Statutory Verification of Water Rights: The 'Insuperable' Difficulties of Propertising Water Entitlements

Abstract

Evolution of private water rights in Australia - statutory interpretation approaches to water rights - argument that core property indicia is increasingly overshadowed by legislative defeasibility - s 51 (xxxi) of the Constitution - implications of recent High Court decision in ICM Agriculture - argument that the propertisation of statutory water entitlements is best achieved where core property indicia are evaluated in a balanced manner and differentiated from factors relevant to assessing the applicability of the constitutional guarantee under s 51 (xxxi) of the Constitution.