The law and science relating to water is vast. This is perhaps unsurprising given that water is critical to life and waters cover over 70% of the earth’s surface. Fresh water accounts for only 2.7% of the earth’s water and a large proportion of this limited quantity is frozen in glacial ice caps at the two poles and on high mountains. At the same time the demand for water has risen with increasing human population and economic activity. Many water-stressed areas have been forced to turn to their groundwater reserves, which frequently are pumped faster than they can be replenished. In addition to pressure on water resources from economic development and changes in social consumption patterns, water supply increasingly is constrained by land use changes and contamination from human settlements, industry and agriculture. Water law usually has the objective of restoring and maintaining the chemical, physical and biological integrity of inland and marine waters. It may regulate the discharge of pollutants, activities affecting wetlands, accidental spills, and the use and disposal of wastes. Most enforcement agencies are given powers to assess administrative penalties, issue orders and initiate civil judicial actions. The legal treatment of pollution also is complicated by differences between identifiable “point” sources and “diffuse” sources of pollution. The latter category includes emissions that individually or separately are responsible for possible insignificant amounts of pollution, such as small, often continuous discharges of wastes and utilization of pesticides and fertilizers in agriculture. Laws and regulations typically require that any discharges into water require a permit and impose strict liability on those who make discharges without or in violation of the conditions of a permit. Knowledge or intent is frequently irrelevant. Fresh water and marine environments are undeniably interlinked, but the legal regimes applicable to them differ widely in response to varied geographic, economic, social and political factors. The sea receives a large part of its pollution from rivers, but specific rules are needed to resolve its problems. One-quarter of all freshwater is found under the soil and generally is closely connected with surface waters, but their legal regimes are often distinct. Moreover, even the same type of water source may be regulated differently, accordingly to the use of which the waters are put (e.g., domestic, agricultural and industrial purposes). Judges in many countries encounter cases concerning water pollution, allocation of water and the regulation of fishing and other uses of water resources. This paper aims realizing the following objectives: i. To underscore the importance of water and its sustainable use; ii. To review Nigerian Legislations and Policies on various aspects of the water sector; iii. To briefly survey the major issues in national and international water law and policy; iv. To conclude with some viable options for Nigeria.
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