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When the well is dry, we know the worth of water.
- Benjamin Franklin
The value of water is measured in billions - in units of volume, in dollars, and in lives. Over a billion people, or nearly twenty percent of the world's population, struggle to survive without access to clean water. More than double that number lack adequate sanitation. Pressure on the world's freshwater resources will only intensify as the global population continues to grow. According to the United Nations, by the middle of the twentyfirst century, up to seven billion people will face some form of water stress. U.N. Department of Economic and Social Affairs, Multidimensional Climate Threats Require New Approaches and More Resources for Adaptation Challenge, Policy Brief No. 20 (Aug. 2009).
Water is fundamental for human survival. Although most of the planet is covered by water, only 3 percent is freshwater suitable for human consumption and the rest is saltwater. Of that 3 percent, the vast majority is used for agricultural (70 percent) and industrial (22 percent) purposes. Less than 1 percent of the world's freshwater is readily accessible for human use (drinking, cooking, and hygiene). Stockholm International Water Institute, Statistics, www.siwi.org/statistics (last visited Sept. 17, 2009). In 2008, the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF) estimated that 884 million people around the world do not have access to improved drinking water (i.e., water from private connections, public standpipes, and protected wells). Center for Strategic & International Studies, Global Water Futures Project, Dechration on U.S. Water Policy and the Global Challenge of Water 1 (Mar. 2009). Approximately 1.8 million people die every year as a result of diseases contracted from unsafe drinking water and lack of sanitation. Id.
While water is arguably our most critical resource, international legal regimes remain diverse and fractured when it comes to balancing the rights of individuals and businesses to access and use water sources. Water is bought, sold, bottled, and traded as a commodity; and it is wasted, polluted, and employed as a tool and product of industry. Environmental regulations attempt to respond to water pollution and waste, but there is little consistency in how states address water access. At the same time, consensus is building to recognize access...