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ECO.7:5.1 - Sharing water while retaining a downstream flow

A constructed canal has a supplied daily-flow account: 100 units enter, upstream uses consume water without a return during that day, and at least 40 units must reach downstream users. Two upstream groups request 50 and 40 units. Granting both leaves 10, so their separate requests are incompatible with the downstream condition.

For this case, the day’s controlled release is known before withdrawal. The two groups and the downstream users can adopt the following arrangement under their existing rights. Normal upstream allowances are 35 and 25 units, leaving 40 downstream. A caretaker is available for €40 per week to read the inlet and outlet meters, check the gates and perform the specified routine upkeep. Each upstream group can pay €20. Larger repairs require a separate decision; the service does not promise unlimited repair work.

The same agreement authorizes the caretaker to apply allowances of 20 and 20 when the available daily inflow falls to 80. Both groups can sustain their essential uses at that level. The caretaker announces the changed allowance before withdrawal and checks its execution. If two credible readings disagree between 80 and 100, the parties temporarily use the lower allowance and jointly check the meter; disagreement alone is not treated as abuse.

Thus an 80-unit day leaves 40 downstream through an available decision, observation and operating service. Below 80, the stated essential uses are incompatible with the available flow; the caretaker must return that limitation rather than extend the same allowances. A missed fee instead threatens the upkeep contribution. An already funded €40 reserve can buy one more week while the groups resolve the payment; after that, continued upkeep requires a replacement contribution or a reduced operating plan that the resource can support. If neither is attainable, the arrangement cannot promise continued service. These are stipulated means and commitments in a constructed case, not claims about an actual canal.