Watercourse management;

Abstract

The author highlights the innovative part of the Italian State law no. 36 of January 5, 1994, that has declared all watercourses public property, thus abolishing the distinction between private property watercourses and public property ones. This declaration is made independently from the fact that a particular watercourse might or might not be suited for public use. The author points out how this law is based on a value judgement that considers water as an asset that should be conserved anyhow. The various instruments used by the law for the management of all the different water cycle phases are examined; on the practical side these instruments imply specific procedures that follow entrepreneurial criteria.