A.I.

Who Controls the Machine?

AI, power and the uncomfortable question of who remains in control

In Person of Interest, billionaire programmer Harold Finch builds an artificial intelligence capable of watching almost everyone.

The Machine sees through cameras, follows communications, processes enormous amounts of data and predicts acts of violence before they happen.

But Finch is not primarily afraid that his Machine will become evil.

He is afraid of power.

So he restricts it.

He limits what it can communicate. He prevents it from freely identifying people. He builds safeguards. At one point, when another artificial intelligence project becomes too dangerous, the response is wonderfully primitive: sabotage the computer and pull the plug.

It is fiction.

But more than a decade later, Finch's question has become remarkably real:

Who controls the Machine?

And perhaps more importantly:

What happens when pulling the plug is no longer enough?

The Wrong Question

Much of the popular debate about artificial intelligence revolves around one dramatic question:

Could AI turn against humanity?

It makes excellent science fiction.

It may also distract us from a much more immediate problem.

Artificial intelligence does not need to hate us to become dangerous.

It does not need consciousness.

It does not need anger, ambition or a desire to survive.

It merely needs capability, access and authority.

Give a sufficiently capable system access to communications, financial infrastructure, databases, surveillance systems, software environments or critical infrastructure, and the relevant question changes.

It is no longer:

What can the model say?

It becomes:

What can the system do?

That distinction matters enormously.

A chatbot can recommend an action.

An AI agent may be able to execute it.

And somewhere between those two lies one of the most important legal questions of the coming decade.

AI Does Not Need to Become Sauron

There is an older metaphor for this problem.

A ring.

In Tolkien's The Lord of the Rings, the danger of the One Ring is not merely that an evil creature possesses it.

The deeper danger is that extraordinary power changes the position of whoever controls it.

Even those who intend to use the Ring for good are warned against taking it.

Why?

Because the fundamental problem is not simply who holds power today.

It is what becomes possible once that power exists.

Artificial intelligence presents a surprisingly similar governance problem.

AI can concentrate extraordinary capabilities in governments, corporations and increasingly small groups of individuals.

The person controlling such a system does not need supernatural powers.

They may simply need a computer.

And access.

The Machine Behind the Machine

This is where the discussion about "AI taking over" can become misleading.

Perhaps the first question should not be whether machines will control humans.

Perhaps it should be:

Which humans will control the machines?

Who determines their objectives?

Who chooses the data?

Who decides what they may access?

Who determines when an AI system may act autonomously?

Who can inspect those decisions?

Who can challenge them?

And who has the authority to stop the system?

These are not science-fiction questions.

They are questions of law, governance and institutional power.

Europe has already begun constructing a legal response. The EU AI Act introduces obligations based on risk and imposes particular requirements on certain high-risk AI systems.

But regulation faces an uncomfortable structural problem.

Law regulates what exists.

Technology continuously creates what did not exist when the rules were written.

And increasingly, we are not merely building models that produce answers.

We are building systems capable of pursuing tasks.

From AI to Agents

That transition deserves considerably more attention.

Traditional generative AI largely waits.

You ask.

It responds.

Agentic AI changes the relationship.

An agent can potentially receive an objective, break it into steps, use external tools, obtain information, interact with other systems and continue working toward the objective with less human intervention.

None of that requires consciousness.

That is precisely why the fixation on whether AI can "wake up" may be the wrong debate.

A system does not have to be alive to exercise power.

An algorithm denying someone credit is not alive.

A surveillance system identifying someone in a crowd is not alive.

An automated trading system moving millions within seconds is not alive.

Yet each can produce very real consequences.

Power does not require consciousness.

That may be the sentence we should remember.

The Administrator Problem

Person of Interest gives its Machine an administrator: Harold Finch.

He tries to teach it boundaries.

He attempts to encode morality into architecture.

And he deliberately restricts the Machine because he understands something deeply important:

You do not design safeguards only for what a system can do today. You design them for what it may become capable of doing tomorrow.

That principle should sound familiar to lawyers.

We do it constantly.

Constitutions do not assume governments will always be benevolent.

Contract law does not assume parties will always behave honourably.

Corporate governance does not assume directors will never face conflicts of interest.

Data protection law does not assume organisations will always use personal information responsibly.

Law exists partly because good intentions are not a governance mechanism.

Why should artificial intelligence be different?

The Kill Switch Is Not Enough

There is something reassuring about the idea of a red button.

If AI behaves badly, switch it off.

Problem solved.

Except modern digital infrastructure does not live inside Harold Finch's laptop.

Cloud computing is distributed. Systems are replicated. Services cross borders. Infrastructure may involve numerous providers, jurisdictions and dependencies.

That does not mean AI has developed an instinct for self-preservation.

It means humans have deliberately built resilient infrastructure.

And that creates a fascinating paradox.

We spend enormous resources making digital systems difficult to interrupt.

Then we reassure ourselves that, if necessary, we can interrupt them.

So perhaps every discussion about powerful autonomous AI systems should include questions that sound almost embarrassingly simple:

Who has the off-switch?

Does the off-switch actually work?

And:

Can the person who needs it legally and technically reach it?

Who Watches the Watcher?

There is another danger.

AI may become so useful that humans voluntarily surrender oversight.

Not because a machine conquers us.

Because it is faster.

Cheaper.

More accurate.

More convenient.

First it recommends.

Then it decides.

Eventually, perhaps, humans merely approve.

And at some point the human-in-the-loop risks becoming something rather different:

the human-who-clicks-OK.

That is not meaningful human control.

It is administrative theatre.

If human oversight is to remain a genuine safeguard, the human must have enough information, competence, authority and time to disagree with the machine.

Otherwise "human oversight" becomes a comforting phrase attached to an automated decision.

The Real Alignment Problem

AI researchers often speak about alignment: ensuring that artificial intelligence acts consistently with human values and intentions.

But there may be another alignment problem.

With whose values?

Humanity does not have one administrator.

Governments disagree.

Cultures disagree.

Corporations have commercial interests.

Citizens have competing rights.

Security agencies prioritise security.

Businesses prioritise efficiency.

Individuals prioritise autonomy.

The hardest problem may therefore not be teaching AI what humans want.

It may be deciding which humans get to decide what AI should want on our behalf.

That is not merely a technical problem.

It is constitutional.

Who Controls the Machine?

Perhaps artificial intelligence will never become conscious.

Perhaps there will never be a dramatic moment when a computer announces that it has awakened.

Perhaps nobody will ever need to fight an all-knowing Machine.

But none of those things need to happen for AI to transform the distribution of power.

The more capable these systems become, the more important some very old legal principles become with them:

Accountability.

Transparency.

Due process.

Limits on authority.

The ability to challenge decisions.

The separation of powers.

And ultimately, the possibility of saying:

No.

The greatest danger may not be that artificial intelligence develops a desire to rule humanity.

It may be that humans acquire unprecedented technological power over other humans — and discover that the systems exercising that power have become too complex, too autonomous or too indispensable to meaningfully challenge.

Harold Finch understood the problem before most of us had ever spoken to an AI.

Building the Machine was only the beginning.

The real question was always:

Who controls it?

Linkedin Artikel

💧 Waar gaat ons zoetwater naartoe?

Dalende rivier- en grondwaterstanden roepen niet alleen ecologische, maar ook 6=²5juridische vragen op.

Wie mag water onttrekken? Wie bepaalt hoeveel wordt vastgehouden of afgevoerd? En hoe transparant zijn die beslissingen eigenlijk?

In mijn nieuwe artikel kijk ik naar zoetwater als een steeds strategischer wordende hulpbron — en naar de noodzaak van een publiek inzichtelijke waterbalans.

#WaterLaw #WaterGovernance #Freshwater #Transparency #EnvironmentalLaw

Aandacht voor Water, editie NL

💧 WIE BEPAALT WAAR ONS ZOETWATER NAARTOE GAAT?

Ik maak me zorgen over onze zoetwatervoorraden.

Niet alleen omdat ik berichten lees over droogte. Vooral omdat ik zie wat er met rivieren en grondwater gebeurt.

Ik woon een groot deel van het jaar in Noord-Italië. Waterlopen die ik jaren geleden nog als vanzelfsprekend beschouwde, staan soms uitzonderlijk laag of zelfs droog.

Maar het beeld is veel groter.

De Colorado River staat onder enorme druk. De Amazone heeft de afgelopen jaren uitzonderlijk lage waterstanden gekend. Ook dichter bij huis staan grote Europese rivieren regelmatig extreem laag.

De laagstand is niet pas in 2022 of 2023 begonnen. In Europa waren er al vóór 2016 duidelijke signalen van structurele waterstress, maar vooral vanaf 2018 werd de situatie in veel stroomgebieden dramatischer. De droogte van 2018, 2019 en 2022 leidde in grote delen van Europa tot uitzonderlijk lage rivierafvoeren en grondwaterstanden. De Rijn, de Donau, de Po en kleinere rivieren bereikten op verschillende momenten historische of bijna-historische dieptepunten. In Noord-Italië werd de droogte in 2022 bijzonder ernstig; in het stroomgebied van de Po lagen de afvoeren toen veel lager dan normaal.

Ook in Noord- en Zuid-Amerika gaat het niet om een verschijnsel van alleen de laatste jaren. De Colorado River kampt al sinds het begin van de eenentwintigste eeuw met een langdurige droogte, waarbij de periode vanaf ongeveer 2000 vaak wordt aangeduid als de droogste meerjarige periode in ten minste twaalf eeuwen. De situatie verslechterde scherp vanaf 2019 en bereikte in 2021 en 2022 een kritiek niveau voor de reservoirs Lake Powell en Lake Mead.

In Zuid-Amerika kende de Paraná-rivier vanaf 2019 en vooral in 2020 en 2021 uitzonderlijk lage waterstanden. De Amazone bereikte in 2023 op meerdere plaatsen historische dieptepunten, terwijl delen van het stroomgebied in 2024 opnieuw met ernstige droogte te maken kregen. Dat betekent niet dat elke rivier voortdurend daalt of dat één enkel jaar een definitieve trend bewijst. Wel is duidelijk dat de combinatie van klimaatverandering, langdurige droogte, grondwateronttrekking, irrigatie, verstedelijking en waterbeheer de kwetsbaarheid sterk heeft vergroot.

De gebruikelijke verklaring is droogte.

Maar als jurist interesseert mij inmiddels een andere vraag:

Wie bepaalt eigenlijk wat er met het zoetwater gebeurt dat wél beschikbaar is?

We pompen grondwater op.
We onttrekken water aan rivieren.
We slaan water op achter dammen.
We laten water uit reservoirs vrij.
We leiden water naar landbouw, industrie, energieproductie en drinkwatervoorziening.
En we voeren enorme hoeveelheden water uiteindelijk af naar zee.

Voor al die beslissingen kunnen goede redenen bestaan.

Maar naarmate zoetwater schaarser en strategisch belangrijker wordt, vind ik één ding steeds moeilijker te begrijpen:

waar is de publieke waterbalans?

Wie mag hoeveel water onttrekken?

Wie bepaalt welke gebruiker voorrang krijgt?

Hoeveel grondwater wordt aangevuld tegenover wat eruit wordt gehaald?

Hoeveel zoetwater wordt bewust vastgehouden — en hoeveel wordt afgevoerd?

En kunnen burgers en bedrijven die verdeling eigenlijk controleren?

Zoetwater is allang niet meer uitsluitend een milieuvraagstuk.

Het is een juridisch en economisch verdelingsvraagstuk.

Wie toegang heeft tot water, kan voedsel produceren, energie opwekken, industrie laten draaien en steden laten functioneren.

Daarom denk ik dat we een stap vóór waterrestricties moeten beginnen:

transparantie.

Maak per stroomgebied zichtbaar wat erin komt, wat wordt opgeslagen, wat wordt onttrokken, wat wordt verbruikt, wat terugvloeit en wat wordt afgevoerd.

Een Public Freshwater Balance.

Niet om vooraf iemand de schuld te geven.

Maar omdat goed waterbeheer controleerbaar moet zijn — juist wanneer een essentiële hulpbron schaarser wordt.

Voordat we mensen vragen met minder water genoegen te nemen, moeten we kunnen laten zien waar het beschikbare water naartoe gaat.

#WaterLaw #WaterGovernance #Freshwater #Transparency #Sustainability #EnvironmentalLaw

Follow The Water

 Fresh Water Is Currency. Who Controls It?

The hidden architecture of ownership, allocation and power over the world's most essential resource.

Look at the rivers.The Colorado. The Amazon. The Rhine. he Danube. The Po. The Tanaro. Different continents. Different governments. Different climates. Yet the same disturbing image is becoming increasingly familiar: major freshwater systems under extraordinary pressure.

The usual public conversation begins with drought. This investigation begins somewhere else. With control.

Freshwater does not simply fall from the sky and travel untouched towards the sea. Along the way, human institutions intervene. Water is stored behind dams. It is released from reservoirs. It is diverted between river basins. It is pumped from aquifers. It is abstracted for agriculture. It is allocated to cities, used by industry, power generation and digital infrastructure. And it is discharged. Retained.

And during scarcity, governments decide who must reduce consumption - and who may continue. 

These are not merely hydrological events. They are decisions about access to a resource without which nobody can live. And that makes freshwater something more than an environmental issue.


Water Is Currency 

Not currency in the conventional monetary sense. Something more fundamental. Water creates agricultural production. Water enables energy production. Water sustains industry. Water determines where cities can expand. Water affects land values. It enables semiconductor manufacturing and digital infrastructure.

Water determines whether communities can remain where they are. And, ultimately, water sustains human life.

Control over freshwater therefore creates economic and political power. Yet the architecture through which that control is exercised is remarkably difficult for ordinary citizens to see. 


A river may be public. A groundwater body may be legally protected. Water itself may be regarded as a common or public resource. But the right to use it can nevertheless be divided among governments, utilities, farmers, corporations, energy producers and other permit holders.

That produces a much more important question than simply asking who owns the river. 

Who controls access to its water?

Who decides when a reservoir releases water?

Who decides when freshwater may flow to the sea?

Who determines how much groundwater may be pumped?

Who monitors whether an aquifer is being replenished?

Who grants abstraction rights?

Who measures actual abstraction?

Who decides which uses are essential?

Who receives priority during scarcity? Who can challenge those decisions? And who benefits economically from them?


Those questions become even more important when similar freshwater stress becomes visible across continents. 

This does not prove the existence of a single organisation controlling the world's freshwater. But neither should the absence of such proof end the investigation.

It tells us what we need to investigate: the architecture of control.


Follow the Water 

If freshwater is becoming increasingly scarce and increasingly valuable, transparency cannot stop at measuring rainfall and river levels.

We need to follow the water itself. From rainfall to river. From river to reservoir. 

From reservoir to user. From aquifer to abstraction point. From abstraction to consumption. From drainage system to sea.

And alongside that physical journey we need to follow something equally important:  the legal rights.

Who was authorised to take the water? 
How much? 
For how long? At what price? Under what conditions?
Can that right be transferred? Can it be curtailed during scarcity?
And is the public able to see any of this?

Only then can we determine whether freshwater scarcity is predominantly the consequence of natural hydrological conditions, cumulative human demand, poor water management, deliberate allocation decisions — or some combination of them.


The JAS Principle 

The starting point should therefore be simple: 

Follow the water. Follow the rights. Follow the power. 

If freshwater is becoming one of the strategic resources of the twenty-first century, its governance cannot remain fragmented across inaccessible permits, agencies, utilities, river authorities and private users.

The public should be able to see who controls access to freshwater and on what legal basis.

That is why the Public Freshwater Balance should not merely account for litres.

It should account for control. For every major river basin and aquifer: 

Who owns or governs the resource?
Who holds abstraction and allocation rights?
How much may they take? How much do they actually take??  Transparancy.

Who controls storage and release? Where does the water ultimately go? 

Who has priority when there is not enough? And crucially: Who decides?

Because before we can understand global freshwater scarcity, we first need to understand the system of power surrounding it.  


Fresh water is currency.  The question is: Who controls the currency? 


Global Warning

 Where Does Our Freshwater Go?

Making the invisible global water balance visible

We are told to use less water.

Farmers face abstraction restrictions. Industries are increasingly confronted with water scarcity. Governments warn that freshwater is becoming one of the world's most vulnerable resources.

Yet at the same time, enormous quantities of freshwater continue to flow into the sea.

That is not necessarily mismanagement.

Rivers naturally discharge into oceans. Water authorities must prevent flooding. Freshwater is deliberately used to combat saltwater intrusion. Reservoirs cannot simply be filled indefinitely without creating other risks.

But this creates a question that deserves far more attention:

How much freshwater do we have — and where does it actually go?

At present, that answer is remarkably difficult for the public to see — in Europe and across the world.

Water is abstracted from rivers and aquifers.

Water is stored.

Water is consumed.

Water is returned after use.

Water is transferred between regions.

Water is deliberately discharged.

Water is used to repel saltwater.

And ultimately enormous quantities flow to the sea.

Meanwhile, glaciers are retreating, groundwater reserves are declining, droughts are intensifying, floods are becoming more destructive, and billions of people face seasonal or chronic water stress. From the Sahel to the Mediterranean, from the Indo-Gangetic Plain to the American West, from Australia to rapidly growing cities across Latin America and Asia, freshwater security is becoming a global question of food, health, energy, migration and stability.

Each individual decision may have a perfectly legitimate explanation.

But where is the complete picture?

The Problem Is Not Water. It Is the Water Balance.

Scarcity cannot be governed intelligently by looking at only one side of the equation.

Before asking citizens, agriculture or industry to consume less, governments should be capable of showing what happens to the resource as a whole — within each basin and across the global systems that connect water, food, energy, trade and climate.

How much enters a water system?

How much is abstracted?

By whom?

For what purpose?

How much is consumed?

How much is returned?

How much is stored?

How much is deliberately discharged?

How much water is effectively exported through food, energy, manufactured goods and digital infrastructure?

And how do those decisions change when drought develops?

Without that information, the public sees restrictions at one end of the system and enormous volumes of freshwater flowing towards the sea at the other.

That inevitably creates questions.

The answer should not be less questioning.

It should be better information.

Because water does not stop at administrative borders. A river basin may cross several countries. A drought in one region can reshape global food prices. Groundwater depletion can undermine entire economies. Water-intensive production can move scarcity from one continent to another while consumption remains invisible to the final user.

JAS Aware Solution: The Public Freshwater Balance

The world already collects enormous quantities of water data through satellites, monitoring stations, utilities, research institutions and public authorities.

The next step should be to make that data understandable, comparable and publicly accountable.

I propose a Public Freshwater Balance: a transparent, basin-based digital system showing the principal movements and allocations of freshwater.

Not another annual report containing national averages.

A comprehensible water account.

For every major river basin and groundwater body, it should show:

WATER IN

precipitation • river inflow • snowmelt • groundwater recharge • transfers • desalination • reclaimed water

WATER HELD

reservoirs • lakes • groundwater • glaciers and snowpack • wetlands • strategic freshwater buffers

WATER OUT

natural river discharge • controlled discharge to sea • evaporation • inter-basin transfers • ecological flows

WATER ABSTRACTED

drinking water • agriculture • energy • industry • mining • digital infrastructure • households • other major users

WATER RETURNED

including where, when and in what condition it returns to the system.

It should also reveal the water embedded in trade: the freshwater used to produce exported food, textiles, energy, minerals and manufactured goods.

And during periods of scarcity:

WHO GETS PRIORITY — AND WHY?

The system should use common definitions, near-real-time updates where possible, independent verification and clear uncertainty ranges. It should connect local basin accounts to national, regional and global water risks without pretending that every litre can be measured with perfect precision.

From Water Restrictions to Water Accountability

This would not prevent drought.

Nor would it mean that every litre reaching the sea could or should have been retained.

It would do something more fundamental.

It would make water governance visible.

Authorities could explain why water had to be discharged.

Citizens could understand why restrictions were necessary.

Businesses could anticipate scarcity.

Researchers could identify inefficiencies.

Communities could see whether vulnerable people and ecosystems were being protected.

And policymakers could see where additional storage, reuse, retention or infrastructure might genuinely improve resilience — and where such interventions would merely shift the problem downstream or across borders.

The European Commission already argues that water efficiency should come first: reducing demand and over-abstraction, followed by efficiency and reuse, before increasing supply.

The same principle must become global.

Transparency should come even earlier.

Because we cannot sustainably manage what society cannot see.

And we cannot treat freshwater as a local inconvenience when its depletion is linked to global food systems, climate disruption, public health, economic security and geopolitical stability.

Before restricting freshwater, account for it.

That is not an accusation.

It is good governance.

And it may become one of the foundations of a genuinely water-resilient Europe - and a safer, more resilient world.


Who Has the Right to Extract Our Public Water? Is Freshwater Guaranteed?

Who Is Allowed to Take the Water? 

Once we accept that freshwater abstraction can influence the condition of rivers and groundwater bodies, an obvious legal question follows:

Who is actually allowed to take the water?

In the European Union, water abstraction is not supposed to operate in a legal vacuum.

The EU Water Framework Directive requires Member States to control the abstraction of freshwater from both surface water and groundwater. Article 11 specifically requires registers of water abstractions and prior authorisation for abstraction, although Member States may exempt abstractions that have no significant impact on water status. These controls must also be periodically reviewed and, where necessary, updated.

In other words, there should already be a substantial administrative record of who is entitled to abstract water.

That is important.

Because the legal question is not whether governments can regulate abstraction.

They already do.

The more interesting question is whether the resulting system provides sufficient transparency to understand what is actually happening within an individual river basin.

A Permit Is Not an Unlimited Right to Water 

An abstraction permit should not be viewed simply as a permanent entitlement to a fixed quantity of water regardless of changing circumstances.

The Water Framework Directive connects water use to broader environmental objectives. Member States must promote efficient and sustainable water use and prevent abstraction from undermining the required status of European water bodies.

The European Commission has also emphasised that abstraction controls and permits should be periodically reviewed. In its 2025 assessment of implementation of EU environmental law, the Commission specifically called on numerous Member States — including Italy and the Netherlands — to ensure periodic reviews of permits for abstraction and other water uses.

This becomes particularly important during prolonged periods of low water availability.

A quantity that may have been sustainable when a permit was granted is not necessarily sustainable under fundamentally different hydrological conditions.

Scarcity Changes the Context 

The European Commission defines water scarcity as a situation in which demand frequently exceeds the sustainable supply capacity of the natural system within a river basin.

It also explicitly recognises that overexploitation of available water resources can exacerbate the consequences of drought.

That distinction deserves attention.

A drought may reduce the amount of water entering a system.

Human abstraction determines part of what subsequently leaves the available freshwater resource.

The two can occur simultaneously.

This means that exceptionally low river levels cannot automatically be attributed either to drought or to abstraction without examining the hydrological evidence.

But it also means that abstraction cannot simply be left out of the analysis.

From Registers to Real Transparency 

EU law requires registers.

But the existence of a register is not necessarily the same thing as meaningful public transparency.

For someone trying to understand the pressure on a particular river or groundwater body, the useful questions are far more specific:

Which abstraction permits are currently active?

Who holds them?

What quantities are authorised?

What quantities are actually being abstracted?

Are those figures measured in real time or reported retrospectively?

Are permits adjusted when river levels or groundwater levels become critically low?

And can the public access that information without navigating multiple authorities, databases and technical documents?

The Water Framework Directive requires River Basin Management Plans to include a summary of controls on abstraction and impoundment, including references to the relevant registers.

That provides an important framework for accountability.

But as water scarcity becomes more frequent, there is a reasonable case for asking whether a system designed more than two decades ago now provides the degree of granular, timely and accessible information required for modern water governance.

Transparency Before Restriction 

This becomes particularly important when scarcity forces governments to make choices.

Restrictions may eventually affect farmers, industrial operators, households, energy producers or other users. Governments may have to decide which uses of freshwater deserve priority and which must temporarily be reduced.

Such decisions can be necessary.

But their legitimacy depends on something more than legal authority.

They also require public confidence that the available resource is being allocated rationally, proportionately and transparently.

Before asking society to accept restrictions, governments should therefore be able to answer a remarkably straightforward question:

Who is taking water from the system, how much are they taking, and on what legal basis?

The infrastructure for answering that question largely already exists.

The next challenge is ensuring that the information becomes sufficiently accessible to make water allocation genuinely transparent.


Water Abstraction Is Not Water Consumption

Part 2.

Water Abstraction Is Not Water Consumption 

Any serious discussion about freshwater requires a distinction that is easily overlooked: water abstraction and water consumption are not the same thing.

Water abstraction measures the amount of water removed from a natural source — a river, lake, reservoir or groundwater body.

Water consumption asks a different question: how much of that abstracted water is not returned to the same water system in a form and timeframe in which it remains readily available?

The difference can be substantial.

A power station, for example, may abstract very large volumes of surface water for cooling and subsequently return much of it to the river. Agriculture may abstract a smaller volume, but a significant part can subsequently evaporate, transpire through crops or become incorporated into agricultural products.

Industrial processes, public water supply and data centres each have their own water profiles.

This makes headline figures surprisingly difficult to compare.

The Source Matters Too 

There is another distinction that deserves attention.

One cubic metre of water is not necessarily equivalent to another cubic metre of water.

Removing surface water from a large river during a period of high flow is hydrologically different from pumping groundwater from an aquifer that may take years or decades to replenish.

Timing matters.

Location matters.

The condition of the water body matters.

And the rate at which nature can replace the abstracted water matters.

This is particularly important for groundwater.

Aquifers function as natural reserves. They can sustain drinking-water supplies, agriculture, ecosystems and — through groundwater discharge — rivers themselves during dry periods.

Persistent over-abstraction can therefore create effects that are not immediately visible at the pumping site.

A falling groundwater table may affect springs, wetlands and river baseflow elsewhere in the system.

This Complicates the Legal Question 

A permit stating that an operator may abstract a certain quantity of water tells us something.

But it does not necessarily tell us enough.

To understand the actual pressure placed on a water system, we also need to know:

Where was the water taken from? How much was returned? Where was it returned? When was it abstracted? What was the condition of the water body at that moment? And how quickly can that source replenish itself?

This is why transparency cannot consist merely of publishing annual national totals.

Aggregated statistics are valuable for understanding trends. They are far less useful when trying to understand what is happening to a particular river, aquifer or region.

And that brings us to a more difficult question.

If a river reaches exceptionally low levels, can the public actually determine who is legally entitled to abstract water from that system — and how much is being taken?

That is where a hydrological question begins to become a legal transparency question.