An Appraisal of the Legal Framework for Water Rights and Access in Benue State, North Central Nigeria

Access to clean water is a fundamental human right with constitutional dimensions, yet Nigeria lacks an explicit constitutional provision guaranteeing the right to water. Legislative and regulatory frameworks at the federal and state levels govern water resources management, yet their practical implementation in North Central states such as Benue, where agricultural water use and climate-induced water stress increasingly intersect, remains limited. This study appraises the legal framework for water rights and access in Benue State, examining federal and state water legislation, customary water rights, and judicial decisions on water access disputes. A doctrinal methodology is applied, reviewing the Water Resources Act, the National Water Policy, the Benue State Water Resources Agency Law, and decisions of the Benue State High Court on water rights disputes. The study evaluates the adequacy of existing water rights instruments to address community access claims against industrial and agricultural users. Available water law literature from North Central Nigeria identifies the absence of clear rural community water entitlements, inadequate compensation for water diversion, and weak agency enforcement as the dominant legal gaps. The Human Right to Water Framework under General Comment 15 of the UN Committee on Economic, Social and Cultural Rights provides the normative reference. Recommendations address statutory entrenchment of community water rights, mandatory water impact assessments for large agricultural projects, and strengthened Water Resources Agency enforcement capacity. Keywords: water rights, water law, Benue State, access to water, North Central Nigeria.