Water Law and Governance

Slide1: 

“We return to watering holes for more than water: we return because friends and dreams are there to meet us.”

Water Law and Governance: 

Water Law and Governance

Water Treaties: 

Water Treaties 3600 treaties since 800 (most navigation); 400 treaties (non-navigational) since 1820. But 158 of 263 international basins lack an agreement 106 basins are multi-lateral, but only 20% of agreements are multi-lateral

A Crisis of Governance?: 

A Crisis of Governance? Governance refers to the manner in which power and authority are exercised and distributed in society (incl. issues of equity and efficiency; rights; roles of civil society, governments and the private sector) World Bank Reform Agenda Concern over water security Increasing competition for available water Need to link IWRM with institutional and policy reform

Slide5: 

Water is a common resource system (no one party can control all water resources) Accordingly, water rights and obligations must be clearly defined. Helsinki Rules on the Uses of Waters of International Rivers (1966) Dublin Statement on Water and SD (1992) UN Convention on the Law of the Non-navigational Uses of International Watercourses (1997) Berlin Rules on Water Resources (2004)

Property Rights and Water: 

Property Rights and Water Open Access Property: No defined group of users or owners and water resource is open to anyone. Common Property: A group is in charge and they have the right to exclude others. State Property: Water users must observe use and access rules set by the state. Private Property: Owner has the right to decide on water access and users.

Public vs Private Ownership: 

Public vs Private Ownership Increasingly, water is becoming public property… either owned by the state (Israel (always); Italy, Morocco and Zimbabwe (1990s) for groundwater) or held in trust for the public (S. Africa, 1998) Individuals can only claim user rights (effectively separating land ownership and water use)

Helsinki Rules: 

Helsinki Rules Equitable Utilization: Each basin state is entitled to “a reasonable and equitable share in the beneficial uses of water…” Reasonable and equitable determined by: Extent of drainage area in basin; Contribution of water by each state; Past utilization; Economic and social needs; Dependent population; Availability of other resources…

Slide9: 

A basin state may not be denied the present reasonable use to reserve for a co-basin state a future use… Pollution? A state: Must prevent any new form of water pollution or any increase in water pollution that would cause substantial injury to a co-basin state Should take all reasonable measures to abate existing water pollution This phrase is known as the “obligation not to cause significant harm.” Other articles on dispute resolution

Dublin Statement (1992) – agenda for the Rio Conference (UNCED): 

Dublin Statement (1992) – agenda for the Rio Conference (UNCED) Four principles: Fresh water is essential for life; Water development and management should be based on a participatory approach; Women play a central role in the provision, management and safeguarding of water; and Water should be recognized as an economic good.

UN Convention on the Law of Non-navigational Uses of Int. Watercourses: 

UN Convention on the Law of Non-navigational Uses of Int. Watercourses Only global convention; adopted by GA on 21 May, 1997 (resolution 51/229) General Principles Equitable and Reasonable Utilization Obligation not to cause significant harm Obligation to cooperate Regular exchange of data

Slide12: 

Prevention of new or alien species Dispute resolution mechanism Not legally binding until ratified by 35 countries (then binding to those countries who ratified) Convention adopted 103/3/27; China, Turkey and Rwanda voted against. To date, 14 countries have ratified

Countries that have ratified 51/229See http://untreaty.un.org: 

Countries that have ratified 51/229 See http://untreaty.un.org Finland Hungary Iraq Jordan Lebanon Libya Namibia Netherlands Norway Portugal Qatar South Africa Sweden Syria (with reservation that this does not imply the recognition of Israel)

Berlin Rules (Int. Law Assoc): 

Berlin Rules (Int. Law Assoc) Reinforced UN Convention + Dublin Participatory Protection of aquatic environments and “ecological integrity” of basins Specific sections on groundwater Includes navigation

Australia Case: 

Australia Case Initially, water rights linked to land ownership (under Common Law of England) 1896; flowing water owned by the Crown; so dams and irrigation needed a license (much controversy and brawls); stocks of water still privately owned 1990s, water values separated from land (and could be traded)… so water would “flow” to where it was valued the most

Slide16: 

But laws and rights were murky… to dam or irrigate, a license is needed (worth up to $1.5 million) Subject to rainfall, how full a reservoir is… the state allocated water each year to the holders of licenses… but the state also controlled the flow of water (and, hence, the volume of a reservoir) Allocations can be traded or sold to a water bank (for future income or water)… mixed reviews (see T. Fullerton, Watershed, 2001)

Who owns the rain?: 

Who owns the rain? Victoria (Aus), 1999. Farmer built a dam to capture his rainfall… state charged him $30,000/yr. With cost of water going up, there were 90,000 small dams in NSW So NSW allowed farmers 10% of their rain for free and the rest was charged – much controversy. Prior to this, all rain was runoff into catchment; now farmers got 10% for free In Victoria, farmers could build dams, as long as they weren’t on “a waterway.” Long drought and now policy is changing

Issues of Urban Water Supply: 

Issues of Urban Water Supply Urban water supply systems similar: Water has been regarded as a free good Suppliers have tried for surpluses Surface water preferred When priced, cities charge more Water viewed as an engineering problem (to 1970s) Usually relied on rural water supplies (even if they had local supplies)

New York City: 

New York City No local sources of water Purchased land and built reservoirs (18) from 60 – 160km (most in the Catskill Mtns) Two pipes (can’t even inspect the system without shutting off water to half the population). Third pipe being built - $4.1 billion – for 2020 Major droughts in 1980s

Slide20: 

Demand management 630,000 meters installed Free leak detection and installation of low-flow shower heads and toilets No data yet on effects Watershed Management Strong control of agricul (much to dismay of farmers) Land use controls Land acquisition and partnerships with rural communities

Slide21: 

The Nile River The Nile at Aswan

The Nile River: 

The Nile River Longest river in the world. 10 Riparian States From Lake Victoria in east central Africa, the White Nile flows generally north through Uganda and into Sudan where it meets the Blue Nile at Khartoum, which rises in the Ethiopian highlands. From Lake Victoria to the Mediterranean Sea the length of the Nile is 5584 km (3470 mi). From its remotest headstream, the Ruvyironza River in Burundi, the river is 6671 km (4145 mi) long. The river basin has an area of more than 3,349,000 sq km (1,293,049 sq mi).

International Nile Discourse: 

Burundi Rwanda Tanzania Uganda Ethiopia Nile Equatorial Lakes Eastern Nile Nile Basin International Nile Discourse Nile Basin Initiative

Slide24: 

Nile Basin Initiative Provides a platform for cooperation among Basin states; and a Strategic Action Programme.

NILE WATER AGREEMENTS: 

NILE WATER AGREEMENTS Protocol between Britain and Italy – 1896 Treaty between Britain, Italy and Ethiopia – 1902 Agreement between Britain and Egypt – 1929; 1949 Nile Water Agreement between Egypt and Sudan – 1959 (allocated 55 million cu meters per year to Egypt)

Slide27: 

Very Low Precipitation High Precipitation Precipitation Levels in the Nile Basin

Slide28: 

The Nile River

Toshka Project, Egypt: Agriculture in the Desert: 

Title Body text Toshka Project, Egypt: Agriculture in the Desert 1980’s Toshka region before development 2000 –Water for agriculture