FEDERAL CONSTITUTION Amended in 1988 “Art 21. The Union shall: ...

1. FEDERAL CONSTITUTION Amended in 1988 “Art 21. The Union shall: ... XIX – implement a National Water Resources Management System and define criteria for authorization of water use”

2. Legal Instruments • Law 9.433/1997 “WATER LAW” Establishes the National Water Resources Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution • Law 9.984/2000 “ANA’S LAW” Creates the National Water Agency (ANA), a federal institution to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System

3. National Water Resources Policy Basic Principles - Water is a public good; - Water is a limited natural resource, which has economic value; - Priority in the use of water resources is given to human consumption and the watering of animals;

4. National Water Resources Policy Basic Principles - Water resources management should always allow for multiple uses of water; - Water resources management shall be decentralized and shall involve participation of the Government, water users, local communities and the organized civil society.

5. National Water Resources Policy Basic Principles - The river basin is the territorial unit for the implementation of National Water Resources Management System

6. RIVER BASIN COMMITTEE • Art. 39. The River Basin Committees are composed of representatives of: • -The Federal Government; • -The States or the Federal District in which they are located; • -The Municipalities in which they are located, entirely or in part; • -The water users ; • -Civil society organizations related to water resources that have a demonstrated record of action in the basin. • The number of representatives from each sector mentioned above, and the criteria for their appointment, shall be determined in the by-laws of the committees. The representation of the Federal Government, the States, the Federal District, and the Municipalities shall be limited to half the total number of members.

7. POLICY IMPLEMENTATION INSTRUMENTS Control Water Resources Plano de Recursos Plan Hídricos Water Permits Cobrança pelo Water Charges Fiscalização uso dos recursos hídricos Water Bodies Information Enquadramento dos Sistema de classification System corpos d' água Informações

8. National Water Resources Management System - SINGRH Technical Office Inst. Council Government Authority Water Board Level ANA CNRH MMA National SRH State Government State CERH State Authority Basin Basin Committee Basin Agency

9. MISSION Nat’nl. Water Res. Management System (SINGRH) AUTHORIZE ARBITRATE CONTROL RIVER BASIN MANAGEMENT EXECUTIVE WATER USE IN FEDERAL RIVERS CONFLICT AMONG USERS REGULATORY WATER USE IN FEDERAL RIVERS

10. ANAOrganizational Structure Board of Directors Executive Secretary Attorney General Technical Superintendencies

11. ORGANIZATION AT THE RIVER BASIN LEVEL GOVERNMNENTAL NONGOVERNMENTAL Users: . Domestic and industrial water supply . irrigation . hydropower . navigation . fishing . ecology . Leisure and Tourism Professional and Scientific Associations University Non governmental Organizations (NGO) BASIN COMMITTEE (Parliament) Management Contract FEDERAL (ANA) Harmonization of Management Instruments (Permits, Control and Charges) (Integration Agreement) (Cooperation Agreement) STATE (ManagementAgency) BASIN AGENCY (Not for Profit Organization) Executive Branch of the Basin Committee Management Contract MUNICIPAL

12. RIVER BASIN COMMITTEES – STATES AND UNION Paraiba River Basin Committee STATE RIVER BASIN COMMITTEE • 2001 2002 55 • 1996 1997 60 • 2002 2003 50 • 2002 2008 45 • 2001 2002 60 2001 2002 55 2003 2004 34

13. INTEGRATED RIVER BASIN MANAGEMENT SYSTEM OF THE PARAÍBA RIVER SYSTEM

14. Paraíba River Basin

16. Basin Characteristics • Drainage Area: 55,000 Km2 • Paraiba river length: 1,150 Km • 180 municipalities (SP = 39, RJ = 53 e MG = 88) • Population: 5,800,000 + 8,000,000 in Rio de Janeiro city • Industries: 3,500 • Hydropower installed: 1,500 MW • Irrigation: 71,000 hectares • Water supply coverage = 92 % • Sewage collection coverage = 69 % • Sewage treatment = 11 % • Basin yield: 312 m3/s (Q95% at basin outlet) • Total estimated water demand: 265 m3/s (including interbasin transfer)

17. Interbasin Transfer to Guandu River • Flow transfer at 180 m3/s • Hydropower generation in the Light Complex • Responsible for Metropolitan Rio water supply (~ 50 m3/s)

18. Main Problems • Water pollution due to untreated effluent discharges • Low soil fertility • Severe erosion problems • Deforestation (11% forest cover) • Interbasin transfer restraining water uses in the Paraiba river upstream and downstream of the diversion site

19. Main Institutional Challenges • Multiple Jurisdictions – Union, SP, RJ, MG • Multiple River Basin Organizations • Different stages of development in the States • Different levels of capacity building in the States water agencies • Diversity of norms and standards

20. River Basin Organizations Consortium Muriaé (1997) Pomba – Muriaé River Basin Committee (2001) Consortium Pomba (1998) Paraíba River Basin Committee (1996) Consortium Carangola (2001) Consortium of the middle Paraíba (2001) Paraíba River Basin Committee in São Paulo State (1994) Grande - Dois Rios River Basin Committee (2006) Consortium Grande - Dois Rios (2001) Paraibuna River Basin Committee (2005)

22. MAJOR ACHIEVIMENTS

23. BASIN COMMITTEE AND BASIN AGENCY IMPLEMENTED

24. PARTICIPATION OF DIFFERENT SECTORS IN THE PARAIBA RIVER COMMITEEE

25. WATER COMPACT SIGNED BY MINAS GERAIS, SAO PAULO, RIO DE JANEIRO, ANA AND BASIN COMMITTEE • Implementation of integrated river basin management regardless of water jurisdiction through: • Standardization of criteria for permits and charges • Implementation of a water resources information system

26. 4, 651 USERS (16 Jun 07) • Water Users Registry 16/Sep/02 a 16/Dec/02 ~ 31/Mar/03 • Declaratory • Compulsory • Entire Basin

27. WATER RESOURCES PLAN Approved in Sep 2002 • Investment Program R$ 3 Billion in 20 years = R$ 150 Million / year • Initial Investment Program - R$ 120 Million Structural Actions – Sewage Treatment Plants and Erosion Control Nonstructural Actions – awareness raising in water issues, mobilization for public participation, education and training 1 US$ = 1.90 R$

28. ValueABS = QABS x KABSCLASS x PPUABS ValueCOM = (QABS - QEFL) x PPUCOM ValueBOD = LDBOD x PPUBOD LDBOD = C BOD x QEFL Bulk Water Charging

29. Bulk Water Charging Irrigation and Animal Demand ValueAGRO= (ValueABS + ValueCOM) x KAGROPEC KAGRO = varies according to water use efficiency (from 0,05 to 0,5)

30. Charging Prices * 1 EUR = 2,52 R$

31. Impact on Users

32. Income * 1 EUR = 2,52 R$

33. Investments * 1 EUR = 2,52 R$ Total: 100 Projects - representing around 10% of the total investment needed per year

34. Sewage Treatment Plant of São Silvestre – Jacareí (SP) Investment: R$ 2 million (R$ 1.3 million from water charges and R$ 700,000 from public/private partnership SAAE / Votorantim) Direct Benefit: 9,000 people Indirect Benefit: 180,000 people using Paraíba do Sul river downstream for water supply. WATER CHARGES INVERSIONS IN THE PARAIBA RIVER BASIN(first results) 1 US$ = 1.90 R$

35. SÃO SILVESTRE STP

36. CONCLUSIONS • IWRM concept is fully incorporated in the Brazilian water resources legislation; • Reform of the water resources sector involved: decentralization of decisions; planning and management at the river basin level; independent regulation of water use and utilization of the user-pays and polluter-pays principle;

37. CONCLUSIONS • Appropriate legislation is a necessary condition, but is not sufficient. Political will and adequate institutions are fundamental for the implementation of water reform;

38. CONCLUSIONS • ANA plays a dual role: executive agency responsible for the implementation of the national waer resources management system and regulation of water use in federal rivers. Its autonomy assures technical treatment of complex problems with exemption

39. CONCLUSIONS • Paraiba do Sul river basin is fully operational: river basin committee and agency in place, integrated river basin plan approved, water users registry, water permits and bulk water charges implemented and water resources information system developed

40. THANK YOU OBRIGADO benbraga@ana.gov.br