Module 5: Groundwater allocation and licensing

1. Module 5: Groundwater allocation and licensing

2. Learning objectives • Which benefits? • Implementation? • Main interactions? • Need to link groundwater & surface water

3. Water… a public ownership • The responsibility of the government • A ‘water right’ = the right to use (…not ownership of) • Granted under certain terms or conditions → through permits, licenses, concessions or authorizations… Is there permit or license to abstract GW in your country?

4. Why groundwater rights? • Reduce interference, and conflicts; • Foster the participation of water users; • Improve economic efficiency; • … Do GW rightsguarantee a given water quantity/quality?

5. Need to be a workable system • Sufficient detail to minimize conflict between users • Specify conditions: time, rate, the volume,… the priority • Appropriated judicial or review mechanism.

6. A set of terms and conditions

7. Groundwater allocation criteria • Include economic, social and environmental factors • Flexibility & securityof tenure; • Political & public acceptability; • Efficacy → changes existing undesirable situation; • Administrative feasibility and sustainability. Are thereothercriteria ?

8. A unique water allocation system • Interactions between ground and surface water; • Important issues: • level of surface water connection :- how much, which bodies, over what period? are third parties affected? is baseflow/ecosystem/springs affected?

9. Most important actors • Holder of a water-use right, a lawful user who … have to pay fees and charges. • Other users in the same aquifer and its dependent surface water. • Other stakeholders, third-party actors. • The water resource authority: • can deny grant water right • The judiciary may prosecute or hear appeals How are you dealing with the compliance problem?

10. Management style is important • Conflict resolution mechanisms are well-accepted, economic and rapid; • Sanctions balanced to discourage non-compliance … not to cripple water users; • Monitoring realistic and commensurate with institutional capacity.

11. Points to be considered • Stakeholder participation →better compliance; • Transparency to allocation process →information system; • Effects on third parties, watercourse baseflow, environmental ecosystems, and sustainability of springs; • Political and public awareness. Whatis major constraint to implement GW rights system?

12. Guidelines in transitional phase • If no accurate data on GW balance, all users should be given permits of short duration • Customary rights should be dealt with comprehensively. • No exceptions should be tolerated. • Specification of abstraction rate thresholds, a dynamic process. • Certain minor uses may be exempted from water rights bureaucracy.

13. The case of non renewable groundwater resources • Implementation → high priority. • Consistent with the hydrogeological reality. • Permits time-limited, and subject to initial review and modification. • Transboundary: • harmonization of legislation and regulations Internationally shared aquifers in Northern Africa (IHP-VI, 2001)

14. Non renewable GW: special consideration needed • The impacts of new water allocation on traditional users; • The difficulties in estimating impacts on ecosystem; • Considering the “what happen after” question • Extractable groundwater of acceptable quality is left.

15. Thank you!