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The Participatory Regime of Water Governance in the Iberian Peninsulaana.barreira@iidma.orgXIth IWRA-World Water CongressMadrid, October 2003

1.- Introduction 2.- The Spanish Legal and Institutional Regime for Public Participation in Water Management 2.-Legal and Institutional Framework for Participation at the Iberian River Basins 3.-Conclusions and Proposals

1.- Introduction Governance- relationship between a society and its government Water Governance refers to the range of political, social, economic and institutional systems that are in place to develop and manage water resources and the delivery of water services at different levels of society (GWP). Principles for effective water governance: Openness and transparency, inclusion and communication, coherence and integration, equity and ethic

¿Why is so important public participation? Public participation and open processes favours public trust on decission making processes legitimacy. “When legitimacy diminishes, so does the ability of legal and political authorities to influence public behaviour and function effectively” Tom Tyler, Psychology Prof., New York University en Why People Obey the Law (1990) The purpose of public participation is to enhance decision-making processes, ensuring decision are based on evidence, those decisions are influenced by experience of those to whom are directed and that creative and innovative options were taken into consideration and then new mechanisms are accepted and work.

2.- The Spanish Legal and Institutional Regime for Public Participation in Water Management • 1978 Spanish Constitution • 1985 Spanish Water Law- users participation principle • Water participation takes place in the RBA (Confederaciones Hidrográficas) and the National Water Council (NWC) • Competences of RBA: RBPlan elaboration, revision and follow-up;administration and control of the water public domain; construction and exploitation of water works projects; granting of authorizations and concession on the water public domain; measuring of water flows;.... • Competences of NWC: elaborates compulsory but not binding reports on the NWPBill, RBMPlans, Bills on the water public domain, public interest plans and projects on agrarian, industrial, energetic and territory planning....

River Basin Authorities Governing Bodies President Governing Board Users Assembly Management Bodies Exploitation Boards Dams Commission Public Works Boards Planning Bodies River Basin Council National Water Council

2.-Legal and Institutional Framework for Participation at the Iberian River Basins 1998 Luso-Spanish Convention on Cooperation for the Protection and Sustainable Use of the Portuguese-Spanish River Basins Institutional Framework: COP and Commission for the Convention Implementation and Development (CCID) CCID: carries out analysis and studies; compile, treat and exchange info;identifies special condition to declare the special regime in case of drought and floods; develops procedures for cooperation.... CCID works in Plenary Sub commissions Working groups of a territorial or thematic nature Access to info (art 6 of the Convention) Public participation not included in the Convention. Only through public hearings at national level.

3.- Conclusions and Proposals Transparency and public participation are important elements for effective water governance. Spain and Portugal have no strong tradition on public involvement. EU law It is necessary to open institutions for public participation and then RBO in Spain should be reformed. As an initial proposal: They should count with an info point Management and Governing bodies should be opened to broader interests

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