Brazilian Water Resources Management: Legal & Institutional Framework

1. BRAZILIAN WATER RESOURCES MANAGEMENT:LEGAL E INSTITUTIONAL FRAMEWORK

2. BRAZIL RORAIMA AMAPÁ MARANHÃO CEARÁ AMAZONAS RIO GRANDE DO NORTE PARÁ PARAÍBA PIAUÍ ACRE PERNAMBUCO ALAGOAS TOCANTINS MATO GROSSO RONDÔNIA SERGIPE BAHIA DISTRITO FEDERAL GOIÁS MINAS GERAIS MATO GROSSO DO SUL ESPÍRITO SANTO SÃO PAULO RIO DE JANEIRO • Area: 8,574,761 km2 • Federative Republic: • 26 States + 1 Federal District • 5,561 Municipalities PARANÁ SANTA CATARINA RIO GRANDE DO SUL

3. BRAZIL: POPULATION EVOLUTION POPULATION IN 2004: 181 million inhabitants URBAN AREAS: 147 million inhabitants RURAL AREAS: 32 million inhabitants POPULATION IN 1950: 52 million inhabitants URBAN AREAS: 19 million inhabitants RURAL AREAS: 33 million inhabitants

4. BRAZIL: POPULATION DISTRIBUTION Inhabitants/km2 < 1 0 1 0 - 2 5 2 5 - 5 0 5 0 - 1 0 0 > 1 0 0 Hydrographic region State

5. Brazil: major water resources issues North: Most of the country´s water is concentrated on the Amazon Basin Northeast: The poorest and driest region of Brazil South & Southeast: Industrial and urban water pollution Midwest: Pressures from the new agricultural frontier

6. C O S T E I R A D O N O R D E S T E O C I D E N T A L C O S T E I R A A M A Z O N A S D O N O R D E S T E O R I E N T A L P A R N A Í B A T O C A N T I N S S Ã O C O S T E I R A F R A N C I S C O D O L E S T E P A R A G U A I C O S T E I R A D O S U D E S T E P A R A N Á C O S T E I C O S T E I R A D O N O R T E BRAZIL 12 HYDROGRAPHICS REGIONS U R U G U A I R A D O S U L

7. Brazilian Constitution (1988): States and Federal Rivers Espírito Santo State State Jurisdiction River Federal Jurisdiction River Minas Gerais State Atlantic Ocean São Paulo State

8. FEDERAL LAW 9.433/1997 (WATER LAW) • NATIONAL WATER RESOURCES POLICY • NATIONAL WATER RESOURCES MANAGEMENT SYSTEM • STATES WATER RESOURCES LAWS • STATES WATER RESOURCES POLICY • STATES WATER RESOURCES MANAGEMENT SYSTEM

9. WATER LAW: FOUNDATIONS • Water is a public common good, a limited natural resource with economic value • Water managementmust be participative and descentralized • Priority for human and animal consumption • Water management implies multiple uses • The river basin is the territorial unity for the implemention of the National Water Resources Policy and National Water Resources Management System

10. WATER LAW: OBJECTIVES • To insure qualitative and quantitative water availability for present and future generations • Rational and integrated water resources management for sustainable development • To prevent critical hydrological events

11. WATER LAW: GENERAL ACTION GUIDELINES • Water resources management including qualitative and quantitative aspects • Water resources management conditioned by physical, biotic, demographic, economic, social and cultural diversities • Integration of water resources management with environmental management • Articulation of water resources planning with federal, regional and different water sectorial uses • Articulation of water resources management with land use • Integration of river basin management with estuarine systems and coastal areas

12. WATER RESOURCES MANAGEMENT INSTRUMENTS WATERCOURSES WATER RIGHTS CLASSIFICATION CONCESSIONS WATER WATER RESOURCES WATER CHARGES RESOURCES INFORMATION SYSTEM PLANS USERS REGISTER FISCALIZATION MONITORING CAPACITY BUILDING

13. NATIONAL WATER RESOURCES MANAGEMENT SYSTEM “Water Parliament” Technical Council Government Manager Office Environment Ministry ANA National Council National Water Resources Secretariat State State States Councils State Government Manager River Basin Committee Basin River Basin Agency

14. RIVER BASIN COMMITTEES • Public entity with normative, consultive and deliberative competences upon a public and collective good • To mediate water conflicts and approve river basin plan • To follow up implementation of river basin plan • To establish water charging mechanisms and pricing • Government (maximum 40%) • Water Users (40%) • Water Resources Civil Organizations (minimum 20%)

15. RIVER BASIN AGENCIES • The establishment of a River Basin Agency depends upon the viability of obtaining the financial assets from water charging • River Basin Committees Executive Secretariat • To maintain the balance of hydric availability and the register of water users in the river basin • To follow up the management of the financial outcomes derived from water charging • To manage the information system • To elaborate the river basin plan

16. AGÊNCIA NACIONAL DE ÁGUAS • Created by Federal Law 9.984/2000 • Board of Directors (5 directors) and 10 Superintendencies • Long term strategy • To regulate river uses, avoiding water pollution and water waste, assuring qualitative and quantitative water availability for present and future generations

17. AGÊNCIA NACIONAL DE ÁGUAS Major challenges • To implement the National Water Resources Policy and to coordinate National Water Resources Management System • To reduce urban water pollution • To minimize impacts of droughts in the Semi-Arid Region • To work on conflicts among different users

18. ORGANIZATIONAL STRUCTURE

19. AGÊNCIA NACIONAL DE ÁGUAS • Institutional challenges • River basin considered as a territorial planning and management unity: river basinsxstates • Harmonization of technical management instruments • Building the states water management systems capacity • Implementation of shared, participative and descentralized water management • Installation and operation of Management Boards (Councils, RiverBasin Committees and Associations of Water Users) • Implementation of River Basin Agencies and water charges

20. AGÊNCIA NACIONAL DE ÁGUAS • STRATEGIES • Pro-active and structural approach to implement the National Water Resources Management System and the management instruments • Inductive approach: programs and projects for conservation, preservation, recuperation and the rational use of water resources

21. Strategies: Brazilian Water Resources Management System Structuration upon two basic axis: 1– Considering the river basinAgreement for the implementation of integrated river basin management Instrument:Integration Agreement ANA, River Basin Committees and States

22. Strategies: Brazilian Water Resources Management System Integration Agreement Working plan targets: • Creation and strengthening of decentralized institutions (Committees and River Basin Agencies); • Institutional integration (agreements and contracts aiming to harmonize criterias and procedures for integrated river basin management); • Integration of technical management instruments.

23. Strategies: Brazilian Water Resources Management System 2 – Suport States in the implementation of Water Resources Management Systems Cooperation Agreement Specific work plan to each State

24. Strategies: Brazilian Water Resources Management System Cooperation Agreement Work plan targets: • Strengthening of states management institutions; • Implementation of management instruments; • Suport implementation of techical background; • Undertake specific studies and projects; • Suport the building of State Water Resources Management Systems

25. How the System Works

26. Strategies: Programs and projects for conservation, preservation, recuperation and the rational use of water resources

27. River Basin Committees

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