Groundwater Legislation and Regulation

1. Groundwater Legislation and Regulation Facilitated by Dr. Martin O. Eduvie National Water resources Institute kaduna Nigeria

2. Learning Objectives • The need for Integrated legislation of groundwater; • Components of legislation; • Institutional arrangements for IGW management

3. Why legislation of GW Groundwater legislation is required to: • Regulate groundwater development • Constrain activities that might compromise groundwater availability and quality • Address increasing competition and conflict between groundwater users, and • Address increasing threat of groundwater pollution

4. GOVERNMENT Water Police Existing User Water Policy Water Act Inter Ministerial Committee (IMC) Parliament Regulations Stakeholders RBC Water Info. & Planning Developer Groundwater table Case 1: Addressing Groundwater conflict Groundwater depletion ?

5. GOVERNMENT Water Policy Water Act Inter Ministerial Committee (IMC) Parliament Permit Water Police RBC Water Info. & Planning Regulations Stakeholders CASE 2: ADDRESSING WATER POLLUTION

6. GOVERNMENT Water Policy Water Act Inter Ministerial Committee (IMC) Parliament Permit Water Police RBC Water Info. & Planning Regulations Stakeholders CASE 3: ADDRESSING UPSTREAM-DOWNSTREAM CONFLICT

7. Integrated legislation Concerned with: • guidelines for, and limitations to the exercise of public powers • provision for the quantification, planning, allocation and conservation of groundwater resources, including water abstraction and use rights • a system of wastewater discharge licenses, helping to protect groundwater against pollution • definition of the rights and duties of groundwater users • protection of users rights, of the rights of third parties and of the environment • requirements for the registration and qualification of well drillers • possible administrative intervention in critical situations (aquifer depletion or pollution) • provision for cooperative interaction between water administrators and water users.

8. Basic Legal Concepts • Legislation (written law) encompasses: • The fundamental law or constitution of a country • Laws enacted by a legislative body (parliament, national assembly) • Subsidiary legislation (degree or instruments adopted by the government executive)

9. Components of legislation • Basic legislation Restricted to fundamental powers and concepts. A more unified vision of surface water and groundwater resources. • Specific legislative associated with details and provisions in different administrative areas and at different territorial levels

10. Comparison legislation and regulation • Legislation: • Formal procedure • Parliamentary control • Central level • Guidance character • Dealing with competencies • Establishing rights and duties • Promulgation • Regulation • Less formal procedure • Multi-tiered or decentralized • Implementation or operational character • Publication Jaspers, 2006

11. Specific legislative provision • Groundwater Abstraction and Use Rights • Wastewater Discharge Licensing • Sanctions for Non-Compliance • Controlling Well Construction Activities • Catchment or Aquifer Level Resource Planning • Conjunctive Use of Groundwater and Surface Water • Land Surface Zoning for Groundwater Conservation and Protection • Facilitating Water-User and Stakeholder Participation • Provisions for Groundwater Monitoring In general terms, It must be flexible, enabling and enforceable

12. Public Administration in Groundwater & Specific Legal Provisions (National Level) (Lowest appropriate Level)

13. Levels of groundwater resources legislation

14. Levels of groundwater resources legislation

15. Requirements for Implementation of Fully-Integrated water resources legislation • the administrative set-up and the level of training of water administrators • a clear understanding of the institutional roles and functions at all relevant levels • an adequate level of public awareness and acceptance of legal provisions • political willingness to promote and attain sustainable groundwater management.

16. Institutional Challenges • Inadequate groundwater management boundaries, • Weak regulatory enforcement, • lack of social consensus, • poor inter-institutional coordination

17. Institutional arrangements for GW management Implementation of groundwater legislation requires: • An administrative set-up and the level of training of water administrators • a clear understanding of the institutional roles and functions at all relevant levels • an adequate level of public awareness and acceptance of legal provisions • political willingness to promote and attain sustainable groundwater management.

20. Institutional arrangements for GW management The essential role for government agency in the management process GWMate, 2006

21. Cap-Net, 2008

22. Institutional arrangements for IWRM at River Basin Level Cap-Net, 2008

23. ExerciseDuration: 45 minutes Purpose • To share experience on groundwater legal & regulatory systems • To recommend appropriate allocation system Activity: break into two groups and discuss: • 1. Describe how to implement a groundwater allocation system and the mechanism of enforcement • 2.Discuss the groundwater legislation in your countries: • Give an example of effective regulation of groundwater • Is groundwater legislation, separate from water resources legislation or combined • What legislation or regulation are missing

24. Exercise cont. (Groundwater protection) • 1.Is there legislation to protect groundwater from pollution / overuse? • 2.Is the legislation adequate? • 3.Who is responsible for policing this legislation? • 4.Do they have sufficient capacity? What are the main constraints?

25. Legal Status – Exercise cont. • Which institutions are empowered by law to manage groundwater? • Is groundwater use and development covered by specific laws? • If yes, specify nature of laws • Are these laws effectively enforced? • At what level are users I developers required to seek permits from the relevant authorities? Are such procedures enforced? Are they accessible and readily available? • Public I Private water. What is the breakdown between public and private groundwater? What are the capacity constraints for improving I increasing / conserving (depending on resource constraints) the use of private water? • In your perception what are the capacity building needs?

26. Appreciation • Thank You