MSc.Marielena Lucen

1. Environmental Flows elements to support water legislation: policy implications and institutional arrangements in the Water Legislation of Peru MSc.MarielenaLucen

2. INTRODUCTION:E-flows The E-Flows is the amount of water to: • Achieve fair water distribution between people and environment • Guarantee the continuity of goods and services provided by the river for present and future generations • Protect the environment against degradation The E-flows implementation process is challenging because: • Their operationalization in daily management is difficult to achieve • Time frame between 10-15 years • Key elements beyond physical conditions are required Iquitos-Peru

3. INTRODUCTION Atlantic Basin Total Users :31% Water Avb:97% Uses: Fishing, Transport, Ecosystem, Hydropower • Reason to shift into a sustainable management approach were : • Inequity in water distribution • Peru water legislation was enforced in 2010 and establishes that a E-flows implementation is expected by 2020 • Lessons learnt from South Africa Water Act (1998) and its implementation process as well as other countries experience regarding E-flows were used. Titicaca Basin Total Users :3% Water Avb:1% Uses: Transport, Mining, Agriculture Pacific Basin Total Users :66%. Water Avb:2% Uses: Agriculture, Mining, Industry, Hydropower

4. To evaluate the principles, instruments and institutional arrangements that the new water legislation of Peru provides to support the environmental flows implementation. RESEARCH QUESTIONS What are the legal provision in countries with experience in environmental flow implementation? Which are the lessons learnt from South Africa Water Act and other countries experience? OBJECTIVE • What are the instruments and institutional arrangements for E-flows in Peru's water legislation? How the Peruvian water legislation support the environmental flows implementation? • What can be recommended to improve the feasibility of E-flows implementation in Peru?

5. Literature Review Conceptual Framework SA Water Act of 1998 PE National Water legislation of 2009-2010 Other countries experience in E-flows Context Implementation Analyze the principles, instruments and set ups propose in the Peru water legislation to implement environmental flows. Identification of the lessons learnt from the SA and the World Bank report and other literature Summary • Draw up of the conclusions and recommendations regarding the effectiveness of the principles, instruments and institutional arrangement to enforce the environmental flows according to the Peru water legislation DESIGN OF RESEARCH

6. PRINCIPLES Peru water legislation is based on 4 principles that support the E-flows: Principle of sustainability, principle of efficient water use, principle of protection of the water resources Environmental Flow Definition in the legislation The environmental flows are defined: “As the volume of water that have to be maintain in water course to protect or conserve water ecosystems, landscape aesthetics and other aspects of scientific and cultural interest”. PERU WATER LEGISLATION Gocta - Peru

7. INSTRUMENTS • Water Uses • 3 types of Uses: Primary (priority over any other use and first in use in scarcity period), Domestic and Productive (Agriculture, Hydropower, Industry, Health, Mining, Tourist, Transport) • Considerations for issue licenses • Requirement of a hydrological study to demonstrate : • “Enough water availability to guaranty the environmental flows, the conditions to assure storage capacity and transport conditions, according to its hydrological cycle”. • Protection of water resources by means of ecosystem conservation :E-flows • The environmental flows must remain permanently in the water course • Actions to control water quality are mentioned but there is no definition about monitoring programs or how to arrange them Cerro de Pasco-Peru

8. Institutions involved in the Environmental flows Ministry of Environment • Ministry of Agriculture National Water Authority Environmental Flows • Water Charges • Generally define as a requirement to a obligation to contribute to achieve sustainability. • Water Management and Planning strategy: • The National Policy and Strategy of Water Resources includes: • Activities, guidelines and principles • Time Frame of 10 years (2010-2020) divided in 3 phases (2009-2010; 2011-2016; 2016-2020) • The National Water Resources Plan

9. National Water Resources Management System Board of Directors Headship • Water Management Authority (AAA) (14) Basin Council (BC) Local Water Authority (73) Water Users Organization (WUO) INSTITUTIONAL ARREGEMENT Ministry of Agriculture National Water Authority (ANA) (1) accountability accountability Accountability, participation platform accountability Participation and representation

10. FINDINGS

11. FINDINGS

12. Lessons learnt from the literature and South Africa Water Act The principles of efficiency and sustainability are seems to be a worldwide consensus to include them in the water legislation • Environment as a legitimate user and minimum level of ecosystem health • The National Monitoring and Information System / Monitoring Provisions Pilot basin implementation Include different actors in the environmental flows assessment Promotion of the environmental flows benefits in the participation process Institutional Arrangement for the environmental flows Amazon-Peru

13. CONCLUSIONS Peruvian water legislation link the E-flows to the aquatic requirements without link them with the people welfare. • The Peru water legislation does not provide enough details on how E-flows should be assessed and monitored in practice The Peruvian institutional setup for the water management and consequently the E-flow implementation will be managed by Ministry of Agriculture which can hinder the implementation of the environmental flows in the future due to the confluence of political interest. The new water management setup requires establishment of many new administrative body, however their roles and responsibilities are not clearly defined, and it is not clear how the coordination among them will be organized. Political and economic interest in the selection of the E-flows assessment. Amazon River-Peru

14. CONCLUSIONS The Peru water legislation provides a time frame of 10 years to achieve enforcement of the environmental flows which is reasonable given the complexity of the process. • The Peru water legislation proposes a pilot basin to learn by doing although the basin chosen are already over-allocated and overused; this can hinder the application of E-flows. The Peru water legislation does not envisage a participation procedure that brings to the spotlight the benefits provided by environmental flows enforcement. The E-flows implementation show mixed results in different context. The implementation process is a long term effort that depends on the existing capacities and need to be carefully design to clearly link the E-flows benefits with people welfare. Amazon River-Peru

15. RECOMENDATIONS • Link the E-flows with human requirements not only aquatic requirements • Design of environmental flows monitoring programs • Clear division of roles and responsibilities of all the organizations involved • Include an oversight authority in the selection of the environmental flows methodology • The pilot basins should range between non-over allocated and over allocated basins • Inclusion of participation procedures to promote E-flows Cuzco-Peru

16. THANK YOU