6. Water Resources Planning and Water Law

1. 6. Water Resources Planning and Water Law • Rationale of planning • Water resources: will become insufficient in both quantity and quality if modern planning processes and rational management are not introduced=> which should be integrated • Measures: =>policy and strategy • Technical: incl. hydraulic works • Economic: water pricing and economic incentives • Institutional: enactment of water legislation, definition of institutions to the management of water resources

2. Water legislation: two forms=> (i) basic law that defines the principles of the policy of water resources management; (ii) regulation which takes care of the detailed aspects; • Definition of appropriate institutional framework is crucial; coordination of the roles of the different agencies concerned with water resources; • Policy selection should be based on alternative scenarios relating to future conditions: economic and social development, technological progress, standard of living, water users and managers behaviours and public policies

3. Objective of the water resources plan • respect hydrological equilibrium between water availability and demand • ensure that water’s relative scarcity will not delay optimal development of other natural resources • establish rational, equitable and justified water distribution • establish long term water resources management: future demand=>population growth • ensure defense to harmful effects of water • water quality control • establish flexible priorities for all water use in the future

4. Types and characteristics of plans • National: will cover formulation, implementation and control of strategies/criteria to water resource assessment and prevention of conflicts among water users; • Regional: within the framework of the river basin • Local: within sectorial investment programs • Sectorial: in a particular water utilization • Multi-sectorial: in all sectors concerned • Integrated: includes all water uses

5. long-term: from 25-50 years plan; long-term objectives; decision-making • medium-term: seven – 25 years plan; define dev. Of water mgt. policy in greater detail • short-term: 4-7 years plan; aims at detailing and implementing medium-term planning goals • international planning: in international basin boundaries; e.g. Mekong

6. Common characteristics to water plans: • must take place within the framework of a continued and permanent planning process: i.e. flexible and dynamic • a need for a single authority to regulate water uses to avoid conflicts • interdependence with other resources

7. Relationship between water planning and economic and social sectors • National water resources plan is not itself an OBJECTIVE; a part of the system of ECONOMIC and SOCIAL development planning at the national level • Cross-planning in necessary to coordinate overlapping with sectorial and regional planning

8. Basic considerations in water resources planning (WRP) • interdependence both quantity and quality at different forms and uses: insinuates that river basin as a basic unit of WRP. • possible irregularity of the available water resources; also geographical distribution • rivers are both sources of water supply and natural collectors of polluted waters • differentiate between consumptive and non-consumptive water use; quantity&quality simultaneously or independently • minimize any harmful economic, social and environmental impact of hydraulic works

9. Relevant administrative and institutional issues • Administrative and institutional issues: • Policy and objectives • Authority and responsibility • Coordination issue • Continuity issue • Centralization,decentralization and deconcentration: define • Administrative unity • Location of the water functions • Upward-downward planning procedure: define

10. Other factors contributing to a better administration and planning of water resources • Institutional aspects: critical and comparative descriptive analysis of the water resources administration=> the competent bodies,functions,political-admin situation, institutional structure, inter institutional relations, effectiveness in attaining objectives, admin conflicts, overlapping functions etc • Legal aspects: • Need for research: develop research programmes in all economic sectors • Cooperation: • Personnel needs: interdisciplinary group of diff specialists

11. 7. National Water Resources Administration • Water resources administration: any form of institution or organization responsible for the management of water resources whose purpose is to ENSURE the successful implementation of water resources policy and achieve it to the most economic/social/rational way • Different types of water administration • Institutions acc. to their Powers: political, executive, technical, judicial powers • Functions: inventory, research, policy formulation, coordination, admin. of water rights, WRP, WRD, operation etc.

12. Uses: e.g. water supply, sewerage, etc. • Jurisdiction: e.g. national, river basin, etc. • Legal regime: government, private etc. • Special water development agencies: autonomous • Water user’s associations

13. Major issues of water resources administration • Need for coordination: plurality on institutions=>often coordination is lacking • Development and conservation of water resources require a unified approach to know the availability of water, existing utilizations and future demand • Water should be brought under coordinated administrative agreement which would include: a centralized water resource inventory, unit for clearing/preparing water plans, water rights administration

14. The question of centralization, decentralization and deconcentration of water administration • Centralization: centralized administration; one body to oversee admin. • Deconcentration: deregulation of powers in the same institution • Decentralization: develolution of powers; e.g. national to local; to other institution • Water rights administration • The need for a water resources ‘regulatory’ institution • The role of water law in institution building: should address the above issues because it capable of doing so.

15. A possible institutional solution • To secure efficient management and control of water resources: establish coordination among ministries, departments, and agencies responsible for sectorial water resources management: should not be only institutionalized but made obligatory and must operate at all levels of government administration: national, regional, basin, local and international