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The Water Sector Policy and Legal Framework in the Indo-Gangetic Basin


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Presented at the 2nd Phase Planning and Review Workshop of the Indo-Ganges Basin Focal Project, 24-25 February, 2009, Haryana, India

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The Water Sector Policy and Legal Framework in the Indo-Gangetic Basin

  1. 1. The Water Sector Policy and Legal Framework in the Indo-Gangetic Basin Trends, their drivers and implications Work In Progress Aditi Mukherji & Sanjiv de Silva
  2. 2. Components of Water Governance Institutional Environment Institutional Arrangements e.g. Water markets WUAs Water Right
  3. 3. Why are we doing this study? • South Asian countries are known for their limited state capacity and a huge mismatch between state’s ambitions and capabilities • Society is in many ways powerful than the state • Laws are most often statement of intent and most often not even that!
  4. 4. Then what’s the point? • States will willy nilly play an important role in NRM, either by its presence or its absence and can not be wished away • Laws sometimes are good at frustrating efforts (nuisance value) : Forest laws • Lessons for these countries and other countries (Central Asia, Africa) where resources are still in development mode
  5. 5. META OBJECTIVES • What is it that states respond to when they legislate on water? – Felt need of stakeholders – Protect their own investments, monopoly interests and state patronage – Response to fiscal/legal/agro-ecological emergencies – Interest of fringe stakeholders, e.g environmental lobbies, international community • What triggers a water legislation?
  6. 6. Questions we asked -1 • How has legal regulatory framework in IGB changed over time? Temporal analysis – Number of legal instruments (LI) over the years – Primary focus of the LI (e.g. I&D, GW, DW, pollution control, flood control, setting up of water administration, IWRM etc.) – Orientation of the LI (development vs. management vs. governance) – Has water administration kept pace with evolving water laws?
  7. 7. Questions we asked -2 • Do the laws reflect agro-ecological realities? Spatial analysis – Floods vs. droughts – Over-exploitation of GW vs. under utilization • Are water laws mere intent of purpose or do they have any real impact on the ground?
  8. 8. Methodology (1) Collection of legal instruments (May not have been comprehensive) Development of framework for comparison of instruments and analysis – Identification of: • Key sectoral focus • Orientation - development/management/governance (SUBJECTIVE BIAS) • Sectoral priorities for water allocation Development of a coding scheme Entering of provisions (actual text) of each instrument into the framework, with reference (e.g. “Establishment of Central Water Board”, Article 2) Quantification of provisions under each section of the framework Agro-ecological parameters, water sector investments, national and federal politics and developments in international water discourse
  9. 9. Orientation of Water Sector Legal Instruments between Water Resource Development, Management & Governance in the IGB Definitions (Subject to interpretation) Water resource Water resource Water resource governance development management An orientation Recognition of the need Expansion of rules and institutional towards increasing to regulate exploitation structures from resource regulation resource and establishment of to also address social issues. E.g. exploitation. E.g. rules and institutions for decentralization & participation in expanding irrigation this purpose. planning; equitable access amongst and hydropower Laws to promote and different sectors and marginalised generation. regulate groups; adoption of integrated Laws to manage resource planning approaches. Public Production
  10. 10. • Methodology • Panel data strategy, 4 countries, 50-60 years • Different agro-ecologies • Different levels of water resource development • Different strategies of WR development • Political differences, federal systems • Dependence on foreign aid • Regional powerplays • All these offers scope for rich analysis of how these differences lead to difference in legislation processes
  11. 11. Sample size Total LI: 98 Earliest LI in the sample: Canal & Drainage Act, 1873, India
  12. 12. Temporal Trends
  13. 13. Most irrigation investments in 1960s to 1980s, and laws in 1990s and 2000? WHY?
  14. 14. Orientation of Water Sector Legal Instruments between Water Resource Development, Management & Governance in the IGB
  15. 15. Focus of Water Sector Legal Instruments in the IGB (By Decade) GW India 30 28 26 24 22 Instruments 20 Irrigation & IWRM India 18 Drainage Pakistan 16 14 12 10 Water Quality 8 India 6 4 2 0 1900 to 1910 to 1920 to 1930 to 1940 to 1950 to 1960 to 1970 to 1980 to 1990 to 2000 to 1909 1919 1929 1939 1949 1959 1969 1979 1989 1999 2009 Decade Irrigation & Drainage Bangladesh Irrigation & Drainage India Irrigation & Drainage Nepal Irrigation & Drainage Pakistan Hydropower Bangladesh Hydropower India Hydropower Nepal Hydropower Pakistan Watershed Mgt Bangladesh Watershed Mgt India Watershed Mgt Nepal Watershed Mgt Pakistan Environmental Mgt Bangladesh Environmental Mgt India Environmental Mgt Nepal Environmental Mgt Pakistan Flood Mgt Bangladesh Flood Mgt India Flood Mgt Nepal Flood Mgt Pakistan Water Quality Bangladesh Water Quality India Water Quality Nepal Water Quality Pakistan Drinking water supply Bangladesh Drinking water supply India Drinking water supply Nepal Drinking water supply Pakistan Municipal Water Bangladesh Municipal Water India Municipal Water Nepal Municipal Water Pakistan Water Use Efficiency Bangladesh Water Use Efficiency India Water Use Efficiency Nepal Water Use Efficiency Pakistan IWRM Bangladesh IWRM India IWRM Nepal IWRM Pakistan Dispute Resolution Bangladesh Dispute Resolution India Dispute Resolution Nepal Dispute Resolution Pakistan Groundwater Bangladesh Groundwater India Groundwater Nepal Groundwater Pakistan Cost Recovery Bangladesh Cost Recovery India Cost Recovery Nepal Cost Recovery Pakistan
  16. 16. Water Sector Legal Instruments in the IGB Countries (By Primary Focus) I&D dominant in BD over last 50 12 2000 to 2009 years & in PK in 1990s 11 IWRM emerging in GW a key 1990 to 1999 2000s across IGB 10 priority for India in 1990s 9 1980 to 1989 8 1970 to 1979 7 Instruments Expansion from I&D to IWRM in 6 1960 to 1969 BD in last 20 yrs 5 1950 to 1959 4 1940 to 1949 3 2 1930 to 1939 1 1920 to 1929 0 Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Pakistan Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal Nepal India India India India India India India India India India India India India Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh Bangladesh 1910 to 1919 1900 to 1909 Irrigation Hydropow er atershed W Environmental Flood Mgt Water Drinking Municipal Water Use IWRM Dispute Groundw ater Cost & Mgt Mgt Quality w ater Water Ef f iciency Resolution Recovery Drainage supply Primary Focus
  17. 17. Groundwater laws Why a plethora of GW laws in 1990s and 2000s? Entirely private investments Some speculative hypothesis 1.In response to public hue and cry over GW? 2.Almost no state intervention and the state is trying to get a handle to control? 3.States need to be seen to do something?
  18. 18. Emergence of Groundwater Policy & Legislation in the IGB (Primary, Substantial & Minor) Country Primary Focus Substantial Focus Minor Focus Total Nepal 0 2 0 2 Bangladesh 1 2 2 5 Pakistan 0 3 3 6 India 8 7 5 20
  19. 19. Groundwater in India Groundwater Instruments P = Primary; S = Substantial; M = Minor Union State Model Groundwater Bill 1992 (P) West Bengal Ground Water Resources (Management, Control of Over Exploitation and Regulation) Act, 2005 (P) Model Groundwater Bill 1996 (P) Bihar Groundwater (Regulation & Control of Development and Management) Act, 2006 (P) Model Groundwater Bill 2005 (P) Himachal Pradesh Groundwater Act 2005 (P) Ministry of Environment and Forest Notification on Central Himachal Pradesh Ground Water (Regulation and Control of Groundwater Authority, 1997 (P) Development and Management) Rules, 2006 (P) National Water Policy 2002 (S) Uttar Pradesh State Water Policy, 1999 (S) Draft State Water Policy 2008 (S) Rajasthan State Water Policy, 1999 (S) Guidelines on Swajaldhara 2002 (M) Orissa State Water Policy, 2007 (S) Order (S.O. 583(E)) relating to Water Quality Assessment Himachal Pradesh State Water Policy, 2008 Authority, 2001 (M) Uniform Protocol on Water Quality Monitoring Order Draft Rajasthan State Water Policy, 2008 (S) (S.O.2151), 2005 (M) Delhi Water Board Act (M) Uttar Pradesh Water Management and Regulatory Commission Bill, 2008 (M)
  20. 20. Groundwater in India Findings to date: Little change can be observed between the three Model Groundwater Bills which span a period of 13 years. The three significant additions to the 2005 version are: a focus on securing groundwater for drinking the requirement for the Central GW Authority to maintain a GW database promotion of rainwater harvesting in both urban and rural areas The four primary State-level instruments bear close resemblance to the 2005 Bill in terms of content and language (almost identical in the Bihar Act). Next Steps: Compare standardised approach to GW management amongst States with ground-level GW context of each State. Speculate further on why?
  21. 21. Decentralisation
  22. 22. Decentralisation in the Water and Related Sectors in Nepal - A timeline Decentralisation in water sector remains 1992: Water Establishes WUAs - Focus on post-project O&M - No clear role during project planning & implementation Resources Act - No recognition for capacity development to support effective O&M behind overall decentralisation 1999: Local Self- • Institutional structures for devolving governance functions to District and sub-district levels: 1) District Governance Act Council (DC); 2) District Development Committee (DDC); 3) Village Council (VC); 4) Village Development Council (VDC); 5) Ward Committees (WC) & 6) Consumer Committees (CC) • Focal areas include drinking water supply, irrigation, river control, soil erosion, electricity generation & distribution and developing annual development plans. • Membership becomes progressively inclusive from Daces to CCs with provisions for women and marginalised group representation. • Broad scope over local development creating possibility of integrated resource management 2000: Irrigation • To implement the 1992 WRA – 8 years to move from principal enactment to regulations. Regulations • WUA functions - primarily O&M incl. managing equitable water distribution between farmers. • Requirement that WUAs pay 0.2% of project costs to D/Irrigation for O&M to = “Public Participation” • Establishes Monitoring Committee in D/Irrigation - functioning of WUAs, condition of structures • Links to institutions established under Local Self-Government Act unclear. 2002: National • Calls for IWRM… but at District level Water Plan • Restructuring District Water Resources Committees (DWRCs) and District Water Assemblies (DWAs) towards IWRM. DWAs to be the apex body for IWRM in District • Calls for creation of and Sub-basin Committees to implement IWRM. Membership to include Water User Groups (WUGs), other users groups, NGOs, CBOs, women’s & minority groups. 2003: National • Transfer of O&M to WUAs Irrigation Policy • Establishes an Emergency Maintenance Fund to which WUAs to contribute 80% of revenue, but Fund controlled by D/Irrigation. WUA can retain remaining 20% for running expenses re. O&M • Approach to WUAs appears to remain confined to irrigation sector whilst parallel District system moving towards integrated management & inclusive processes
  23. 23. Remaining work We are yet to answer most of the questions we posed 1. Why are laws legislated as they are and when they are? 2. How do the laws relate to larger agro-ecologies, larger political economy, international discourse etc. 2a. Analysis of flood vs. drought provisions (Bangladesh vs. Pakistan) 2b. Provisions on IWRM and international discourse Help needed 1.Have we left out important laws that we need to include? 2.Can you help us with speculation? 3.Contact experts for backgrounds on laws? 4.Theoretical framework we may find useful?