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The need for Integrated legislation of groundwater;
Components of legislation; Institutional arrangements for IGW
management
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
ExistingUser
Developer
Groundwater depletion ?
Groundwater table
Water Policy
Water Act
Regulations
Inter Ministerial Committee (IMC)
Stakeholders
Water Info. & Planning
GOVERNMENT
RBC
Water Police
Case 1: Addressing Groundwater conflict
Parliament
Water PoliceRBC
Water Info. & Planning
Stakeholders
Regulations
Water Policy
Water Act Inter Ministerial Committee (IMC)
GOVERNMENT
Parliament
Permit
CASE 2: ADDRESSING WATER POLLUTION
Water PoliceRBC
Water Info. & Planning
Stakeholders
Regulations
Water Policy
Water Act Inter Ministerial Committee (IMC)
GOVERNMENT
Parliament
Permit
CASE 3: ADDRESSING UPSTREAM-DOWNSTREAM CONFLICT
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.
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)
Basic legislation Restricted to fundamental powers and concepts. A more unified vision of surface water and groundwater resources.
Specific legislativeassociated with details and provisions in different administrative areas and at different territorial levels
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
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
ADMINISTRATIVE SET-UP
• National authority or inter-ministerial coordinating commission
• Provincial and/or basin agencies
•procedures for interaction with local authorities
• aquifer management organizations• water-user associations• licensing of water-well drillers
STRATEGIC PLANNING
•provision for aquifer resource/ vulnerability assessment
•design and implementation of national/ regional/ basin groundwater policies
•definition of protection (conservation or control) area policy
•mandate for drought or emergency actions
•status of groundwater plans and use priorities
LAND-USE MANAGEMENT
•procedures for groundwater protection zones
•provisions for aquifer recharge area conservation
REGULATION OF WATER USERS
•administration of abstraction/use rights•administration of wastewater discharge permits
•promotion of user/stakeholders/ associations
•appeal and sanction procedures
(National Level) (Lowest appropriate Level)
Public Administration in Groundwater & Specific Legal Provisions
Regulation level
Implications Limitations
1. Minimal legal control
No control over groundwater abstraction or wastewater discharge
Reduction in natural discharge and/or progressive salinisation and pollution
2. Local customary rules
Groundwater rights defined at local level: mechanisms for local conflict resolution
Control limited and do not take account for status of (and impact on) aquifer system, downstream users or groundwater quality issues
3. Specific groundwater legislation
Well construction and groundwater abstraction controlled, but often by specialist institution in limited contact with those regulating surface water
May result in lack of consideration of groundwater-dependant river baseflows and wetlands; unlikely to much emphasis on groundwater quality protection
Regulation level
Implications Limitations
4. Comprehensive Water Resources Legislation
Surface and groundwater resources subject to the same legislation and inter-dependence fully recognised; both administered by the same institution but quality aspects often under separate agency
Much improved capability of water resources management but catchment vision and pollution control may still not be taken into account and their proactive support unlikely to be achieved
5. Fully-Integrated water resources legislation
Catchment or aquifer approach with quantity and quality aspects integrated; more emphasis put on public awareness and water user/ stakeholder participation (international nature of some aquifers and river basin recognised)
Give best chance of implementing a balanced and effective regulatory policy
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.
Inadequate groundwater management boundaries,
Weak regulatory enforcement, lack of social consensus, poor inter-institutional coordination
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.
Roles of key institutions - policy, regulation management
Policy Development & National Strategy
National Council on Water Resources(advisory)
Basin Strategy & Regulation of Water Abstraction and Waste Water Discharge
Management and Service Delivery
Irrigation Management AuthoritiesCommercial irrigation, Water Users Associations
Water Supply BoardsLocal Government Councils
Federal Ministry of Agriculture and Water Resources
8 River Basin Management Commissions
Regulation of Dam Safety Independent Inspectorate of Dam Safety
•
•
Roles of key institutions - development
Development of Capital Projects –depends on size and sector
Federal Ministries
Community based organisations
State MinistriesWater UtilitiesPrivate Sector
Irrigation Management Authorities
Local Government
Figure 2.3: Institutional arrangement for performing the water resources management functions
CENTRAL GOVERNMENT
DECENTRALISED ORGANISATION
FUNCTIONS
OUTPUT
Ministry of Water
Other Ministries
River Basin Organisation
Other regional authorities
Water resources management functions
Environmental, land and infrastructure management functions
Status of water resources
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
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?
a. Which institutions are empowered by law to manage groundwater?
b. Is groundwater use and development covered by specific laws?◦ If yes, specify nature of laws
c. Are these laws effectively enforced?d. 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?
e. 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?
f. In your perception what are the capacity building needs?
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