*" "Water is everybody's business. Water Governance: Water Law and Enforcement :

*Outline II.Elements of good (ground) water governance I.IWRM and water governance IV.The Water Law (33/ 2002)III. Why do we need a (ground) water lawV. Status on enforcement

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*What do we need a groundwater law for? What can the groundwater law do?

To implement the water policy.To establish mechanism to regulate access to (and abstractions from) ground waterEstablish a permit system for exploration and abstraction (to keep track of abstractions, secure and protect the water rights, regulate access to the resource,..) Set rules for well construction (design specifications, public health issues, ,.)Recognize and register existing uses, wells & rightsSet in place economic instruments and principles such as water charges, cost recovery, user pays principle,..Regulate drilling profession (licenses) for benefit of resource protectionSet specifications and standards for various aspects of groundwater development and use: quality, well-drilling, water-use, etc..To promote water use efficiency (thru allocation priorities, incentives) To promote recycling/ reuse of wastewater, disclamation and other non-conventional sources

*To promote appropriate economic instruments e.g., financial incentives To mandate metering of abstractions To provide for enforcementTo enable/ regulate artificial recharge For pollution controlFor EIA enforcementTo introduce planning procedures and coordination mechanismsEstablish protected areas around groundwater well-fields/certain aquifersTo provide for control of land useTo set institutional arrangement for planning and management assign responsibilities (lead planning institution, guiding principles such as demand management, public participation, .)Set fines and penalties for violations which cause damage to the resources What do we need a groundwater law for? What can the groundwater law do?

*Requirements for successful Implementation of LawLegislation should beFlexible enough and enablingSimpleImplementable and enforceableAcceptable to users and stakeholdersSimple institutional arrangements for implementation

*Institutional DimensionNational level: WR Ministry or Authority Coordination mechanism (Council, Committee, Commission)Intermediate level (regional, basin, etc.)Groundwater Management Committees depending on aquifer sizeLocal AuthoritiesWUG/ WUAs

Requirements for successful Implementation of Law

*International LevelCooperate inGroundwater monitoring (joint or coordinated programmes)Data sharing (common databases)Development of management strategiesAquifer planning (development and protection)Harmonization of national legislation: Common principles.Consultation on planned measures: prior notificationPossibly: a joint institution for resource management.

Requirements for successful Implementation of Law

*Only 2 out of 10 best practice groundwater governance elements exist, the remaining ones are being pursed to differing degrees.Elements of Good (Ground) Water Governance

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*A Partnership Approach to Sustainable Groundwater Management in Yemen Ministry of Water and Environment, Yemen 4WWF Mexico, March 2006

*Structure of the presentationGroundwater challenges in YemenRecent reforms in the overall water sectorGroundwater legislation and enforcement measuresUse of economic incentives & cost-sharing measures for sustainable groundwater management Stakeholder participation and capacity-building in groundwater management

*Water Resources Challenges in YemenMost water constrained country in the world: 120m3/capita/year, 10% of regional average and 2% of global averageOver-exploitation of GW (Water tables drop up to 8 meters/year in some areas)Low irrigation water use efficiency (around 20-40%)Institutional and implementation capacity challenges for groundwater management

*Recent reforms in the water sectorCreation in 1995 of a single water resource agency: NWRACreation in 2003 of a new Ministry of Water and Environment Approval by Parliament of a Water Law in 2002Restructuring of the urban water supply sector and tariff reformsAdoption of a National Water Sector Strategy and Investment Program (NWSSIP) in 2004

*Groundwater legislation and enforcement measures

Enforcement of a licensing system for drilling contractors (DCs)

Enforcement of a well permits system (WPs)

*Enforcement of a licensing system for drilling contractors Completed in 2004 an inventory of all DCs in the country (381 DCs who operate 656 rigs), electronic Db.Enforced a No government contract for unlicensed DCsBy Feb. 2006 >90 rigs have been granted drilling licenses.More and more licensed DCs are refusing to take jobs unless the owner has a well permitIntroduction of a Performance Bond system for rigs (up to $5000 for rotary rigs, about 1000 for cable tool)

*Inventory of well drilling contractors in each governorate

*Enforcement of a licensing system for DCsProcurement of GPS instruments to fix on drilling rigs to monitor location in the fieldData on drilling operations sent to Taxation Department to encourage farmers to share wellsStronger partnerships with local authorities to control illegal well drillingNewspaper announcement of violators, including location/ governorate where violation is cited.Number of cited violations has increased from 61 violations in 2003 to 155 in 2004 and 571 in 2005Establishment of more NWRA branches to enforce DC licensing and WP systemsOperations room to receive calls from public on violations (31 reports in 2005).Special Parks for drilling rigs (under preparation for Sanaa Basin) . For control of movement. Agreement with Attorney General for special legal powers to selected NWRA staff to write citations and have legal weight (20 staff in several branches)

*Well Permit SystemNew well permit (WP) system with water meter to monitor pumped quantity & WP bondNo more individual WPs (only Group Permits for users)> 800 applicants for WPs in 2005. About 500 granted.

*Use of economic incentives & cost-sharing measuresIntroduction and expansion of piped water delivery and localized irrigation system on a cost- sharing mechanismReduction of diesel fuel subsidy

*

The Land and Water Conservation Project (LWCP)Introduction of technical improvements package to reduce irrigation water use (piped water distribution and localized irrigation systems (dripper, bubbler, etc.)Cost sharing basis (30-50 % from farmers and the balance from the government)Farmer contributions were required up-front, with a credit facility available Decentralized implementation structures through governorate agriculture offices

*The LWCP: achievementsReduction in irrigation water use estimated at 20-35% through pipe delivery and localized irrigation systems Water savings estimated at around 20 million m3 a year (around 10,000 ha)Farmer incomes improved through reduction in labor and fuel costs and increased agriculture productivityCreation of a revolving fund of about $2 million to continue financing the programScaling up through follow-on projects: Sanaa Basin and GSCP Projects

*Reduction of diesel fuel subsidyIn July 2005, diesel fuel prices were doubled (from 17 to 35 YR/litre) to bring them closer to import parityIncreased number of applicants for the cost sharing program Expanding the improved irrigation area with own meansEncouragement for higher value crop cultivation per drop of water

*Stakeholder participation and capacity-building (Bottom-Up Approach)

Establishing Water Users Associations (in Sanaa Basin: water user groups were established for each well) Supporting community-groups for local water management (informal WUGs, local council, etc.)Information sharing on water use and aquifer conditions Establishing Water Basin Committees (Sanaa, Taiz, Saadah)Enhancing support for users through research and extension services (use of clay pot for irrigation for selected crops at national level, etc.)

*New Features in Sanaa Basin and Groundwater & Soil Conservation ProjectEncouraging community-based water management through WUAs and informal WUGsTripartite agreements between beneficiary, project and local entity (local council, WUAs, agri. cooperatives) Controlling horizontal irrigation expansion through the tripartite agreements and peer pressure Intensive monitoring and evaluation (flow meters, pressure transducer at randomly selected wells)Establishment of Irrigation Advisory Service for better O&M and agronomics and demonstration farmsMassive public awareness campaign on the benefits of common aquifer resources and efficient water use

* Thank you

*

*

* 50-800 / (2000-2004 ) (50-100 / 300 / ) 50 400

*

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0.5250375180

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-231187250

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0135

*381 drilling contractors (656 rigs/ cable tool) By Oct 2005, 48 contractors (68 rigs) have been licensed(for specific governorates) A bank guarantee system has been used to deter violations.Cited 61 violations in 2003, 155 in 2004 and 571 in 2005.

*Data, planned hydro-met. network

*Data, basin studies

*Investment ChallengesLow investmentBiased to urban, low WRM &env.Developing the private sectors roleLow service coverageDesalination (Taiz, Aden)

III. Yemens Water Challenges, Contd

*Water Expenditures affect Fiscal PositionTotal expenditure appears strongly biased towards urban areas with 55% allocated to urban water and sanitation, and benefiting around 25% of population.

*IV) The National Water Sector Strategy and Investment Program (NWSSIP) 2004-2009.

*National water sector objectives:Covering basic domestic water needsWater use by high-return sectors of the economyMaximizing return per m3 used in agricultureProtection of environment and sustainability of resource

*Main components of the National Water Sector strategy and Investment Program (NWSSIP),2005-2009 Objective: Shared outlook, road map, Yemen PRS, MDGsMethodology: Five working groups, 100 participants (stakeholders and donors)Reasons: Sustainable development, WR sustainability

*Main Components of NWSSIPIWRMUrban WSSRural WSSIrrigationEnvironment (water related issues)Action Plan (priorities)Investment program (2005-2009)

*Ownership:Partners Set the Priorities:MWE finalized setting the water sector priorities through the development of the NWSSIP in 2004The NWSSIP was prepared in a participatory approachNWSSIP was discussed in a series of sectoral workshops and a National workshop in June, 2004NWSSIP was submitted to the Cabinet for approval Donors representatives participated in the process

*Guiding PrinciplesThe ecological principle: promote integrated/ holistic approach (including environment & ww reuse) comprehensive, inter-sectoral, inter-generational...view promote sustainable agricultural practices

The institutional principle: - stakeholder participation (a basin approach that responds to users) - decentralization (accountability of Urban WSS Services to users) - greater role for private sector, NGOs and women

The instrument principle: - greater investment - greater attention to economic value of alternative uses - greater use of economic instruments (water rights, user charges)

*NWSSIPInvestment of US$1.5 billion over the five years 2005-2009 - Net financing requirement is US$577 million, of which half is for rural water.

*

*

Chart1

4720720

798380265153

48284101297

190645670

212019

Total invest req

Donor

Local

Gap

Million US$

Sheet1

Sector Donor Local Gap Available Required

WRM 47207201.352.35

UWSS 798380265153129160

RWSS 482841012971332

Irrigation 190645670813

Environment 2120190.1

Total 1538550429559

Total in % 100362836

Sheet2

Sheet3

*Implementing NWSSIPPrioritization of actionsRisk assessmentMonitoring, evaluation and periodic updating of NWSSIPDonor-government coordination mechanism

*V. Considerations for Yemens Water Strategy. Strategic focusEffectiveness of public expenditures ways to improve the relatively high public expenditures in the sector to make them more satisfactory in terms of coverage, sustainability and efficiency of service delivery

Governance issues ways to improve sectoral governance and accountability enforcement and political will.

Implementation Performance partnerships with donors and civil society, learning by doing, and through project mid-course corrections.

*REFORMSSector governance reformsWater resources management reformsWater supply and sanitation reformsReforms in agriculture and irrigationV. Considerations for Yemens Water Strategy. Strategic focus, Continued

*In conclusion, water challenges in Yemen are being addressed through key policy and institutional changes, such as: Building local consensus on how best to manage groundwater resources sustainably through a process of monitoring depletion rates, communicating the results to stakeholders, and improving irrigation efficiency;

Institutionalizing the existing (informal) usage of pricing mechanisms to set the ground rules for transferring water from rural to urban use.

* Providing water and sanitation services based on what people want and are willing to pay for;

Managing water and sanitation services at the lowest appropriate level;

Redefining the mandate of Agencies to one of regulating provider, facilitating investments and disseminating knowledge, rather than being involved in direct service provisioning. . . . . . .

*Harmonization and AlignmentCommon donor/recipient understanding, political will and local capacity building are important elements of success.

*Thank You

****The weakness in resource allocation for water is apparent: For the period 2000-2004, total expenditure appears strongly biased towards urban areas with 55% of expenditure allocated to urban water and sanitation and therefore benefiting around 25% of population. Rural water supply and sanitation receives only 19% of total expenditure. Irrigation and Spate received 24%, while water resource management gets only 3% of total expenditure (see Figure).

With growing deficits and oil revenue decreases, the government will face even more pressure. Even small declines in oil production can have large adverse impacts on government budget. *See chapter 3, pages 3, 4****See chapter 12, page 23/24*See chapter 3, page 5**