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National Water Resources Policy Basic Principles: Water is public property,water is a limited natural resource, which has economic value, Priority in the use of water resources is given to human consumption and the watering of animals. The river basin is the territorial unit for the implementation of the National Water Resources Policy and for the actions of National Water Resources Management System.
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RIVER BASIN RIVER BASIN MANAGEMENT IN BRAZIL – MANAGEMENT IN BRAZIL –
THE PARAIBA DO SUL THE PARAIBA DO SUL CASECASE
B.P.F. BragaB.P.F. Braga
DirectorDirector
Agência Nacional de ÁguasAgência Nacional de Águas
GEF Third Biennial International Waters Conference GEF Third Biennial International Waters Conference
Salvador Jun 22, 2005Salvador Jun 22, 2005
Federative Republic
26 States
01 Federal District
5,561 Municipalities (*)
5 Geopolitical Regions
- North
- NE
- SE
- Center West
- South
(*) CENSUS 2000 - IBGE
BRAZILBRAZIL
ANA
AGÊNCIA NACIONAL DE ÁGUAS
Water Yield Water Yield kmkm33
ESCALA
Brazil:Brazil:5,660 km5,660 km3 3 (12%)(12%)
Brazil +Brazil +Foreign Countries:Foreign Countries:
8,427 km8,427 km33 (18%) (18%)
World:World:44,000 km44,000 km33
North: water resources concentrated in theNorth: water resources concentrated in the Amazon BasinAmazon Basin
68 %68 %
Northeast: poorest and driest Northeast: poorest and driest 3%3%
South-Southeast: urban and industrial South-Southeast: urban and industrial pollutionpollution
13%13%
Mid West: the new agricultural frontierMid West: the new agricultural frontier16%16%
Brazil
US$ 14.450 billion
23% Water Supply77% Wastewater
DEMAND / SUPPLYDEMAND / SUPPLY
Demanda/Disponibilidade hídrica
< 5% Excelente
5 - 10% Confortável
10 - 20% Preocupante
20 - 40% Crítica
> 40% Muito crítica
Região hidrográfica
FEDERAL CONSTITUTION FEDERAL CONSTITUTION Issued in 1988Issued in 1988
““Art 21. Art 21. The Union shall: ...The Union shall: ...
XIX – Implement a National XIX – Implement a National Water Resources Management Water Resources Management System and define criteria for System and define criteria for authorization of water use”authorization of water use”
FEDERAL CONSTITUTION FEDERAL CONSTITUTION Issued in 1988Issued in 1988
““Art 21. Art 21. The Union shall: ...The Union shall: ...
XIX – Implement a National XIX – Implement a National Water Resources Management Water Resources Management System and define criteria for System and define criteria for authorization of water use”authorization of water use”
S1 S2 S3
COMMON UNDERSTANDING 1. Water in rivers R4 and R2 and in reservoir D2 belong to FEDERAL GOVERNMENT;2. Water in rivers R1 and R3 belong to STATE GOVERNMENT;3. If D1 is built with federal funds than reservoir waters are FEDERAL otherwise they are STATE
COMPETENCE1. Permits P2 e P6, are STATE;2. Permits P3, P4 e P5, are FEDERAL;
R1
R2
R3
R4
P1P2
P3
P4P5
P6
D1
D2
3. Permit P1 is FEDERAL if D1 is federal
WATER JURISDICTION
Legal Legal InstrumentsInstrumentsLegal Legal InstrumentsInstruments Law 9.433Law 9.433//1997 “WATER LAW”1997 “WATER LAW”
Establishes the National Water Resource Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution
Law 9.984Law 9.984/2000 “ANA’S LAW”/2000 “ANA’S LAW”
Regulates the establishment of the National Water Agency (ANA), a federal entity to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System
Law 9.433Law 9.433//1997 “WATER LAW”1997 “WATER LAW”
Establishes the National Water Resource Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution
Law 9.984Law 9.984/2000 “ANA’S LAW”/2000 “ANA’S LAW”
Regulates the establishment of the National Water Agency (ANA), a federal entity to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System
- Water is public property;- Water is public property;
National Water Resources Policy
Basic Principles
- Water is a limited natural resource, - Water is a limited natural resource, which has economic value; which has economic value;
- Priority in the use of water resources is - Priority in the use of water resources is given to human consumption and the given to human consumption and the watering of animals; watering of animals;
- The river basin is the territorial unit - The river basin is the territorial unit for the implementation of the National for the implementation of the National Water Resources Policy and for the Water Resources Policy and for the actions of National Water Resources actions of National Water Resources Management System;Management System;
- Water resources management should - Water resources management should always allow for multiple uses of water; always allow for multiple uses of water;
- Water resources management shall be - Water resources management shall be decentralized and shall involve participation decentralized and shall involve participation by the Government, the users, and the by the Government, the users, and the communities.communities.
National
State
Basin
CNRH MMA
StateGovernment
SRH
StateAuthorityCERH
ANA
Basin Committee
Basin
Agency
Council Govern Authority Water Board TechnicalOffice
National Water Resources System - SINGRHInst.
Level
MISSIONMISSION
WATER USE IN FEDERAL RIVERS WATER USE IN
FEDERAL RIVERS
WATER USE IN FEDERAL RIVERS
WATER USE IN FEDERAL RIVERS
ARBITRATE CONFLICT AMONG USERS CONFLICT AMONG USERS
AUTHORIZE
CONTROLRE
GU
LA
TO
RY
RE
GU
LA
TO
RY
EX
EC
UT
IVE
EX
EC
UT
IVE
Nat’nl. Water Res. Management System (SINGRH)
RIVER BASIN MANAGEMENT RIVER BASIN
MANAGEMENT
ANA
Organizational StructureANA
Organizational Structure
Board of Directors(collegiate )
Board of Directors(collegiate )
General AttorneyGeneral Attorney
Technical Superintendencies Technical Superintendencies
Executive SecretaryExecutive Secretary
BASIN COMMITTEESBASIN COMMITTEES
IMPLEMENTATION OF THE IMPLEMENTATION OF THE WATER RESOURCES WATER RESOURCES
MANAGEMENT SYSTEM OF MANAGEMENT SYSTEM OF THE PARAÍBA RIVER BASINTHE PARAÍBA RIVER BASIN
Paraíba River Basin
Drainage Area: 55,000 Km2
Paraiba river length: 1,150 Km
180 municipalities (SP = 39, RJ = 53 e MG = 88)
Population: 5,800,000 + 8,000,000 in Rio de Janeiro city
Industries: 3,500
Hydropower installed: 1,500 MW
Irrigation: 71,000 hectares
Water supply coverage = 91,9 %
Sewage collection coverage = 69,1 %
Sewage treatment = 11,3 %
Basin yield: 312 m3/s (Q95% at basin outlet)
Total estimated water demand: 265 m3/s (including interbasin transfer)
PARAÍBA DO SUL SYSTEM
Interbasin Transfer to Guandu River
Flow transfer at 180 m3/s
Hydropower generation in the Light Complex
Responsible for Metropolitan Rio water supply (~ 50 m3/s)
Main Problems
Water pollution due to untreated effluent discharges
Low soil fertility Severe erosion problems Deforestation (11% forest cover) Interbasin transfer restraining
water uses in the Paraiba river upstream and downstream
Main Institutional Challenges
Multiple Jurisdictions – Union, SP, RJ, MG Multiple River Basin Organizations Different stages of development in the States Different levels of capacity building in the States water agencies Diversity of norms and standards
MAJOR ACHIEVIMENTS
IMPLEMENTATION OF THE PARAIBA IMPLEMENTATION OF THE PARAIBA RIVER BASIN MANAGEMENT SYSTEMRIVER BASIN MANAGEMENT SYSTEM
• Basin Committee is a branch of the State and not an NGO
• Art. 39. The River Basin Committees are composed of Art. 39. The River Basin Committees are composed of representatives of: representatives of:
1.1.-The Federal Government; -The Federal Government;
2.2.-The States or the Federal District in which they are located; -The States or the Federal District in which they are located;
3.3.-The Municipalities in which they are located, entirely or in part;-The Municipalities in which they are located, entirely or in part;
4.4.-The water users ; -The water users ;
5.5.-Civil society organizations related to water resources that have a -Civil society organizations related to water resources that have a demonstrated record of action in the basin. demonstrated record of action in the basin.
•1. The number of representatives from each sector mentioned 1. The number of representatives from each sector mentioned above, and the criteria for their appointment, shall be determined above, and the criteria for their appointment, shall be determined in the by-laws of the committees. The representation of the Federal in the by-laws of the committees. The representation of the Federal Government, the States, the Federal District, and the Municipalities Government, the States, the Federal District, and the Municipalities
shall be limited to half the total number of members.shall be limited to half the total number of members.
• BASIN COMMITTEE AND BASIN BASIN COMMITTEE AND BASIN AGENCY IMPLEMENTEDAGENCY IMPLEMENTED
• 30 % - CIVIL SOCIETY (NGO’S, 30 % - CIVIL SOCIETY (NGO’S, Universities and Professional Universities and Professional Associations)Associations)
• 30 % - USERS (Industries, water 30 % - USERS (Industries, water utilities and farmers)utilities and farmers)
• 40 % - Municipalities, States and 40 % - Municipalities, States and Federal GovernmentFederal Government
Investment ProgramR$ 3 Billion in 20 years = R$ 150 Million / year
Initial Investment Program - R$ 120 MillionStructural Actions – Sewage Treatment Plants and
Erosion Control
Nonstructural Actions – Environmental Education, mobilization for public participation
WATER RESOURCES PLANSeptember de 2002
Water Users Registry16/Sep/02 a 16/Dec/02 ~ 31/Mar/03
Declaratory
Compulsory
Entire Basin
4, 651 USERS(16 Jun 05)
IMPLEMENTATION OF THE PARAIBA IMPLEMENTATION OF THE PARAIBA RIVER BASIN MANAGEMENT SYSTEMRIVER BASIN MANAGEMENT SYSTEM
• Water Permit SystemWater Permit System
• Bulk Water Charging SystemBulk Water Charging System
FLOW PRICEFLOW PRICE
FLOW PRICE
ABSTRACTIONABSTRACTION CONSUMPTIVECONSUMPTIVE DILUTION DILUTION ( (BOD)BOD)
C = Qcap x K0 x PPU + Qcap x K1 x PPU + Qcap x (1 – K1) x (1 – K2 K3) ] x PPU
PPU = R$ 0.02
K0 = 0.4
KK11= consumptive use reduction factor= consumptive use reduction factor
KK22= fraction of effluent that is treated= fraction of effluent that is treated
KK33= level of treatment of effluent= level of treatment of effluentKK00= abstraction price reduction factor = abstraction price reduction factor
PPU= public price of water (R$/mPPU= public price of water (R$/m33))
QQcapcap= monthly volume abstracted (m= monthly volume abstracted (m33))
Criteria and public prices for different sectors (R$)
Sector PPU CriteriaInsignifi
cUse
Urban and Industrial Sanitation
0,02 -
1 L/s
Farm0,0005
BOD=0, execpt suinocultureImpact < 0,5% production cost
Aquiculture0,0004
Consumptive use and BOD = 0Impact < 0,5% production cost
Sand extraction0,02
Small Hydro-
0,75% x energy production x Unit cost ANEEL
1 MW
RESULTS OF WATER CHARGES IN RESULTS OF WATER CHARGES IN THE PARAÍBA DO SUL RIVER BASIN THE PARAÍBA DO SUL RIVER BASIN
(R$)(R$)USER 2003 2004 2005Industry 2.767.648,7
02.183.849,4
1484.392,26
Irrigation 3.842,55 2.098,23 2.380,34
Animal supply
- 243,94 133,06
Mining - 368,21 976,96
Water supply and sanitation
3.129.784,89
4.116.838,04
1.021.010,36
Other 2758,02 17.139,83 8.939,47
TOTAL 5.904.034,16
6.320.537,66
1.517.832,45
Fonte: ANA (atualizado até 19/04/2005)
• WATER COMPACT SIGNED BY MINAS WATER COMPACT SIGNED BY MINAS GERAIS, SAO PAULO, RIO DE JANEIRO, GERAIS, SAO PAULO, RIO DE JANEIRO, ANA AND BASIN COMMITTEEANA AND BASIN COMMITTEE
• Implementation of integrated river Implementation of integrated river basin management regardless of basin management regardless of water jurisdiction through: water jurisdiction through:
• Standardization of criteria for Standardization of criteria for permits and chargespermits and charges
• Implementation of a water Implementation of a water resources information systemresources information system
• WATER CHARGES BEING PAID WATER CHARGES BEING PAID BY “ALL” USERS IN THE BASINBY “ALL” USERS IN THE BASIN
• WATER PERMITS SYSTEM WATER PERMITS SYSTEM IMPLEMENTED IN DIGITAL FORM IMPLEMENTED IN DIGITAL FORM AND USERS REGISTREDAND USERS REGISTRED
• INTEGRATED BASIN PLAN INTEGRATED BASIN PLAN DEVELOPEDDEVELOPED
FIRST RESULTS OF WATER FIRST RESULTS OF WATER CHARGES IN THE PARAIBA CHARGES IN THE PARAIBA
RIVER BASINRIVER BASIN• Sewage Treatment Plant of São
Silvestre – Jacareí (SP)– Investment: R$ 2 million (R$ 1.3 million
from water charges and R$ 700,000 from public/private partnership SAAE / Votorantim)
• Direct Benefit: 9,000 people• Indirect Benefit: 180,000 people using Paraíba
do Sul river downstream for water supply.
SÃO SILVESTRE STPSÃO SILVESTRE STP
Controle de Erosão – Barra Controle de Erosão – Barra Mansa/RJMansa/RJ
ETE – Jacareí/SP
Interceptor – Juiz de Fora/MG
Tomada d´água –Barra Mansa/RJ
Controle de Erosão – Uba/MG
Reform of the water resources sector Reform of the water resources sector involved: decentralization of decisions; involved: decentralization of decisions; planning and management at the river planning and management at the river basin level; independent regulation of basin level; independent regulation of water use and utilization of the user-pays water use and utilization of the user-pays and polluter-pays principle;and polluter-pays principle;
Appropriate legislation is a necessary Appropriate legislation is a necessary condition, but is not sufficient. Political condition, but is not sufficient. Political will and adequate institutions are will and adequate institutions are fundamental for the implementation of fundamental for the implementation of water reform; water reform;
CONCLUSIONSCONCLUSIONS
CONCLUSIONSCONCLUSIONS
ANA plays a dual role: executive ANA plays a dual role: executive agency responsible for the agency responsible for the implementation of the national waer implementation of the national waer resources management system and resources management system and regulation of water use in federal rivers. regulation of water use in federal rivers. Its autonomy assures technical Its autonomy assures technical treatment of complex problems with treatment of complex problems with exemptionexemption
CONCLUSIONSCONCLUSIONS
Paraiba do Sul river basin is fully Paraiba do Sul river basin is fully operational: river basin committee and operational: river basin committee and agency in place, integrated river basin agency in place, integrated river basin plan approved, water users cadaster, plan approved, water users cadaster, water permits and bulk water charges water permits and bulk water charges implemented and water resources implemented and water resources information system developedinformation system developed