have the poor suffered becauseof lack of water rights?of lack of water rights?
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The views expressed in this paper are the views of the authors and do not necessarilyreflect the views or policies of the Asian Development Bank (ADB), or its Board of Directorsor the governments they represent. ADB makes no representation concerning and does notguarantee the source, originality, accuracy, completeness or reliability of any statement,information, data, finding, interpretation, advice, opinion, or view presented.
Have the Poor Suffered BecauseHave the Poor Suffered Because
of Lack of Water Rights?of Lack of Water Rights?
BryanBryan BrunsBruns
Consulting SociologistConsulting [email protected]@BryanBruns.com
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Too often, the poor lose access to waterToo often, the poor lose access to water(quantity and quality), without effective means(quantity and quality), without effective meansto respondto respond
Insecure access discourages productivityInsecure access discourages productivity Poor people rely on streamflows, aquifers,Poor people rely on streamflows, aquifers,
and aquatic habitats that are unprotectedand aquatic habitats that are unprotected
Water is reallocated without compensation orWater is reallocated without compensation ormitigationmitigation
Poor people lackPoor people lackwater rightswater rights
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Vulner-ability
Context
ShocksTrends
Seasonality
Livelihood Assets
Influence& access
Structures Levels of
government
Privatesector Laws
Policies Culture
InstitutionsProcesses
LivelihoodStrategies
Livelihood
Outcomes More
income Increased
well-being Reduced
vulnerability Improved
foodsecurity
Moresustainable
use of NRbase
I
n
order
to
achi
eve
KeyH= Human capitalN= Natural capital
F= Financial capitalS= Social capitalP= Physical capital
Source: DFID Sustainable Livelihoods Guidance Sheets
H
N
FP
S
TransformingStructures
&Processes
Water rights can help the poorWater rights can help the poor
SafeguardSafeguard access to basic needsaccess to basic needs
Sustain livelihoodsSustain livelihoods
Participate in governanceParticipate in governance
Prevent and resolve conflictsPrevent and resolve conflicts
Invest in improving their livesInvest in improving their lives
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What are water rights?What are water rights?
Socially recognized claims to waterSocially recognized claims to water
A broad definition includes many institutionsA broad definition includes many institutions
involved in allocating access and resolvinginvolved in allocating access and resolvingconflictsconflicts
Bundles of rights: to use, manage, transferBundles of rights: to use, manage, transfer
Principles and procedures; rules and meansPrinciples and procedures; rules and meansfor enforcementfor enforcement
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Where do water rightsWhere do water rightscome from?come from?
Many sources: communityMany sources: communityorganizations, local practices, laws,organizations, local practices, laws,regulations, agency policies, project proceduresregulations, agency policies, project procedures--legal pluralism and polycentric governancelegal pluralism and polycentric governance
Many forms of water rights already exist, explicit or implicit,Many forms of water rights already exist, explicit or implicit,to which users feel entitledto which users feel entitled
However, growing scarcity increases interaction betweenHowever, growing scarcity increases interaction betweenwater users, requires better coordinationwater users, requires better coordination -- resolvingresolving
competing claimscompeting claims If water allocation institutions are not properly developed,If water allocation institutions are not properly developed,
then the poor sufferthen the poor suffer
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Reconstituting waterReconstituting water
governancegovernance
Governance=institutions for enablingGovernance=institutions for enablingagreements and resolving conflictsagreements and resolving conflicts
Not just new rules (water licenses, irrigationNot just new rules (water licenses, irrigationschedules, reservoir operations, drought plans,schedules, reservoir operations, drought plans,etc.), but remaking the institutions through whichetc.), but remaking the institutions through which
rules are made and appliedrules are made and applied Need to ensure the poor have a voice in theNeed to ensure the poor have a voice in the
processprocess
Stakeholder participation in negotiating newStakeholder participation in negotiating new
rules helps devise institutions that arerules helps devise institutions that areappropriate, acceptable, and effectiveappropriate, acceptable, and effective
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Practical strategiesPractical strategies
Enable demandEnable demand--driven formalization: selective anddriven formalization: selective andgradual,gradual,by basins and subby basins and sub--basinsbasins
Let irrigation system and subLet irrigation system and sub--basin level institutionsbasin level institutionshandle internal allocationhandle internal allocation
Solve priority problems, deliver benefitsSolve priority problems, deliver benefits
Offer more reliable water and fair sharing of shortagesOffer more reliable water and fair sharing of shortages
Develop laws, regulations, and pilot procedures inDevelop laws, regulations, and pilot procedures inparallelparallel
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Customary users in Japanese River Law:Customary users in Japanese River Law:DeemedDeemed to have rights, as if registeredto have rights, as if registered
Proportional principles, not absolute prior rights, inProportional principles, not absolute prior rights, inChile and elsewhereChile and elsewhere
Evolution of water markets in Australia:Evolution of water markets in Australia:Caps (limits) and trading for water quality (salinity)Caps (limits) and trading for water quality (salinity)and quantityand quantity
Stalled water laws in Sri Lanka and Thailand:Stalled water laws in Sri Lanka and Thailand:
Lessons from lack of consensusLessons from lack of consensus Reallocation for the poor in South Africa: ProductReallocation for the poor in South Africa: Product
of stakeholder consultationof stakeholder consultation
ExamplesExamples
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SourcesSourcesBenda-Beckmann, Franz and Keebet von. 2001. Recognizing Water Rights. 2020 Focus 9
(Overcoming Water Scarcity and Quality Constraints). Washington, D.C.: IFPRI.Boelens, Rutgerd, and Gloria Davila, ed. 1998. Searching for Equity: Conceptions of
Justice and Equity in Peasant Irrigation. Assen, Netherlands: Van Gorcum.Boelens, Rutgerd and Paul Hoogendam, ed. 2002. Water Rights and Empowerment. Assen,
Netherlands: Van Gorcum.Bruns, Bryan, and Ruth Meinzen-Dick, ed. 2000. Negotiating Water Rights. New Delhi:
Vistaar. London: Intermediate Technology Publications.De Soto. Hernando. 2000. The Mystery of Capital: Why Capitalism Triumphs in the West
and Fails Everywhere Else. Basic Books.FAO. 2001. Water Rights Administration. Experience, Issues and Guidelines. FAO
Legislative Study No. 70. Rome.Gunatilake, Herath M., and Chennat Gopalakrishnan. 2002. Proposed Water Policy for Sri
Lanka: The Policy versus the Policy Process. Water Resources Development18
(4):545562.IFPRI. 2003. Water Rights: Institutional Options for Improving Water Allocation. Papers
from the International Working Conference, February 12-15, 2003, Hanoi, Vietnam. CD-ROM. (Edited book is under preparation.)
North, Douglass C. 1990. Institutions, Institutional Change and Economic Performance.New York: Cambridge University Press.
Ostrom, Elinor. 1999. Coping with Tragedies of the Commons. Annual Review of PoliticalScience1999 (2):493-535.
Shah, Tushaar, Ian Makin and R Sakthivadivel. 2001. Limits to Leapfrogging: Issues inTransposing Successful River Basin Management Institutions in the DevelopingWorld. In Abernethy, C. L., ed. Intersectoral Management of River Basins. Colombo,Sri Lanka: IWM and DSE.
World Bank Groundwater Management Advisory Team. Groundwater Abstraction Rights--From Theory to Practice. Briefing Note No. 5.
Also see www.BryanBruns.com for additional papers
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Water rights canWater rights can
help the poorhelp the poor
SafeguardSafeguard access to basic needsaccess to basic needs Sustain livelihoodsSustain livelihoods
Participate in governanceParticipate in governance
Prevent and resolve conflictsPrevent and resolve conflicts Invest in improving their livesInvest in improving their lives
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Extra SlidesExtra Slides
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Deeming Customary Rights in inDeeming Customary Rights in in
JapanJapans River Laws River Law
Japans River Law (Law 167 of 1964,as amended in July 1997), in Chapter VI. onMiscelleous Provisions (Transitory Measures) Article 87., states that (underlining added]:
A person who, on the basis of the competency and as of the day of the designation ofa class A river, class B river, river zone, river conservancy zone, projected river zone,spatial river conservancy zoneor projected spatial river zoneis doing an act for
which permission according to the provisions of this Law must be obtained or settingup a structure for which permission according to the provisions of this Law must beobtained shall be deemed to have obtained the permission according to this Lawconcerning the act or the setting up of the structure on the same condition as before.
Sources: IDI (Infrastructure Development Institute, River Bureau, MinistrIDI (Infrastructure Development Institute, River Bureau, Ministry of Construction,y of Construction,
Japan). 1997. The River Law [as amended in July 1997, English trJapan). 1997. The River Law [as amended in July 1997, English translation]. Tokyo:anslation]. Tokyo:Infrastructure Development Institute;Infrastructure Development Institute; Sanbongi, Kenji. 2001. Formation of Case Law andPrinciples in Watershed Management. Paper read at Regional Conference on Water Law:Legal Aspects of Sustainable Water Resources Management, Bosnia.
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