have the poor suffered becauseof lack of water rights?of lack of water rights?

7/31/2019 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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have the poor suffered becauseof lack of water rights?of lack of water rights?

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