federal constitution amended in 1988 “art 21. the union shall:
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FEDERAL CONSTITUTION Amended in 1988 “Art 21. The Union shall: ... XIX – implement a National Water Resources Management System and define criteria for authorization of water use”. Legal Instruments. Law 9.433/1997 “WATER LAW” - PowerPoint PPT PresentationTRANSCRIPT
FEDERAL CONSTITUTIONFEDERAL CONSTITUTIONAmended in 1988Amended 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 CONSTITUTIONFEDERAL CONSTITUTIONAmended in 1988Amended 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”
Legal Legal InstrumentsInstrumentsLegal Legal InstrumentsInstruments Law 9.433/1997 “WATER LAW”Law 9.433/1997 “WATER LAW”
Establishes the National Water Resources Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution
Law 9.984/2000 “ANA’S LAW”Law 9.984/2000 “ANA’S LAW”
Creates the National Water Agency (ANA), a federal institution to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System
Law 9.433/1997 “WATER LAW”Law 9.433/1997 “WATER LAW”
Establishes the National Water Resources Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution
Law 9.984/2000 “ANA’S LAW”Law 9.984/2000 “ANA’S LAW”
Creates the National Water Agency (ANA), a federal institution to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System
- Water is a public good;- Water is a public good;
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;
- Water resources management should - Water resources management should always allow for multiple uses of water; always allow for multiple uses of water;
National Water Resources Policy
Basic Principles
- Water resources management shall be - Water resources management shall be decentralized and shall involve participation of decentralized and shall involve participation of the Government, water users, local the Government, water users, local communities and the organized civil society.communities and the organized civil society.
National Water Resources Policy
Basic Principles
- The - The river basinriver basin is the territorial unit is the territorial unit for the implementation of National for the implementation of National Water Resources Management SystemWater Resources Management System
Art. 39. The River Basin Committees are composed Art. 39. The River Basin Committees are composed of representatives of: 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 -The Municipalities in which they are located, entirely or in part;part;
4.4.-The water users ; -The water users ;
5.5.-Civil society organizations related to water resources that -Civil society organizations related to water resources that have a demonstrated record of action in the basin.have a demonstrated record of action in the basin. The number of representatives from each sector mentioned The number of representatives from each sector mentioned above, and the criteria for their appointment, shall be above, and the criteria for their appointment, shall be determined in the by-laws of the committees. The determined in the by-laws of the committees. The representation of the Federal Government, the States, the representation of the Federal Government, the States, the Federal District, and the Municipalities shall be limited to Federal District, and the Municipalities shall be limited to
half the total number of members.half the total number of members.
RIVER BASIN COMMITTEE
ANA
AGÊNCIA NACIONAL DE ÁGUAS POLICY IMPLEMENTATION INSTRUMENTSPOLICY IMPLEMENTATION INSTRUMENTS
Water Permits
Cobrança pelouso dos recursos
hídricos
Water Charges
Sistema deInformações
InformationSystem
Enquadramento doscorpos d' água
Water Bodies classification
Fiscalização Control
Plano de RecursosHídricos
Water Resources Plan
National
State
Basin
CNRH MMA
StateGovernment
SRH
StateAuthorityCERH
ANA
Basin Committee
Basin
Agency
Council Government Authority Water Board TechnicalOffice
National Water Resources Management System - SINGRH
Inst.
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 DirectorsBoard of Directors
Attorney GeneralAttorney General
Technical Superintendencies Technical Superintendencies
Executive SecretaryExecutive Secretary
ORGANIZATION AT THE RIVER BASIN LEVEL
FEDERAL(ANA)
STATE(Management
Agency)
Harmonization of Management
Instruments (Permits, Control and Charges)
(Integration (Integration Agreement)Agreement)
MUNICIPAL
BASIN COMMITTEE(Parliament)
BASIN AGENCY(Not for Profit Organization)
Executive Branch of the Basin Committee
Users:
. Domestic and industrial water supply . irrigation . hydropower . navigation . fishing . ecology . Leisure and Tourism
Professional and Scientific Associations
University Non governmental Organizations (NGO)
GOVERNMNENTAL
Management Contract
NONGOVERNMENTAL
Management Contract
(Cooperation Agreement)
RIVER BASIN RIVER BASIN COMMITTEES – COMMITTEES –
STATES AND UNIONSTATES AND UNION
2001 2002 55
1996 1997 60
2002 2003 50
2002 2008 45
2001 2002 60
STATE RIVER BASIN COMMITTEESTATE RIVER BASIN COMMITTEE
2001 2002 55
2003 2004 34
Paraiba River Basin Committee
INTEGRATED RIVER BASIN INTEGRATED RIVER BASIN MANAGEMENT SYSTEM OF MANAGEMENT SYSTEM OF
THE PARAÍBA RIVER THE PARAÍBA RIVER SYSTEMSYSTEM
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 = 92 %
Sewage collection coverage = 69 %
Sewage treatment = 11 %
Basin yield: 312 m3/s (Q95% at basin outlet)
Total estimated water demand: 265 m3/s (including interbasin transfer)
Interbasin Transfer to Guandu Interbasin Transfer to Guandu RiverRiver
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 of the diversion site
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
River Basin Organizations
Paraíba River Basin Committee (1996)
Paraíba River BasinCommittee in
São Paulo State (1994)
Consortium of the middle Paraíba (2001)
Pomba – Muriaé RiverBasin Committee
(2001)
Grande - Dois Rios River Basin
Committee (2006)Consortium Grande -
Dois Rios (2001)
Consortium Muriaé (1997)
Consortium Pomba (1998)
Consortium Carangola (2001)
Paraibuna River Basin Committee (2005)
MAJOR ACHIEVIMENTS
BASIN COMMITTEE AND BASIN BASIN COMMITTEE AND BASIN AGENCY IMPLEMENTEDAGENCY IMPLEMENTED
PARTICIPATION OF DIFFERENT SECTORS IN THE PARAIBA PARTICIPATION OF DIFFERENT SECTORS IN THE PARAIBA RIVER COMMITEEERIVER COMMITEEE
• 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 Users Registry16/Sep/02 a 16/Dec/02 ~ 31/Mar/03
Declaratory
Compulsory
Entire Basin
4, 651 USERS(16 Jun 07)
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 – awareness raising in water issues, mobilization for public participation, education and training
WATER RESOURCES PLANApproved in Sep 2002
1 US$ = 1.90 R$1 US$ = 1.90 R$
Water Resources Management Support Department – ANA
Bulk Water Charging
ValueABS = QABS x KABS CLASS x PPUABS
ValueCOM = (QABS - QEFL) x PPUCOM
ValueBOD = LDBOD x PPUBOD
LDBOD = C BOD x QEFL
Water Resources Management Support Department – ANA
Irrigation and Animal Demand
ValueAGRO= (ValueABS + ValueCOM) x KAGROPEC
KAGRO = varies according to water use efficiency (from 0,05 to 0,5)
Bulk Water Charging
Water Resources Management Support Department – ANA
Charging Prices
* 1 EUR = 2,52 R$
Paraiba do Sul
PCJParaiba do
SulPCJ
Bulk Water Abstraction (Captação) PPUCAP 1000 m3 10,0 10,0 4,0 4,0
Bulk Water Consumption (Consumo) PPUCON 1000 m3 20,0 20,0 7,9 7,9
Organic Load Disposal – BOD (Lançamento DBO)
PPUDBO 1000 kg 70,0 100,0 27,8 39,7
Basin Reversion (Transposição) PPUTRANSP 1000 m3 - 15,00 - 6,0
UseUnitary Price (R$) Unitary Price (EUR)*
Term Unit
Water Resources Management Support Department – ANA
Impact on UsersImpact on Users
Sector
Average impact on expenses (%)
Paraíba do Sul PCJ
Water supply and sanitation
2,20 1,32
Industrial 0,02 -
Rice Irrigation 0,16 0,67
Tomato Irrigation - 0,02
Sugar cane Irrigation - 0,51
Water Resources Management Support Department – ANA
* 1 EUR = 2,52 R$
Income
Paraíba do Sul (2003 to 2006)
PCJ (2006) TotalParaíba do Sul (2003 to 2006)
PCJ (2006) Total
Water supply and sanitation 16.668.488 8.950.021 25.618.509 6.614.479 3.551.596 10.166.075
Industrial 7.980.447 1.422.493 9.402.940 3.166.844 564.481 3.731.325
Mining 19.434 435 19.869 7.712 173 7.885
Irrigation and Animal Demand 11.000 9.102 20.102 4.365 3.612 7.977
Others 53.474 342.070 395.544 21.220 135.742 156.962
Total 24.732.843 10.724.121 35.456.964 9.814.620 4.255.604 14.070.224
Income (R$) Income (EUR)*Sector
Water Resources Management Support Department – ANA
* 1 EUR = 2,52 R$
Investments
Total: 100 Projects - representingaround 10% of the total investment needed per year
Paraíba do Sul (2003 to 2006)
PCJ (2006) TotalParaíba do Sul (2003 to 2006)
PCJ (2006) Total
Sanitation 18,32 8,82 27,14 7,27 3,50 10,77
Operating costs and management support 3,62 1,30 4,92 1,44 0,52 1,95
Others 5,71 - 5,71 2,27 - 2,27
Total 27,65 10,12 37,77 10,97 4,02 14,99
Investment (1.000.000 R$) Investment (1.000.000 EUR*)
WATER CHARGES INVERSIONS WATER CHARGES INVERSIONS IN THE PARAIBA RIVER BASININ THE PARAIBA RIVER BASIN
(first results)(first results)• Sewage Treatment Plant of São
Silvestre – Jacareí (SP)– Investment: R$ 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.
1 US$ = 1.90 R$1 US$ = 1.90 R$
SÃO SILVESTRE STPSÃO SILVESTRE STP
IWRM concept is fully incorporated in IWRM concept is fully incorporated in the Brazilian water resources legislation;the Brazilian water resources legislation;
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;
CONCLUSIONSCONCLUSIONS
CONCLUSIONSCONCLUSIONS
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
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 registry, plan approved, water users registry, 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