Groundwater Management: Lessons from Global and Regional Experiences

The 3rd World Water ForumThe Middle East and Mediterranean

Regional DayKyoto, Japan

March 20, 2003

Dr Rashid Al-Hmoud, Texas Tech University andJosefina Maestu, Ministry of Environment, Spain

                                             

                      

Towards a groundwater management kit

For policymakers, groundwater specialists, and the general public, in MNA countries.

For formulating groundwater strategies and reforming existing policies.

Based on case studies from Jordan, Spain, Tunisia, and the United States (Arizona, New Mexico, and Texas).

FOCUS ON SYSTEMS OF PROPERTY RIGHTS, MANAGEMENT APPROACHES, PRACTICAL LESSONS FOR CONTROLING ABTRACTIONS, ECONOMIC AND IMPLEMENTATION aspects of groundwater management.

1.- PROPERTY RIGHTS SYSTEMS

GROUNDWATER PROPERTY RIGHTS SYSTEMS

PRIOR APPROPRIATIONNew Mexico

• Groundwater is publicly owned.• Rights holders have the right to USE, not OWN, groundwater.• Rights are quantified based on “consumptive use”.• Users must apply to appropriate groundwater (subject to water availability).• In case of a drought,senior rights are favored to junior rights (first-in-time-first-in-right).

ABSOLUTE OWNERSHIPTexas

• Groundwater is privately owned.• Landowners own groundwater underneath their land.• There are no restrictions on abstractions. The government interferes if abstractions are harmful to others.

REASONABLE USEArizona

• Groundwater is privately owned.• Landowners own groundwater underneath their land.• The only restriction is that groundwater must be applied for beneficial uses.• The courts decide what constitute beneficial uses.

PROPORTIONAL Spain, Tunisia, Mexico, Chile, and California

• Groundwater is publicly owned.• Users must obtain a permit to abstract groundwater.• Groundwater surpluses and deficits are allocated proportionally on all existing rights holders.• Water users associations are charged with allocating surpluses and deficits.

ADIMINISTRATIVE ALLOCATIONJordan

• Groundwater is publicly owned.• The system is used in countries with serious groundwater overdraft.• Users must apply for a permit to drill wells and abstract groundwater.• Permitted abstraction volumes are based on hydraulic characteristics of the aquifer.

EVALUATION OF GROUNDWATER PROPERTY RIGHTS SYSTEMS

Prior Appropriatio

n

Absolute Ownership

Reasonable Use

Proportional Administrative Allocation

well defined HIGH LOW LOW HIGH HIGH

Reallocation LOW HIGH MODERATE MODERATE LOW

Security of Tenure

MODERATE LOW LOW MODERATE MODERATE

Promote Conservation

LOW LOW LOW MODERATE LOW

Easy to Administer

LOW HIGH MODERATE MODERATE LOW

2.- MANAGEMENT APPROACHES

GROUNDWATER MANAGEMENT APPROACHES IN CASE STUDIES

Top-down

• Groundwater is publicly owned.• The central authority allocates groundwater based on an administrative mechanism.• Groundwater policy reforms (regulatory, legal, and institutional) are initiated and implemented by central authority• Public participation is limited.

Bottom-Up

• Groundwater is privately owned.• Central authorities design the overall guidelines (at the MACRO level) of groundwater management policy.• Groundwater user associations and irrigation districts formulate actual policies (at the MICRO level) based on the local needs.

Combination

• Groundwater is publicly owned, but used to be in private hands. Clear definition of roles.• Government is in charge of regulations, capacity-building, allocation of rights, monitoring, and enforcing water laws, etc.• Water user associations and irrigation districts are in charge of achieving groundwater management goals set forth by the government.

Summary--GROUNDWATER MANAGEMENT APPROACHES IN CASE STUDIES

COUNTRY GROUNDWATER MANAGEMENT APPROACH

Top-down Bottom-UP Combination

JORDAN

SPAIN

TUNISIA

THE UNITED STATES:

ARIZONA

NEW MEXICO

TEXAS

GROUNDWATER MANAGEMENT APPROACHES IN CASE STUDIES

JORDAN• Groundwater is publicly owned by the public.

• The Ministry of Water and Irrigation (MWI) is in charge of all groundwater-related issues.

• All irrigation wells must have a permit from MWI.

• Early 1990s, the MWI banned the construction of new wells.

• Excellent enforceability—small number of wells.

• Abstraction charges were imposed in 1998 (US $0.37/m3) on all uses, except irrigation.

• New legislation is expected to levy abstraction charges on irrigators.

• All wells are metered.

SPAIN• As of 1985, groundwater became public property.

•River Basin Authorities (RBAs) have the power on all groundwater issues.

• All applications for new drilling must be authorized by RBAs.

• The 1985 Law required local residents to form Groundwater User Associations (GUAs) IN OEVREXPLOITED AQUIEFRS.

• GUAs execute policies and regulations set by RBAs in a decentralized fashion.

• RBAs committees are elected by users.

TUNISIA• Groundwater is publicly owned.

• The General Department of Water Resources is the central water authority. Monitor groundwater.

• Users are represented by the Collective Interest Associations (CIAs). They are established for many reasons. Not in GW.

• Permits (issued by the Ministry of Agriculture) are only required from wells in “deep aquifers” (or abstractions below 50 meters).

•Wells are not metered.

•Farmers using water in overexploited aquifers do not get subsidies.

(Cont’d) GROUNDWATER MANAGEMENT APPROACHES IN CASE STUDIES

ARIZONA• Landowners own groundwater.

• Groundwater use is subject to strict regulations.

• Over exploitation has caused serious land subsidence in Phoenix.

• The Arizona Department of Water Resources (ADWR) is in charge of setting policies.

• Public participation is limited.

• In AMAs, property rights are quantified on a per hectare basis.

• Property rights holders may sell/lease their rights subject to ADWR’s regulations.

• Various programs to encourage users to use surface water via CAP.

• The Arizona Water Banking is active in reallocating water.

NEW MEXICO• Groundwater is publicly owned.

• The Office of State Engineer (OSE) is the central water authority.

• Public participation is limited.

• The OSE divides the State into townships to estimate available groundwater.

• Users must apply to “appropriate” groundwater.

• If groundwater underneath a township is available, a permit is granted.

• In the case of shortages, junior rights are first eliminated.

• If users do not use all their permitted water, they lose it!.

TEXAS• Groundwater is privately owned by landowners.

• General groundwater policy is set central authorities (TNRCC and TWDB).

• Specific policies, regulations, and laws are designed by Groundwater Conservation Districts (GCD) based on particular needs.

• GCD are initiated by the public or required by the TNRCC.

• GCD directors are elected by local residents/farmers.

• Amendments to policies, and approval of programs, must get voters approval.

• Groundwater marketing is very active via the Texas Water Bank.

PARTICIPATORY WATER MANAGEMENT

POTENTIAL• Decentralisation may be

essential where there are overexploitation and many users.

• Operational role but also participate in olicy decisions.

• Effective in establishing agreements among users to control abstractions, monitoring individual water use.

• Act vis a vis RBA. Interactive relatioship.

• Peer pressure foundamental in enforciong controls

BARRIERS• Controls enforced in

coordination of RBAs. • Need for technical

support and common perception of aquifer problems.

• Coordination requirements with RBAs.

3.- REDUCING WATER ABSTRACTIONS

INSTRUMENTS USED TO REDUCE GROUNDWATER ABSTRACTIONS

• Limit groundwater abstraction- Well permits - Closure of wells in critical areas- Well Spacing - Control Pump size

• Technical support- Irrigation technologies - Drought-tolerant crops - Soil moisture surveys

• Awareness campaigns and public educational programs- Schools - Media (T.V., radio, newspaper) - Face-to-face interaction

• Monitoring and Policing.

• Subsidies for improving irrigation equipment and install water saving devices- Low interest loans - Cost sharing - Income compensation

• Reduction/elimination of farm subsidies- Energy - Fertilizers - Price support

4.- ECONOMIC ASPECTS

• Economic incentives to control water use and promote conservation.

- Phased volume based fees (Jordan). - Shares based management of common resources as

common property (Mula).

• Provisions to allow water marketing- Users have the incentive to reduce their abstractions if they are allowed to sell/lease the groundwater they save (establishing property rights is a prerequisite) (Western U.S.)

• Abstraction charges- Used as a cost recovery mechanism

- Not used to “manipulate” abstraction quantity

6.- IMPLEMENTATION LESSONS

CHARACTERISTICS

• GW management is about dealing with people: interests, traditions, awareness of problems.

• Support needed from RBA for generating knowledge about the geophysical characteristics and monitoring of water use (quality and quantity).

• Pressures come from sectoral interests. So need to coordinate.

• Need for clear enforcement powers (Jordan).

• Aquifer management does not have to be expensive.

• GW is facilitated by putting differential user´s capacities at work.

• Tailor actions to existing capacities (Barcelona).

PROCESS LESSONS

• The importance of the trigger for organised action. Problems and perceptions (Jordan, Spain).

• Long process. Need to demonstrate benefits along the process (Barcelona).

• The importance of demonstrative actions (Jordan).

• The power of piloting (Barcelona and Mula).

CONCLUSIONS AND POLICY IMPLICATIONS

Worldwide experiences contain rich information and examples on groundwater management policy.

Public participation is KEY to the success of policy reforms. Decentralisation and decision making at lowest level.

Planning for groundwater policy should take into consideration BASIN-WIDE characteristics and needs.

Groundwater management policies tackle a COMPLEX and EVOLVING issue with many dimensions. Thus, the reform process must be DYNAMIC and CONTINUOUS…… NEED TO FOCUS ON PROCESS ISSUES…….