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Water, tenure and equityDR ELENA LOPEZ GUNNDIRECTOR ICATALIST, SPAIN AND
CHENEY FELLOW, UNIVERSITY OF LEEDS, UK
Plan for the Session 1. PART 1: What is water tenure? Water tenure and equity in water governance” Dr Elena Lopez-Gunn, ICATALIST and water@leeds
2. PART 2: Geographical case studies: “ Water Tenure in India” by Dr Viju James Honorary Visiting Professor, Institute of Development Studies, Jaipur and Founding Director, Pragmatix Research & Advisory Services
“Water tenure in South Africa” by Eiman Karar, Water Resources Commission, South Africa
3. PART 3: Thematic case studies: “ Bundling and unbundling: land and water tenure” Professor Jennifer McKay, Universty of South Austrlia
“Legal, alegal and ilegal” Dr Judith Dominguez, Colegio De Mexico 4. PART 4: Debate and discussion
Discussion and Group Work
Does looking at tenure add to our understanding on equity in water governance in semi-arid environment? (PROS/CONS)
Key themes:
• GENDER
• LAND AND WATER TENURE
• INFORMAL USE
• OTHER
IntroductionA. BackgroundB. Defining water tenure
A. Diagnostics 1- Preliminary typology of water tenure (all uses,)
B. Diagnostics 2- Zoom in on specific issues e.g. allocation (land and water tenure)
C. Diagnostics 3- Benchmarking tenure –equity e.g. framing informal water use
C. Benefits/added valueD. Conclusions and Next steps
Background
BackgroundBackground: FAO Voluntary Guidelines on Tenure
-2010: Origin: Water tenure and the VGGT- Issues paper & draft technical guideline on water tenure- Omission of water
-2013: Rome meeting- Expert consultation on ‘Water governance and the role of tenure and rights in coping with agricultural water security’ (January 2013
1.Meeting at FAO in May 2013 & outcomes:
2.Preparation of the three case studies (India, South Africa & Spain) and a more conceptual thin piece
3.Presentation of initial findings at the Land & Water Days Conference held in Amman in December 2013
-2014-2015: First draft of paper ‘Thinking about water tenure’
-C. 50 pages in 11 chapters
Table of contents of the draft paper
1.Introduction2.Land tenure (what is tenure?)3.Conceptualizing water tenure4.Tenure type & type of use5.Re-visiting land tenure6.Issues of allocation & re-allocation7.Comparing different types of water tenure8.Water tenure and governance9.(Disbenefits and) benefits of thinking in terms of water tenure10.What could be done with water tenure11.Conclusions
Defining water tenure
= ‘the relationship, whether formally or customarily defined between people, as individuals or groups, with respect to water resources’.
reality on the ground- bottom up approach mapping the existing relationships No a priori normative judgements.
Defining water tenure
LEGAL WATER RIGHTS: FORMAL, RIGID, “IDEALISED”, DIFFICULT TO IMPLEMENT, MISSING REALITY? SOMETIMES “CHRYSTALLISE INEQUITIES? El Quijote
EQUITABLE WATER TENURE: PRACTICAL, WORKABLE, GROUNDED ON (MESSY) REALITY Sancho Panza
Conceptualizing water tenure
Note the broad scope of this working definition◦ Not just the relationship between people and the resource but between people and
people and the resource. In other words tenure is a social construct. ◦ Concerns the rights of individuals and groups ◦ Applies to relationships under formal law and customary or local law
So what relationships are we talking about with regard to water resources? What is water tenure?
Defining Water tenure:Diagnostics 1- Preliminary typology of water tenure
The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to water resources
Water tenure and water use
-Water tenure is indifferent to water use (or rather the purpose for which water is used )
-Possibility of mapping use types to tenure type in a given context
Water Tenure and water use Mapping water tenure in spain
Layers of green and blue water uses- tenure relationships
Can secure tenure help to achieve
more equitable outcomes?
Forest(normally no water rights- except Australia?)
Dryland agriculture (no water rights)
Illegal irrigated agriculture(no formal water rights)
Canoeing (no water rights)
Wetland(often no formal water rights)
Fishing (no water rights)
e.g. Allocation and re-allocation As demand for water resources grows and the scope for supply side solutions decreases, issues of allocation & re-allocation are becoming more important
Land tenure: privatization of state land, re-distributive land reforms and markets…
E.g. Increased interest in the use of markets for the re-allocation of water resources
Type of tenure arrangement in place
Bundled or unbundled rights (land and water tenure interface) (Australia case)
Who has rights vs who has “recognized” tenure? (Trees and tenure)
Defining Water tenure:Diagnostics 2- Zoom in on specific issues
Comparing water tenure with land tenure
Differences include The nature of the resources (solid/fluid, variability of water resources over time time Measurement and demarcation Cannot occupy water Different nature of overlapping claims… but maybe this suggests that tenure is more important for water than for land?
Comparing… (2)
The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to water resources
Key message:
Yes there are differences between land tenure and water tenure but are deeply connected
Security
Equity◦ Why should certain types of
tenure (and thus uses) benefit from greater legal security?
◦ How are decisions made about water tenure
◦ Who benefits from certain types of tenure arrangement?
Sustainability
Efficiency
Water tenure
Water tenure is the relationship, whether formally or customarily defined
between people, as individuals or groups, with respect to water resources.
Put another way water tenure is rather like land tenure. Just as different
people and communities have all kinds of overlapping and inter-linked
relationships relating to the use of land (such as ownership rights, lease
rights, use rights, customary rights, rights of way, mortgages and on) they
also have a wide range of different relationships with water resources.
Water tenure
Water tenure is the relationship, whether formally or customarily defined
between people, as individuals or groups, with respect to water resources.
Put another way water tenure is rather like land tenure. Just as different
people and communities have all kinds of overlapping and inter-linked
relationships relating to the use of land (such as ownership rights, lease
rights, use rights, customary rights, rights of way, mortgages and on) they
also have a wide range of different relationships with water resources.
Defining Water tenure:Diagnostics 3- Benchmarking tenure
The WT Study Methods: Rapid SOAP on Water Tenure
SUBJECTIVE Step 1: FRAMING: Mapping of water tenure arrangements
OBJECTIVE Step 2: MEASURING Actual water use through water accounting
ASSESSMENT Step 3: DIAGNOSTIC Benchmarking water tenure arrangements for key criteria EQUITY, security and sustainability, efficiency)
a. Inductive approachb. Deductive approach
PLAN Step 4: PLAN Treatment: Entry point and Tools for Intervention
Upper Guadiana basin
1ST = social justice
EQUITY IN ACCESS AND USES
BENCHMARKING TENURE: The farmers view from the ground up …
Bundled rights- water tied to land (Roman principle of accession). Different types of rights: -private waters and Section B are linked to land private waters and Section B are linked to land
-“40 years ago they gave the water to the owners of the land, so now small farmers have to “rent” the water”
(Farmer Village Western Mancha aquifer). -i.e. land owners (often absentee/large plots) obtained the water rights thanks to the small renter farmers that had rented the land to irrigate.
“It is not possible that some have water rights for 200 ha and some have zero”. Vs “large percentage of the water rights, and land with water rights, which often do not irrigate (sleeper rights)”
Looking at relationships (water tenure) opens a door on understanding the social dynamics with the resource...
WATER RIGHTS AND EQUITY
Initial allocation of rights to land owners
bundled water rights + closure resource + power)
= Legal NOT equitable
set a chain reaction in the future for informal use….
WATER TENURE AND EQUITY
Brings all uses on the table – non-judgamental/normative
New space to discuss equitable flow of benefits from the resource (including the environment?)
(Dis-benefits and) benefits of thinking in terms of water tenure
A new concept and now is not the time for new concepts Too complex and theoretical Only of interest to lawyers Why talk about water tenure when we always talked about water rights?
The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to water resources
• Holistic – shows things as they are
• Non-prescriptive• A more sensitive & nuanced
approach• Inter-resource coherence• Focus on users
Conclusions Water tenure exists, has always existed and will always exist even if we choose not to recognize it
For water users it is the only thing that matters
Sector reforms that fail to take account of water tenure will continue to underperform
The real question is not ‘should we take water tenure seriously’ but rather, at a time when business as usual is not an option, ‘can we afford not to pay attention to water tenure?’
The Water Tenure StudyFinal Report + Executive Report + 2 case study annexes + Briefing Sheet
INTRODUCTION
RATIONALE, APPROACH AND OBJECTIVES FOR CASE STUDY
PART 1: WATER TENURE IN SPAIN1.1. LEGAL FRAMEWORK
PART 2. ANALYSIS OF WATER TENURE2.1. ANALYSIS MAPPING OF WATER TENURE IN SPAIN: MAIN ISSUES
2.2. DRAFTING AND DESIGN OF LAWS, REGULATIONS AND PROCEDURES
2.3. THE CREATION AND OVERSIGHT OF A MODERN WATER RIGHTS
REGIME
2.4. BENCHMARKING WATER TENURE: SECURITY, EQUITY AND
SUSTAINABILITY
PART 3: WATER ACCOUNTING3.1.DEFINITION AND CONCEPTUAL FRAMEWORK IN WATER ACCOUNTING
3.2. STATE OF THE ART ON WATER ACCOUNTING
3.3.RAPID WATER ACCOUNTING (BASIN OR SUB-BASIN)
3.4. “USER-ORIENTED” WATER ACCOUNTING (CASE STUDY)
CONCLUSION
CASE STUDY 1: RIAZA RIVER IN DUERO RIVER BASIN
CASE STUDY 2: MANCHA OCCIDENTAL GROUNDWATER BODY
The WT study: case studiesDUERO:
IRRIGATION MODERNISATION PROJECT
GUADIANA:
INTENSIVE GROUNDWATER USE
Guadiana tenure of uses
Duero Tenure of uses
WHAT NEXT? InstitutionalGovernance of water Tenure + PEA of water tenure
SOAP Step 4 PLAN
Institutional arrangements for water tenure Task 4.1.1: Brief description of institutional arrangementsTask 4.1.2: Relevant past, present and future reforms
Policy coherence and water tenure - Brief description policies outside the water sector
Task 4.2.1: A brief description of policies from outside of the water sectorTask 4.2.2: How these impact water tenureTask 4.2.3: An assessment of policy coherence.
Decision making in water tenure (water allocation) incl. PEA
Task 4.3.1: Are the decision equitable, transparent, etc.?Task 4.3.2: How are conflicts resolved?Task 4.3.3: What are the incentives and disincentives for effective decision-making?
Plans for allocation, re-allocation and de-allocation
Task 4.4.1: Proportion of total water use for each type of water tenure relationship that exceeds available supply in time and spaceTask 4.4.2: (initial) discussion regarding solutions and methodologies for reducing water consumption.
Step 5: REFLECT Task 5.1. potential benefits and constraints to a water tenure approach
Discussion and Group Work
The end
