T8 - Conceptualizing water tenure

17 December 2013

Land & Water Days

Amman, Jordan 17 December 2013

- VGGT adopted on 11 May 2012

- Water was not included following discussions within FAO

- Reasons included:- Physical differences - Intl. dimension- Occupation- Public/private- Allocation/markets

Thinking about ‘water tenure’

• ‘Water tenure’ – effectively a new term

• In contrast, ‘land tenure’ is well established. A widely used definition provided by FAO is:

The relationship whether legally or customarily defined between people, as individuals or groups, with respect to land

• In practice … property rights in the form of land ownership rights, use rights, lease rights, etc.

• But land tenure is more than just rights, claims on land…its also the relationship between people

Scope of water tenure

• Formal water rights. Historically linked to land tenure rights but now typically created on the basis of a concession/permit/licence. Based on state ownership of water resources. Long term (typically 10-25 years). May be costly to obtain. Usually for large scale uses. Possibility to trade rights

• Small scale or de minimis uses – small scale, non-commercial uses. Exempted from the need to obtain a permit BUT no legal security

Scope of water tenure

• Customary/local law rights – may be ancient, may be new. Do not always ‘fit’ well with formal legal rules. May be linked to customary land tenure rights

• Irrigation rights of farmers on irrigation schemes that are managed by third parties (egirrigation agency, water user association (WUA)). Right to a service.

Scope of water tenure

• Informal/illegal use of water – a legal or a socio-economic issue

• Non-consumptive use for fisheries/livelihood activities eg fishers may have rights to catch fish but not to the water

• Cultural/aesthetic/recreational uses of water

• Water for the environment

Defining ‘water tenure’

The relationship whether legally or customarily defined between people, as individuals or groups, with respect to water

However…• Human right to water• Water supply

A revised definition with a reference to water resources

The relationship whether legally or customarily defined between people, as individuals or groups, with respect to water resources

Key issues: claims on water resources – how to allocate water among different use types and different types of tenure arrangement

Why talk about water tenure and not just water rights?

Water tenure enables us: • to gain a systematic & holistic understanding of the relationship between

people & water resources • to understand the situation as it is• puts people at the heart of integrated water resources management• to look at rights & institutions together and to assess implementation• to examine the inter-relationship between water tenure & tenure of land

& other resourcesMoreover – water tenure - has a political resonance that water rights simply do not have in many

countries - means examining the only question that actually really matters to water

users of all types – will I get my water?

Evaluating water tenure arrangements

Importance of promoting secure, sustainable and equitable water tenure in terms of promoting investment, raising incomes in rural areas, preventing conflict ….

First step: identify and evaluate water tenure arrangements by reference to:• Security • Sustainability• Equity

D. Water tenure & water governance

Secure, sustainable, equitable water tenure arrangements

Effective water governance

Two relevant levels of water governance• Water governance in terms of water resources

management• Water governance relating to the use of a

shared resource (eg a WUA)

Principles• Accountability• Transparency• Participation• Integration

Possible FAO action on water tenure

• High level voluntary guidelines on water tenure

• Technical guidelines on:

– formal water rights, de minimis rights irrigation, customary tenure etc

– Cross cutting issues - data & information, gender, water administration etc

Possible steps to strengthen water tenure at the national level

• Water tenure assessment• Water tenure policy• Implementation: data & information, human &

other resources, policy & legislative review, legislative reform, support to water users/civil society…

• Dialogue: we do not have ready solutions to all of the challenges we face

• But the main point is surely that water tenure exists … we just haven’t talked about it

Thank you!