Water, tenureandequity Dr Elena lopez Gunn Directoricatalist, spainand cheneyfellow, universityofleeds, UK
Plan for theSession 1. PART 1: Whatiswatertenure? Watertenureandequity in watergovernance” Dr Elena Lopez-Gunn, ICATALIST andwater@leeds 2. PART 2: Geographical case studies: “ WaterTenure in India”byDrViju James Honorary Visiting Professor, Institute of Development Studies, Jaipurand Founding Director, Pragmatix Research & Advisory Services “Watertenure in South Africa” byEimanKarar, WaterResources Commission, South Africa 3. PART 3: Thematic case studies: “ Bundlingandunbundling: landandwatertenure”Professor Jennifer McKay, Universtyof South Austrlia “Legal, alegaland ilegal” Dr Judith Dominguez, Colegio De Mexico 4. PART 4: Debate anddiscussion
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
Introduction • Background • Defining water tenure • Diagnostics 1- Preliminary typology of water tenure (all uses,) • Diagnostics 2- Zoom in on specific issues e.g. allocation (land and water tenure) • Diagnostics 3- Benchmarking tenure –equity e.g. framing informal water use • Benefits/added value • Conclusions and Next steps
Background • Table of contents of the draft paper • Introduction • Land tenure (what is tenure?) • Conceptualizing water tenure • Tenure type & type of use • Re-visiting land tenure • Issues of allocation & re-allocation • Comparing different types of water tenure • Water tenure and governance • (Disbenefits and) benefits of thinking in terms of water tenure • What could be done with water tenure • Conclusions Background: 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 • Meeting at FAO in May 2013 & outcomes: • Preparation of the three case studies (India, South Africa & Spain) and a more conceptual thin piece • 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
Definingwatertenure • = ‘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.
Definingwatertenure 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 • Traditional formal water rights • Modern formal water rights • Regulatory licensing • Agency hegemony • Water supply contracts • Commonhold water tenure • Investment contract rights • De minimissmall scale uses • Regulated free uses • Customary water tenure • Religious law • Informal tenure • Assumed and impossible rights • Un-recognized tenure • Reserves minimum flows • Other..
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
Forest (normally no waterrights- except Australia?) Drylandagriculture (no waterrights) Illegalirrigatedagriculture (no formal waterrights) Wetland (often no formal waterrights) Canoeing (no waterrights) Fishing (no waterrights) Layersof green and bluewater uses- tenurerelationships Can secure tenure help to achieve more equitable outcomes?
Defining Water tenure:Diagnostics 2- Zoom in on specific issues 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)
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) Key message: Yes there are differences between land tenure and water tenure but are deeply connected • The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to water resources
Defining Water tenure:Diagnostics 3- Benchmarking tenure 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. • 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
EQUITY IN ACCESS AND USES UpperGuadiana basin • Bundled rights- water tied to land (Roman principle of accession). • Different types of rights: • 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)” BENCHMARKING TENURE: The farmers view from the ground up … 1ST= social justice
Looking at relationships (watertenure) opens a dooronunderstandingthe social dynamicswiththeresource... Waterrights and Equity WaterTenure 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?) • Initialallocation of rights to landowners • bundledwaterrights + closureresource + power) • = • Legal NOTequitable • set a chain reaction in the future for informal use….
(Dis-benefits and) benefits of thinking in terms of water tenure • Holistic – shows things as they are • Non-prescriptive • A more sensitive & nuanced approach • Inter-resource coherence • Focus on users • The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to water resources • 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?
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?’
ThankYou/Obrigado/Gracias Let´s do somecollectivethinking! elopezgunn@Gmail.com
TheWaterTenureStudyFinal Report+ ExecutiveReport + 2 case studyannexes + BriefingSheet • INTRODUCTION • Rationale, approach and objectives for case study • PART 1: WATER TENURE IN SPAIN 1.1. LEGAL FRAMEWORK • PART 2. ANALYSIS OF WATER TENURE 2.1. 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 ACCOUNTING 3.1.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 studies DUERO: IRRIGATION MODERNISATION PROJECT GUADIANA: INTENSIVE GROUNDWATER USE
Discussion and Group Work The end