Resolving Water Conflicts in the Americas

1. Conflicts and Resolutions of Shared Waters in the AmericasAlfonso RiveraChief HydrogeologistGeological Survey of Canada 46th IAH 2019 World Congress Malaga, Spain, September 22-27, 2019

2. Conflicts and resolutions of shared waters To solve one of the grand challenges facing society today: energy, water, climate and food, natural scientists and social scientists must work together. For the water crisis, conflicts, challenges,or watersecurity, a new framework is required for bringing together hydrology and social sciences.

3. Conflicts and resolutions of shared waters Hypotheses: • Water problems and water conflicts may have solutions but no resolutions. • Peoples and cultures may stand or fall, not on the absolute amount of water, but on how equitably—politically, economically and socially—the system divides that resource. • Hydrology alone cannot solve water problems or resolve conflicts; social sciences need to be combined with hydrology.

4. Conflicts and resolutions of shared waters Conflicts on shared waters may arise on any of the following : • Rivers • Lakes • Wetlands • Aquifers Or a combination of these.

5. Examples from real, or apparent situations of conflicts of shared water in the Americas Mexico-U.S. CGSM in Colombia Costa Rica-Nicaragua Bolivia-Chile Brazil-Argentina-Paraguay-Uruguay

6. Bolivia-Chile: every litre counts • Dispute: 200 lps • Chile says: The Silala is surface water belonging to the Loa and Pacific basins • Bolivia says: The Silala is groundwater, emerging in Bolivia Bolivia Chile

7. Bolivia-Chile: every litre counts Bolivia Chile

8. Bolivia-Chile: every litre counts President Evo Morales of Bolivia at the GW source, 4500 m asl

9. Bolivia-Chile: every litre counts • 2016, Chile filed a complaint against Bolivia in the ICJ, claiming that the Silala is an international river and asserts its right to equitable and reasonable utilization (UN’s Watercourses Convention). • Bolivia claims ownerships of the water and demands payment from Chile for their use. • The applicability of Int. Water Law principles to the Silala will depend on how the Silalawatershed is described and categorized. • Expertise showed that the Silala springs are naturally occurring, but little is known about the extent, volume and flow, of an interrelated transboundary aquifer traversing the Bolivian-Chile border.

10. Brazil-Argentina-Paraguay-Uruguay:An unreachable governance system for the Guarani?

11. Brazil-Argentina-Paraguay-Uruguay: An unreachable governance system for the Guarani? A first period (2002–2010) of positive science collaboration of the four countries, culminated with the adoption of the GAA in August 2010. A second period (2010–2017)was marked by a slowdown in transboundary cooperation. During this period, Argentina and Uruguay, and later Brazil, ratified the GAA. A third phase emerged in 2018 when Paraguay ratified the GAA allowing it to enter into force. Future implementation of the GAA countries should build on the good practices,stemming from the first period of transboundary cooperation (science).

12. Brazil-Argentina-Paraguay-Uruguay: An unreachable governance system for the Guarani? No water conflicts, but issues of water security and sovereignty GAA designed to ensure multiple, rational, sustainable and equitable uses by the four countries sharing the TBA. Concerns about safeguarding sovereigntyand national interests initially discouraged governments to this agreement. A breakthrough in the implementation on the UN Law of Transboundary Aquifers.

13. Ciénaga Grande de Santa Marta, Colombia: same country, multiple stakes Colombia 5 km Alluvial Plain and Magdalena River on a Landsat image from 1987

14. Ciénaga Grande de Santa Marta, Colombia Multiple users / multiple stakes: Fishermen, Cattle ranchers, Banana plantations, Coal mines, Towns… Excessive wastes into the lagoon create anoxic conditions

15. Ciénaga Grande de Santa Marta, Colombia: same country, multiple stakes

16. Ciénaga Grande de Santa Marta, Colombia: same country, multiple stakes Government and stakeholders agreed and compromise in managing SW/GW for all. Integrated conceptual model of the SW/GW dynamics, and a detailed water balance.

17. Costa Rica-Nicaragua: is Google’s fault? Nicaragua Conflict zone Costa Rica Central America

18. Costa Rica-Nicaragua: is Google’s fault? Conflict zone 1 km

19. Costa Rica-Nicaragua: is Google’s fault? 1 km

20. Costa Rica-Nicaragua: is Google’s fault? Costa Rica v. Nicaragua • Based on a Google map, in 2010 Nicaragua claimed that the delta of Rio San Juan should form the new international border with Costa Rica. • Nicaragua began dredging a canal to force the river go through the area called Isla Portillos, marking the international boundary. • Google recognized its “minimum error” and corrected the satellite-based map. • Isla Portillosis a wetland listed in the RAMSAR convention fed by groundwater. • In 2011, Costa Rica filed a complaint against Nicaragua in the International Court of Justice. • The Court of Justice provided provisional measurements to assess the damages caused by the artificial canals. • In 2017 the Court of Justice ruled that Costa Rica had sovereignty over the whole northern part of Isla Portillo, the wetland.

21. Mexico-USA: so close and yet so far… 3 150 km of waters between Mexico and the USA: Two Rivers Colorado River Rio Grande

22. Mexico-USA: so close and yet so far… UNITED STATES MEXICO (Sanchez et al., 2016) 3 150 km of waters between Mexico and the USA: 11 transboundary aquifers, or are there 35?

23. Mexico-USA: so close and yet so far… Water security issues Tijuana San Diego El Paso Juarez

24. Mexico-USA: so close and yet so far… • Intensive use of GW on both sides of the international border. • Unsustainable water use practices. • Increasing water conflicts. • No international treaties or agreements concerning groundwater resources. • Different water-management and governance approaches.

25. Mexico-USA: so close and yet so far… • Asymmetries prevent full assessment, harmonization and shared management. • Scientific cooperation and social participation have succeeded in a few cases (Arizona/Sonora). • Mexico-US transboundary aquifers identified in the US do not correspond to those identified in Mexico. • Despite asymmetries, the US and Mexico have a long history of cooperation on water.

26. Summary Science Society Policy Int. Law enforcement Bolivia-Chile Groundwater – Solution – No resolution Water Conflict Guarani Trans aquifer • – Solution • – Resolution Water Security Science Political will Implementation CGSM, Colombia Wetland Water Crisis • – Solution • – No resolution Science Cooperation C. Rica-Nicaragua River-GW-wetland • – No solution • – No resolution • – No cooperation International law enforcement Water Conflict Mexico-US Aquifers • – Partial solutions • – No resolution Water Challenges • Asymmetries • Trust

27. Lessons learned • Conflictsarise with regard to access, allocation, development and management of water resources. • There is trust in scientific cooperation, less trust in political cooperation. • If involved from the beginning, society can play a very important role in resolutions. • A new framework is required for bringing together natural sciences (hydrology) and social sciences. • It should include include scientific, socioeconomic and political perspectives into an interdisciplinary socio-hydrology frame for resolving water disputes or disagreements. • A collaborative framework embracing the best science to facilitate optimum resolutions.

28. Final world Presentation based on the upcoming book: Conflicts and resolutions of shared waters in the Americas (Rivera, 2020) Water disputes can be addressed through a combined scheme of knowledge (science), social participation and policies (agreements). Water conflicts that go unresolved become more dangerous as water becomes more scarce and global population increases.