Management of transboundary water resources for water security; principles, approaches and State practice

Increasing water scarcity and stress are leading many nations to securing supplies for present and future water uses. National objectives are more and more pointed towards water security and the close links with food security and other macro-economic and sectoral aspects. Water security is seen as an important aspect of national and regional security and international positions on water often have a political dimension that reflects broader national objectives. Available options for sharing transboundary resources are established on the basis of general legal principles such as equitable utilization and absence of appreciable harmful transboundary effects downstream and others such as established historical utilization. These principles and doctrines must be fully understood by the advisers serving on the negotiating teams of international water treaties and agreements. From these perspectives, the paper recognizes the importance of the structural and strategic uncertainty in international relations. Co-ordination or harmonization of national policy, as an integrated part of, and administrated under existing frameworks for, regional co-operation are proposed as realistic, efficient and practicable approaches, alternative to more intensive co-operation and complicated planning and coordinating mechanisms. The article also highlights the need for training of legal specialists in countries which contemplate negotiating or re-negotiating water treaties or agreements.     

Development of the Chesapeake Bay Watershed Total Maximum Daily Load Allocation

Nutrient load allocations and subsequent reductions in total nitrogen and phosphorus have been applied in the Chesapeake watershed since 1992 to reduce hypoxia and to restore living resources. In 2010, sediment allocations were established to augment nutrient allocations supporting the submerged aquatic vegetation resource. From the initial introduction of nutrient allocations in 1992 to the present, the allocations have become more completely applied to all areas and loads in the watershed and have also become more rigorously assessed and tracked. The latest 2010 application of nutrient and sediment allocations were made as part of the Chesapeake Bay total maximum daily load and covered all six states of the Chesapeake watershed. A quantitative allocation process was developed that applied principles of equity and efficiency in the watershed, while achieving all tidal water quality standards through an assessment of equitable levels of effort in reducing nutrients and sediments. The level of effort was determined through application of two key watershed scenarios: one where no action was taken in nutrient control and one where maximum nutrient control efforts were applied. Once the level of effort was determined for different jurisdictions, the overall load reduction was set watershed‐wide to achieve dissolved oxygen water quality standards. Further adjustments were made to the allocation to achieve the James River chlorophyll‐a standard.     

What is Fair and Equitable Benefit-sharing?

“Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analyzing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers.     

The evolution of community water governance in Uchira, Tanzania: The implications for equality of access, sustainability and effectiveness

Community participation, ownership and cost sharing are key components of Tanzania's water policy, in common with the broad international consensus on water governance. However these policy goals are difficult to achieve, beset with paradoxes and their benefits may be overstated, both in terms of efficiency of resource management and equality of outcomes. This article draws on longitudinal ethnographic research of a village water supply in Tanzania to explore two issues: the contested nature of community ownership and the complex evolution of a ‘community‐owned’ institution. The evidence from the Uchira Water Users Association leads us to question some of the simplistic assumptions made concerning the capacity of local communities to manage service delivery and to balance equity and sustainability principles. The limitations of ‘bottom‐up’ and demand led approaches need to be recognised without discrediting their potential for challenging inequalities. The article concludes with a consideration of some of the tensions in community‐driven development, which raises some important questions about the role of the State and external agencies in setting and enforcing equity criteria in community‐managed initiatives.     

Equity and productivity assessments in the Olifants River basin, South Africa

Emerging approaches to water resources development and management typically highlight equity and productivity as two main objectives. In the context of integrated water resources management within a river basin, managers and stakeholders often need a comparative assessment of different options for water augmentation and/or allocation. Pitting such options against predefined objectives, such as equity and productivity, requires an assessment of the effects that available options will have on these objectives. Available documentation indicates that not only does the interpretation of such objectives vary widely, but also the available methods for assessing equity and productivity run into significant limitations in the availability of adequate data. This limitation has largely kept decision makers from gaining a comprehensive overview of equity and productivity scenarios, whether within or across sectors, that could facilitate better‐informed decisions. To address this methodological gap, this article scrutinizes different notions associated with equity and water productivity, and limitations in prevalent assessment methods with the view to develop and demonstrate pragmatic methodologies for assessing equity and productivity in data‐scarce contexts. The discussion and findings are based on a review of relevant literature and empirical and consultative research work in the Olifants River basin in South Africa. The demonstrated methodologies for assessing equity and productivity, besides being useful in data‐scarce contexts, are insightful for initiating several policy measures and also for exploring the relationship between equity and water productivity.     

Building the role of local government authorities towards the achievement of the human right to water in rural Tanzania

In recent decades, many changes have occurred in the approach to financing and operating water services in developing countries. The demand‐responsive approach is now adopted in many countries in a context of donor‐supported decentralization processes, which gives more responsibility to end users. However, the government's responsibility at different levels is enforced by the international recognition of the human right to water. This paper examines specific actions that build the role of local government authorities in this scenario. A collaboration between an international NGO and a rural district in Tanzania from 2006 to 2009 is used as an action research case study that is representative of local capacity‐building needs in decentralized contexts and rural areas. Three main challenges were detected: i) lack of reliable information; ii) poor allocation of resources in terms of equity; and iii) lack of long‐term community management support from the district. Two mechanisms were established: i) water point mapping as a tool for information and planning; and ii) a District Water and Sanitation Unit Support (DWUS) for community management. The results show how the framework provided by the goal of human right to water helps to define useful strategies for equity‐oriented planning and post‐project support at the local level.     

Reducing conflict over the Danube waters: equitable utilization and sustainable development

This paper develops the idea that the principle of equitable utilization must be applied in concert with sustainable water use not only in the resolution of specific disputes but in the cooperative management of water resources in general. It illustrates this point with two different cases involving the use of the Danube River. The first is the conflict over the Gabcikovo Nagymaros Dam, which now rests before the International Court of Justice. The author argues that a narrow legal ruling that fails to take into account broader issues of equitable utilization as they relate to sustainable development will not satisfactorily address the long-term questions at stake between the parties. The second involves the situation in the Danube Delta where the potential for conflict exists, but may be minimized through the convention and institutional framework developed to address the environmental degradation and pollution of the Danube River basin, which is based in part on the principle of equitable utilization and the goal of achieving more sustainable water use. The paper provides a brief overview of the geographical features of the Danube River and international water law. It then explores the principle of equitable utilization and sustainable water use in light of the two cases and discusses the implications for the resolution and management of conflicts involving internationally shared water courses.     

Community Governance for Sustainability: Exploring Benefits of Community Water Schemes?

Water scarcity is increasing internationally and now is also affecting the natural water resources of New Zealand. This paper explores two solutions at a local level—water-storage and water-sharing regimes—that address the problems of water scarcity and competition for water, towards more sustainable development. Both systems show positive effects on the local economy and for the local community, providing additional jobs to the region and increasing the value added. Environmental benefits mostly relate to a lessening of the impacts of water abstraction by keeping flow volumes above minimum requirements. Locally operated water-storage and water-sharing schemes thus can provide excellent governance strategies for water management, ensuring that local interest and issues are addressed adequately.     

Water Nakba in Palestine: Sustainable Development Goal 6 versus Israeli hydro-hegemony

This Viewpoint article argues that Sustainable Development Goal 6, which aims to ensure the availability and sustainable management of water and sanitation for all, cannot be achieved for the Palestinian people under the current political situation of Israeli occupation. Through the practice of hydro-hegemony, Israel controls all water resources in Israel and the Occupied Palestinian Territory, thus denying water sovereignty to the Palestinians. This is demonstrated through three case studies: The Jordan Valley; the West Bank settlements; and Gaza. The politics of water in Israel and the Occupied Palestinian Territory is best understood as part of the dynamics of settler colonialism, in which ethnic cleansing is achieved through the dispossession of essential resources. The authors discuss what role the international scientific community can play in supporting Palestinian water sovereignty and therefore SDG 6.     

The need for flexibility in freshwater treaty regimes

Shrinking freshwater supplies pose particular threats in international drainage basins, which serve some 40% of the global population and account for around 60% of the world's river flows. The use and management of these basins are increasingly governed by treaties between the riparian states. While the rules of international law, properly understood, are sufficiently flexible to permit adaptation to changing conditions such as development, population growth and climate change, treaties are essentially rigid instruments that are modifiable only under certain limited conditions. Countries should take this fact into account in designing the regimes to govern their shared freshwater resources, including joint management institutions.     

Benchmark Criteria: A Tool for Selecting Appropriate Models in the Field of Water Management

A milestone in the field of European water protection policy is the European Union’s Water Framework Directive (WFD), which came into force in December 2000 and which integrates the management of European waters in many ways. In this study, we start by focusing on management issues connected to the implementation of the WFD and pose a question: “what type of models would be the most suitable for use in the context of the WFD?” With this question in mind, we aim to establish a set of operational and functional selection criteria for (computer) models whose application is intended to support decision-making related to a particular water management issue. These so-called “benchmark criteria” should help water managers and other model users in choosing appropriate models, e.g., for the WFD implementation purposes. We first describe models and their use in general and then propose an approach for setting the benchmark criteria for models, basing it on the concept of uncertainty management, while keeping firmly in mind the important role of citizens and citizen organizations in water management. The suggested benchmark criteria are in the form of 14 questions through which each model can be evaluated. Finally, the process for testing and refining the benchmark criteria is highlighted.     

Water as an economic good

There has been much debate in recent years about whether or not water should be regarded as an 'economic good', and, if so, what this implies. This paper discusses both water resources in general and the more specific issue of domestic water supply within the context of current debates on sustainable development. It addresses some practical and some more philosophical aspects of the matter, and how these relate to the concerns of different international organisations involved in the sector. It argues that water should be regarded as an economic good, but in a broad rather than a narrow, 'economistic' sense.     

Ethical Considerations in Agro-biodiversity Research,Collecting, and Use

Humans have always played a crucial role in the evolutionary dynamics of agricultural biodiversity and thus there is a strong relationship between these resources and human cultures. These agricultural resources have long been treated as a global public good, and constitute the livelihoods of millions of predominantly poor people. At the same time, agricultural biodiversity is under serious threat in many parts of the world despite extensive conservation efforts. Ethical considerations regarding the collecting, research, and use of agricultural biodiversity are currently topics of great concern. For example, easy access to genetic resources for breeding purposes is important, but international agreements and legal frameworks are necessary to ensure adequate recognition of the contributions of local communities and traditional farmers in creating and nurturing these resources. Here, we assess ethical principles in the context of existing codes of conduct that are relevant for agro-biodiversity researchers. We aim to create awareness among scientists and policy makers who are concerned with agro-biodiversity research and its potential impact on local communities. We encourage a serious assessment of the ethical principles presented here and hope to facilitate an integration of these principles into the reader’s personal ethical framework. Key ethical principles considered here include the importance of obtaining prior informed consent, equity, and the inalienability of rights of local communities and farmers.     

Coming to the table: collaborative governance and groundwater decision-making in coastal California

Collaborative governance is on the rise in the United States. This management approach brings together state and non-state actors for environmental decision-making, and it is frequently used in California for decisions regarding local groundwater management. This study examines groundwater decision-making groups and practices in a central California coastal community to understand whether groups meet specific collaborative governance criteria and whether and why certain subsets of the population are excluded from groundwater decision-making practices. It also identifies actions for better group inclusion. We find that small farmers, the Hispanic/Latino community, and the general public are often excluded from groundwater decision-making groups and practices due to unawareness, mistrust, and insufficient resources. Education and awareness as well as incentives could help increase inclusion. This study provides insights into more equitable groundwater decision-making groups and practices, and also calls for more critical examination of the current stakeholder approach to decision-making.     

Institutional reform in the Andean irrigation sector: Enabling policies for strengthening local rights and water management

For centuries, local and indigenous water rights and rules in the Andean region have been largely neglected and discriminated against. The process of undermining local communities’ water access and control rights continues up to today and not only is it headed by powerful local, national and international water‐use actors encroaching local rights — it is also a direct consequence of vertical State law and intervention practices, and the latest privatization policies. Recognition of and security for the diverse and dynamic local rights and management frameworks is crucial for improving rural livelihoods and even national food security in Andean countries. At the request of the Government of Ecuador — in which at that time the indigenous movement had its political participation — a research mission was organized to formulate a proposal for institutional reform, aiming at the strengthening of the national irrigation sector. In this article, some basic mission results are outlined and analyzed within the scope of four concepts (institutional viability, political democracy, equity, and water rights security), and practical elements for institutional reform are suggested, not only for the Ecuadorian irrigation sector but also other settings. The complementary roles of central Government, local governments and water user organizations in water resources management are emphasized as is the need to strengthen enabling legal and policy frameworks. The importance of translating constitutional recognition of local and indigenous rights and common property systems into practical procedures and institutional structures is also stressed.     

Reducing groundwater pollution by toxic substances: Procedures and policies

One major source of water-related health problems is the improper disposal of toxic substances in the environment. Toxic materials leaching from unregulated and unlined pits, ponds, lagoons, and landfills have created a widespread environmental nightmare in the United States and many other parts of the world. At present, there are two major and interrelated components of this problem in the United States. The first is the issue of cleaning up abandoned disposal sites that pose actual or potential threats to water supplies. The second aspect of the problem concerns the necessity of siting proper management, treatment, or disposal facilities in the future. Priorities must be set to allow efficient, effective, and equitable allocation of the scarce resources that are available for accomplishing these tasks.This article examines a number of the issues involved in setting these priorities, and presents the results obtained from a study of risk estimation and evaluation in the context of groundwater contamination by toxic substances. The article introduces a new concept of risk estimation, which is shown to produce more accurate and credible risk analyses. Finally, the relationships between risk credibility and public perceptions of procedural fairness and equity are examined as these factors bear on the institutional aspects of implementing policies for site cleanup and/or facility siting.     

Water resources issues of small island developing states

The water resources of most small island developing states (SIDS) are often very limited and require special consideration to ensure that they are developed and managed in a sustainable manner. Many small islands, typically located in the humid tropics, have no surface water resources and rely on limited groundwater resources in the form of thin freshwater lenses. The exposed location of small islands makes them particularly vulnerable to natural disasters such as cyclones, floods and droughts. Pollution from population centres and from agricultural and other activities is an increasing problem. This article provides an overview of the water resources of small islands, and the main problems and issues related to water resources. Some suggested solutions, based on practical experiences, are offered for water resource assessment and monitoring programmes, and water resource development. Water resource policy, planning and management issues are also addressed, and suggested approaches for resolving some of the major water resource problems presented.     

Multi-level water governance – the case of the Morsa River Basin in Norway

Management of fresh water resources meets a range of often conflicting interests. Waterways usually run across political and administrative borders and hence make management difficult and collective action politically challenging. In order to meet these challenges, multi-level bioregional approaches to water management have been called for. Such an approach is institutionalised in the EU's Water Framework Directive (WFD). This paper presents the experiences of the Morsa water sub-district in southern Norway, a pilot for implementing the WFD. The paper discusses Morsa in the light of four principles for multi-level water governance: management on a bioregional scale; polycentric governance; public participation; and an experimental approach to water governance. Contrary to widely held assumptions that collective action in polycentric networks will be difficult because actors will follow their own narrow interests, the findings demonstrate how this is not an absolute truth, and how social action cannot be fully explained by rational action theories. The analysis concludes that the relative success of Morsa relates to a complex of factors, including openness of practices and active involvement of key actors, strong but including leadership, and a knowledge based ‘hybrid’ type of multi-level network combining horizontal and vertical network governance.     

Climate justice and energy: applying international principles to UK residential energy policy

This paper draws on climate justice principles developed in the context of international negotiations between national governments to assess the distribution of carbon reduction roles between different actors involved in residential energy use within the UK. In so doing, it aims to provide a new understanding of equity aspects of current residential policy and to highlight opportunities for more effective and equitable policy. The paper uses three criteria: rights and corresponding duties; mitigation responsibilities and capabilities. It applies them systematically to assess the roles of five key actors involved in residential energy use in the UK. The assessment finds a suboptimal distribution of actors’ duties, responsibilities and capabilities and roles and discusses whether and how a more effective and fair allocation of outcomes, in terms of carbon reduction and fuel poverty, could be achieved. In particular, it raises questions about whether the right actors are being legally obliged or incentivised to deliver energy efficiency improvements, and suggests that particular actors – local authorities and community groups – are under-used and require greater government support with capability. The paper represents the first use of international climate justice frameworks to investigate residential energy policy within a country.