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<Planning and Management of Lakes and Reservoirs:
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CHAPTER 3. POLICY, INSTITUTIONAL, AND REGULATORY FRAMEWORK

3.3. Basic Principles

3.3.1. International Experience

Mar del Plata 1977, Dublin 1995, Río de Janeiro 1992, and many other renowned international meetings are milestones at which the basic understandings, such as rational use of water; integrated management of water resources; watershed as a basic planning unit; social and economic value of water; the role of water in ecosystem protection; etc., have been achieved. Therefore, all these principles, together with the need for sound management tools, such as proper regulatory frameworks, clean technology incorporation and transfer; environmental education; public participation; access to information; economic and financial instruments; promotion of sustainable practices; etc., have gained international consensus.

However, in many cases effective incorporation of these principles and tools into the policies, strategies, and legal and institutional frameworks of the countries remains to be achieved. It demands a strong commitment of the State authorities to agree upon, rule, and enforce laws that in emerging economies are suspected to constitute a barrier for investment and private sector initiatives and competitiveness. When this top level commitment fails to develop, short-term needs outweigh the time needed to build sound and stable legal and institutional frameworks, and it is extremely difficult to fill the gaps for middle level organizations in the governmental structure. This is due to the lack of their authority, resources, and capacity to fulfil the planning and enforcement role.

On the contrary, as long as these principles become embedded at the highest level in the fundamental laws of the institutional framework, the issuing of policies, strategies, initiatives, regulations, and management tools to achieve the desired goals will become more expeditious for the society. This will also contribute to foster regional cooperation and agreements regarding the use of shared water resources, either at the regional level, as in the case of international watersheds, or at the sub-national level, as in the case of multi-jurisdictional watersheds shared by provinces, counties, departments or municipalities, according to the political administrative organization of the countries.

Generally, the highest legislative level or fundamental law is the Constitution. The Constitution is the primary way to picture the present values of society as well as the general standpoint of what will happen in collective life. In many countries, the environmental concerns have normally found their place in the programmatic part of constitutions. The principles expressed in their constitutions, follow and are limited, in general lines, to the first principle of the Stockholm Declaration (1972). Principles concerning Water Resources Management set out by the above mentioned international meetings have not reached so far. They have had a generalized recognition by most countries but they will not be enforceable as long as they are not effectively incorporated into an International Convention or into the legislative structure of each country.

Box 3.1 presents a partial set of "principles" underlying sound management of water resources compiled from chapters on freshwater resources which appeared at many relevant international meetings, most of them devoted to environment or Water Resources Management. They broadly refer to the vital essence of water for human life and aquatic ecosystems and, consequently, the State responsibility for its protection, the need for an integrated management approach, the value of water, and stakeholder participation for sound water management.

Dublin's principles stand out among them because of their extended and complete recognition. Coupled with UNCED's statement about integrated Water Resources Management and considered in the context of sustainable development, they summarize in few words the worldwide learnings of the previous decades.

Box 3.1 Principles Underlying Sound Management of Water Resources

Water is essential for life

a) Fresh water is a finite and vulnerable resource, essential to sustain life, development, and the environment

Integrated management of water resources

b) Integrated Water Resources Management is based on the perception of water as an integral part of the ecosystem, a natural resource and a social and economic good, whose quantity and quality determine the nature of its utilization. To this end, water resources have to be protected, taking into account the functioning of aquatic ecosystems and the perenniality of the resource, in order to satisfy and reconcile needs for water in human activities. In developing and using water resources, priority has to be given to the satisfaction of basic needs and the safeguarding of ecosystems. Beyond these requirements, however, water users should be charged appropriately.

c) Integrated Water Resources Management, including the integration of land- and water-related aspects, should be carried out at the level of the watershed or sub-watershed.

d) Governments are responsible to provide integrated water management and ensure the conservation of resources and the social function of water.

Value of water

e) Each person should be entitled a minimum amount of water, considering it both a social and economic good.

f) Water has an economic value in all its competing uses and should be recognized as an economic good.

g) There should be an account for the social, environmental, and economic value of water.

h) Water should be regarded as a finite resource having an economic value with significant social and economic implications reflecting the importance of meeting basic needs.

i) The economic valuation of water, in addition to market price, should include externalities associated with environmental conservation and the sustainability of natural resources.

Water needs to be protected

j) Land and water need to be protected from the long-term degradation that threatens food production, aquatic ecosystems, human health, and biodiversity.

k) Natural resources of the basin should be protected as a means of conserving water resources.

l) It is the State's responsibility to establish standards for both water quantity and quality.

m) All damages to the environment will be compensated for and remedied by the polluter, which should not be interpreted as a right to pollute (polluter pay principle).

Stakeholders participation

n) Decisions are to be taken at the lowest appropriate level, with public consultation and involvement of users in the planning and implementation of water projects.

o) Water development and management should be based on a participatory approach, involving users, planners, and policy makers at all levels.

p) Women play a central role in the provision, management and safeguarding of water.

Sources: International Conference on Water and the Environment Development Issues, 1992; United Nations Conference, 1992; Conference on Water Resources Assessment and Management, 1996; OAS, 1996; Comprehensive Assessment of the Freshwater Resources of the World, 1997.

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