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Newsletter and Technical Publications
<Planning and Management of Lakes and
Reservoirs: An Integrated Approach to Eutrophication>
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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