The role of national and international law in the sustainable development of groundwater -

UNESCO-IHP TRANSBOUNDARY AQUIFERS HYDROGEOLOGY AND INTERNATIONAL LAW

The role of national and international law in the sustainable development of groundwater -

sustainable development of groundwater - Overview in Argentina

Ms Lilian del Castillo - Laborde

Ms. Lilian del Castillo Laborde

HYDROGEOLOGICAL REGIONS

1. INTERMOUNTAINOUS VALLEYS REGION 2. CHACO PAMPEANA PLAIN REGION

2. CHACO PAMPEANA PLAIN REGION 3 MISIONERA PLATEAU REGION

3. MISIONERA PLATEAU REGION

4. PATAGONIAN PLATEAU REGION

HYDROGEOLOGICAL REGIONS

O A O S A S G O INTERMOUNTAINOUS VALLEYS REGION

• INTERMITENT AQUIFERS FORMED BY UNCONSOLIDATED CLASTIC SEDIMENTS UNCONSOLIDATED CLASTIC SEDIMENTS

• HIGH PERMEABILITY AT THE FOOT OF THE MOUNTAINS

MOUNTAINS

• MEDIUM TO LOW PERMEABILITY IN THE MIDDLE OF THE VALLEYS

OF THE VALLEYS

• ARID AND SEMIARID CLIMATIC ZONE

• RECHARGE BY THAW RAIN AND RIVERS RECHARGE BY THAW, RAIN AND RIVERS

INTERMOUNTAINOUS VALLEYS REGION

• DISCHARGE TO:

A) INTERNAL BASINS, IN WHICH EVAPORATION IS THE A) INTERNAL BASINS, IN WHICH EVAPORATION IS THE ONLY NATURAL WAY OUT, LIKE IN THE PUNA REGION, CATAMARCA VALLEYS, USPALLATA DEPRESSION,

TUNUYAN VALLEY TUNUYAN VALLEY

A) WATER COURSES FLOWING INTO THE ATLANTIC

OCEAN: 1)THE ALLUVIAL PLAIN OF THE VALLEYS OF THE SAN FRANCISCO AND BERMEJO RIVERS 2)THE ALLUVIAL SAN FRANCISCO AND BERMEJO RIVERS; 2)THE ALLUVIAL VALLEYS OF THE SAN JUAN, MENDOZA, ATUEL AND

DIAMANTE RIVER SYSTEMS IN THE CUYO REGION; AND, 3) THE SOUTHERN PART OF THE ANDEAN RANGE

CHACO PAMPEANA PLAIN REGION

• CLASTIC SEDIMENTS EXTENDS THROUGH THE

MESOPOTAMIAN LITTORAL, THE CENTRAL PAMPA PLAIN, THE BUENOS AIRES PROVINCE AND THE METROPOLITAN AREA OF THE BUENOS AIRES CITY.

• THE WEATHER IS MOSTLY HUMID AND THE AQUIFER Q SYSTEMS ARE MAINLY RECHARGED THROUGHOUT RAINFALL INFILTRATION

• THE PUELCHES AQUIFER SYSTEM IS THE LARGEST U C S QU S S S G S GROUNDWATER RESOURCE. IT INCLUDES THREE OVERLAPPED AND INTERCOMUNICATED AQUIFERS:

- EPIPUELCHES OR PAMPEANO,EPIPUELCHES OR PAMPEANO, - PUELCHES, AND

- HIPOPUELCHES OR PARANA

MISIONERA PLATEAU REGION

• AQUIFERS INCLUDE LOW PERCOLATION BASALTS AND SANDSTONE.

SANDSTONE.

• THE REGION IS PART OF THE MEGA-AQUIFER CALLED GUARANI

• RAINFALL OF 1,600 mm YEARLY.

• ABSTRACTION WELLS COULD REACH 100m3/h, BUT THE PRODUCTION IS ERRATIC IN THE AREAO UC ON S C N

• RECHARGE FROM RAINFALL

PATAGONIAN PLATEAU REGION PATAGONIAN PLATEAU REGION

• IT STRETCHES FROM THE COLORADO RIVER TO TIERRA DEL FUEGO (LAND OF FIRE) AND INCLUDES ALL THE

PATAGONIAN PROVINCES OF ARGENTINA: NEUQUEN, RIO NEGRO, CHUBUT, SANTA CRUZ AND TIERRA DEL FUEGO.

NEGRO, CHUBUT, SANTA CRUZ AND TIERRA DEL FUEGO.

• THE WEATHER IS ARID WITH LITTLE OR NOT RAINFALL.

• AQUIFER SYSTEMS OF THE PATAGONIAN BASALTIC PLATEAU

• AQUIFERS HAVE DIFFERENT DEPTHS AND DIFFERENT WATER QUALITY

W QU

• ALMOST FLAT WATER TABLE

• GROUNDWATER DISCHARGES INTO SPRINGS AND RIVERS FLOWING TOWARDS THE ATLANTIC OCEAN

WATER LEGAL FRAMEWORK

• NATIONAL CONSTITUTION, 1853: Federal Republic, Section 1

• Section 41, para. 3: The Nation shall regulate the minimum protection standards, and the Provinces those necessary to reinforce them, without , y , altering their local jurisdictions.

• Section 124, para. 2: The Provinces have the original dominion over the natural resources existing in their territory

the natural resources existing in their territory.

• CIVIL CODE, Sections 2340,3 and 2518: public property of groundwater when it is suitable for general interest use.

• PUBLIC WORKS LAW, Statute # 13.064/1947; Decree # 1381/2001 on Water Infrastracture; Decree # 1173/2004 on Public Water and Sanitation Works

Sanitation Works

ENVIRONMENTAL WATER MANAGEMENT ACT

# 25688/2002

# 25688/2002

• Minimum environmental premises on preservation, exploitation and rational use of waters (Section 1)( )

• Basins are the water management unit (Section 2)

• Basins include surface and related underground water and shall not be divided (Section 3)

divided (Section 3)

• Water Basin Committees shall be set up for environmentally sustainable water management (Section 4)

F th f thi A t th f t

• For the purpose of this Act, the use of water encompass: … f) The placement and insertion of substances in groundwaters;

g) The intake, elevation and transportation on land of groundwaters, as

g) p g

well as their diversion;

h) The stagnation, deepening and diversion of groundwaters through facilities destined to or suitable for such purposes (Section 5)

National Agencies concerning Groundwater

• Undersecretary for Water Resources:

D l i h f d d

Deals with surface and groundwater resources

Carried out the Hydrogeological Map with the assistance of UNESCO IHP in 1990

UNESCO-IHP, in 1990

• National Institute for Water (INA): in charge of different projects for underground water

projects for underground water

• Regional Center for Underground Water (CRAS): local projects for cities and rural areas

projects for cities and rural areas

Provincial Legislation

• Buenos Aires Province Water Code (1998): Chapter IV deals with underground water and endorses surface water deals with underground water and endorses surface water rules; Water for irrigation is subject to concession (Section 59); the owner of the land can explore underground water, ); p g , unless water authority forbids it (Section 83)

• Jujuy, Salta, San Juan and La Pampa Provinces: Water j y p Acts dealing with surface and underground waters

• Neuquén and Río Negro Provinces: Rules for the

protection of underground water with reference to mining

and oil exploration and exploitation uses.

Provincial Legislation

• Mendoza Province, Statutes # 4,035 and # 4,036 / 1974:

the regulation of underground waters is independent of that the regulation of underground waters is independent of that of surface waters. Main features:

• 1 Abstraction subject to permit 1. Abstraction subject to permit

• 2. Concessions for special uses of underground water granted by Administrative Court

granted by Administrative Court

• 3. Concessions could be revoked by the Administrative Court for the protection of water resources p

• 4. Concessions are granted for ‘flow or volume’, and

recently became mandatory the installation of flow meters

Interjurisdictional Compacts

• Interjurisdictional Committees for the Colorado River, the Bermejo River the Limay Neuquén Negro Rivers among Bermejo River, the Limay-Neuquén-Negro Rivers, among others, were already established between riparian

provinces p

• The Committees deal with quantity and quality issues for surface and underground water g

• There are not special compacts for underground water

uses, allocation or protection

International Agreements

• Agreements on international water resources between Argentina and its neighbor countries:

its neighbor countries:

• With Chile: Specific Additional Protocol on Shared Water Resources,1991: general rules, no rules on groundwater

• With Bolivia: Bermejo River Commission, 1995. GEF Project with different programs since 2000. No rules on groundwater

• With Bolivia and Paraguay: Upper Pilcomayo River W o v a a d a aguay: Uppe co ayo ve Commission,1995. No rules on groundwater

• With Paraguay: Lower Pilcomayo River Commission. No rules on gro nd ater

groundwater

• With Brazil: Uruguay and Pepirí-Guazú Rivers, 1980. No rules on groundwater

Source of information: GIWA Regional Assessment 38 - 2004

International Agreements

• With Uruguay: Uruguay River Administrative Commission, 1975

.

l d t

rules on groundwater

Río de la Plata River Administrative Commission, 1973. No rules on groundwater

• With Bolivia, Brazil, Paraguay and Uruguay: Río de la Plata Basin Treaty and Intergovernmental Committee, CIC, 1969. No rules on groundwater

g ou dwa e

The Framework Project for Sustainable Management of the Water Resources of the Plata Basin – GEF/FMAM/OAS- incorporated the assessment of ndergro nd ater c rrentl nder implementation assessment of underground water currently under implementation

Wrap up

• The inventory of underground water has not been completed in the country

country

• The limits of and the interrelationship between aquifers are mostly unknown

• The relationship between surface and underground water is largely unkown

• Underground water is an incidental topic in many statutes on water U de g ou d wa e s a c de a op c a y s a u es o wa e resources

• Recent national environmental statutes govern groundwater

• A number of Provinces regulate groundwater in its water legislation

• There are no interjurisdictional compacts or international agreements completely or partially concerning underground waterp y p y g g