REGIONS AND SOME CASE STUDIES REGIONS AND SOME CASE STUDIES ” ”

(1)

“ “ LEGAL AND GOVERNANCE ASPECTS IN LEGAL AND GOVERNANCE ASPECTS IN

GROUNDWATER MANAGEMENT IN CHILEAN ASA GROUNDWATER MANAGEMENT IN CHILEAN ASA

REGIONS AND SOME CASE STUDIES REGIONS AND SOME CASE STUDIES ” ”

Maria Ang

Maria Angéélica lica AlegríAlegríaa

Hydraulic Civil Engineer Hydraulic Civil Engineer

Head of Water Assessments Area Chilean Head of Water Assessments Area Chilean

Directorate of Waters Directorate of Waters

Chile Chile

(2)

WATER LAW

WATER LAW OF 1981 OF 1981

Socioeconomic scheme of market economy Socioeconomic scheme of market economy

L L egal egal regime of waters regime of waters strengthen water rights property strengthen water rights property and and free transference free transference of water rights to promote of water rights to promote water water rights markets

rights markets

Water rights are Water rights are separated from land ownership separated from land ownership

Can be freely Can be freely bought, sold, mortgaged, and transferred bought, sold, mortgaged, and transferred

Are Are granted free of charge granted free of charge whenever water is whenever water is physically and legally available

physically and legally available

No collections, nor specific taxes No collections, nor specific taxes over over water rights water rights

Legal and Governance Aspects in Groundwater Management in Chilea

Legal and Governance Aspects in Groundwater Management in Chilean ASA Regions and n ASA Regions and some Case Studies

some Case Studies

(3)

WATER LAW & GROUNDWATER WATER LAW & GROUNDWATER

Groundwater rights have by law a protection area Groundwater rights have by law a protection area

If exploitation of groundwater jeopardizes any If exploitation of groundwater jeopardizes any aquifer, the law has

aquifer, the law has provisions to avoid damage to provisions to avoid damage to the aquifer

the aquifer or to other water rights owners or to other water rights owners

A special provision was set in 1992 when the law A special provision was set in 1992 when the law was amended, to protect

was amended, to protect strengthen wetlands and strengthen wetlands and their aquifers in the

their aquifers in the Altiplano Altiplano

(4)

GROUNDWATER POLICY GROUNDWATER POLICY

some Case Studies

¾ ¾ SUSTAINABILITY SUSTAINABILITY

¾ ¾ WATER MARKET WATER MARKET

¾ ¾ INTENSIVE USE INTENSIVE USE

¾ ¾ TECHNICAL KNOWLEDGE INTO PRACTICE TECHNICAL KNOWLEDGE INTO PRACTICE

¾ ¾ COOPERATION AND JOINT WORK CULTURE COOPERATION AND JOINT WORK CULTURE

¾ ¾ INFORMATION & TRANSPARENCY INFORMATION & TRANSPARENCY

(5)

CURRENT SITUATION OF GROUNDWATER AND CURRENT SITUATION OF GROUNDWATER AND

AQUIFERS AQUIFERS

¾ ¾

Superficial water rights already allocatedSuperficial water rights already allocated

¾ ¾

Growing concern for the environment Growing concern for the environment

¾ ¾

Increasing demand for groundwaterIncreasing demand for groundwater

¾ ¾

Most aquifers in ASA regions are with water rights allocated in Most aquifers in ASA regions are with water rights allocated in their full hydrogeological capacity

their full hydrogeological capacity

¾ ¾

12 aquifers located in ASA regions have hydrogeological 12 aquifers located in ASA regions have hydrogeological simulation models

simulation models

¾ ¾

Wells cadastres in ASA regions within hydrographicWells cadastres in ASA regions within hydrographic basins have basins have been made

been made

¾ ¾

Enforcement of provisions to protect some aquifers in ASA Enforcement of provisions to protect some aquifers in ASA regions

regions

(6)

“Programa de difusión educativa de la Direción General de Aguas”

AQUIFERS AQUIFERS STUDIED STUDIED

AQUIFERS AQUIFERS MODELED MODELED

AQUIFERS AQUIFERS WITH SOME WITH SOME PROVISION PROVISION

(7)

CASE STUDIES CASE STUDIES

1. 1. Legal Protection of Northern Chilean Wetlands (vegas Legal Protection of Northern Chilean Wetlands ( vegas and and bofedales bofedales ) )

2. 2. Rural Water Supply in Chile Rural Water Supply in Chile

(8)

Legal Protection of Northern Chilean Wetlands Legal Protection of Northern Chilean Wetlands

( ( vegas vegas and and bofedales bofedales ) )

some Case Studies

¾ ¾

Water Law amendment of 1992 prohibited any groundwater Water Law amendment of 1992 prohibited any groundwater exploration & exploitation of aquifers associated to these wetla

exploration & exploitation of aquifers associated to these wetlandsnds

¾ ¾

Food & water supply for species in danger of extinction (vicuna,Food & water supply for species in danger of extinction (vicuna, guanaco, llama and alpaca, etc.)

guanaco, llama and alpaca, etc.)

¾ ¾

Only source for survival of Andean indigenous communitiesOnly source for survival of Andean indigenous communities

¾ ¾

Unique ecosystemsUnique ecosystems

¾ ¾

Since 1981 impact of Water Law extremely negative for northern Since 1981 impact of Water Law extremely negative for northern wetlands and their surroundings, they started to dry

wetlands and their surroundings, they started to dry

¾ ¾

Technical sTechnical studies & assessments to protect atudies & assessments to protect aquifers that originate quifers that originate wetlands

wetlands

¾ ¾

Planning & field work done with communities & governmental Planning & field work done with communities & governmental agencies

agencies

¾ ¾

5640 kms5640 kms²² of aquifers and 381 wetlands have the status of legally of aquifers and 381 wetlands have the status of legally protected &

protected &30.000 30.000 families and communities directly benefitedfamilies and communities directly benefited

(9)

¾ ¾

5640 kms5640 kms²² of aquifers and 381 wetlands have the status of legally of aquifers and 381 wetlands have the status of legally protected

protected

¾ ¾

30.000 families & communities directly benefited30.000 families & communities directly benefited

¾ ¾

Dissemination material (posters and brochures), about the Dissemination material (posters and brochures), about the importance of these wetlands and their protection, oriented to importance of these wetlands and their protection, oriented to productive development activities (eco tourism or ethno tourism)

productive development activities (eco tourism or ethno tourism) that that communities can perform

communities can perform

¾ ¾

Workshops with communitiesWorkshops with communities to promoteto promote material & to deepen material & to deepen knowledge about these type of wetlands

knowledge about these type of wetlands

(10)

some Case Studies

(11)

Rural Water Supply in Chile Rural Water Supply in Chile

¾ ¾

For 42 years the Government has built rural drinking water supply For 42 years the Government has built rural drinking water supply systems to solve rural health problems

systems to solve rural health problems

¾ ¾

Systems in place are managed by users themselves, which allow that Systems in place are managed by users themselves, which allow that today approximately 1,412,000 rural inhabitants receive drinking today approximately 1,412,000 rural inhabitants receive drinking water

water

¾ ¾

Long tradition of communities participation in rural areas sinceLong tradition of communities participation in rural areas since governments have developed programs to obtain a responsible governments have developed programs to obtain a responsible involvement of users in operation, managing and maintenance of involvement of users in operation, managing and maintenance of services

services

¾ ¾

TheThe technical solution is a collective distribution network suppliedtechnical solution is a collective distribution network supplied by by a local, superficial or underground water source (mainly a local, superficial or underground water source (mainly

groundwater) groundwater)

(12)

some Case Studies

¾ ¾

80% of the systems have groundwater as the main source, and from80% of the systems have groundwater as the main source, and from it, 95% of the systems are located in the arid and semiarid regi

it, 95% of the systems are located in the arid and semiarid regionsons

¾ ¾

Women play an important role in managing these systemsWomen play an important role in managing these systems

¾ ¾

Steps in a rural drinking water project are: an Steps in a rural drinking water project are: an hydrogeologichydrogeologic study study and the construction of the groundwater work (well, drain, etc.)

and the construction of the groundwater work (well, drain, etc.)

¾ ¾

Chile requires to institutionalise the sector, to ensure sustainabilityChile requires to institutionalise the sector, to ensure sustainability

(13)

NUMBER OF SYSTEMS PER REGION & PEOPLE SERVED NUMBER OF SYSTEMS PER REGION & PEOPLE SERVED

(14)

LESSONS LEARNT & CONCLUSIONS LESSONS LEARNT & CONCLUSIONS

some Case Studies

1.412.000 rural inhabitants receive drinking water (70% of 1.412.000 rural inhabitants receive drinking water (70% of rural population)

rural population)

Aspects involved in IWRM: technical, managerial, social, Aspects involved in IWRM: technical, managerial, social, cultural and coordinated work

cultural and coordinated work

Groundwater has been the main source for water supply Groundwater has been the main source for water supply in rural areas

in rural areas

Civil society was involved Civil society was involved (rural (rural communities) communities)

Construction of wells and water projects are done on Construction of wells and water projects are done on technical basis

technical basis

(15)

LESSONS LEARNT & CONCLUSIONS LESSONS LEARNT & CONCLUSIONS

Partnerships among government and civil society have Partnerships among government and civil society have been created and work well

been created and work well

Communities have developed entrepreneurial activities Communities have developed entrepreneurial activities related to the systems

related to the systems

At a national level universal access to an essential At a national level universal access to an essential service has been achieved

service has been achieved that allow sustainability and a that allow sustainability and a solution to get water

solution to get water

Challenges: to set an institutionality Challenges: to set an institutionality to have governance to have governance

that allow sustainability and a solution to get water rights

(16)

FINAL COMMENTS AND CONCLUSIONS FINAL COMMENTS AND CONCLUSIONS

some Case Studies

In the last years, groundwater has played a central role in In the last years, groundwater has played a central role in the supplying of new water demands, specially in arid

the supplying of new water demands, specially in arid and semiarid regions

and semiarid regions

Currently 100 aquifers located in the central and northern Currently 100 aquifers located in the central and northern part of the country, have mathematical models for

part of the country, have mathematical models for hydrogeological simulation and/or water balances hydrogeological simulation and/or water balances

In many aquifers water rights exceed the natural capacity In many aquifers water rights exceed the natural capacity of the source, so they could suffer in the short term of

of the source, so they could suffer in the short term of over exploitation

over exploitation

(17)

Need of some actions: organize groundwater users, Need of some actions: organize groundwater users,

promote collective management of aquifers, determine promote collective management of aquifers, determine

maximum acceptable rate of exploitation, aquifers maximum acceptable rate of exploitation, aquifers

artificial recharge, etc.

Active participation from users and stakeholders is Active participation from users and stakeholders is

fundamental to manage in a sustainable way the aquifers fundamental to manage in a sustainable way the aquifers

Construction of wells and water projects are done on Construction of wells and water projects are done on technical basis

technical basis

Challenges: to set an Challenges: to set an institutionality institutionality to have governance to have governance

that allow sustainability and a solution to get water rights

(18)

some Case Studies

Need of accurate a reliable information about the current Need of accurate a reliable information about the current situation and the evolution of exploitation levels

situation and the evolution of exploitation levels

Cadastres and monitoring networks are required to Cadastres and monitoring networks are required to

control intakes and water quality, managed and funded control intakes and water quality, managed and funded

whether by privates or public institutions or both whether by privates or public institutions or both

Partnerships: central element to develop a sustainable Partnerships: central element to develop a sustainable groundwater management, among civil society,

groundwater management, among civil society, governments at all levels, privates and academia, governments at all levels, privates and academia,

enhancing collaboration, knowledge and development of enhancing collaboration, knowledge and development of

new and better instruments and tools

(19)

REGIONS AND SOME CASE STUDIES REGIONS AND SOME CASE STUDIES ” ”

“ “ LEGAL AND GOVERNANCE ASPECTS IN LEGAL AND GOVERNANCE ASPECTS IN

GROUNDWATER MANAGEMENT IN CHILEAN ASA GROUNDWATER MANAGEMENT IN CHILEAN ASA