Legal Issues on Groundwater Legal Issues on Groundwater
in Paraguay in Paraguay
UNESCO IHP T b d if
UNESCO-IHP Transboundary aquifers Hydrogeology and International Law
UNESCO Headquarters Paris, 7-9 March 2005.
Presentation by Patricia Abed
Instituto de Derecho y Economía Ambiental (IDEA)
F A i P
From Asuncion, Paraguay
L l F k W t i P
Legal Framework on Water in Paraguay
• There is no Water Act covering all aspects in a holistic
l h h h 3 bill i d C Th
way, although there are 3 bills in study at Congress. There is a law dealing with drinking water supply and sewage, but it has not a single provision regarding groundwater.
but it has not a single provision regarding groundwater.
• There is no specific law or regulation addressing
groundwater issues The only legal provision is found in groundwater issues. The only legal provision is found in the Sanitary Code which prohibits groundwater’s
contamination, but a SEAM’s Resolution ruling over this g point does not differentiate between superficial water and groundwater.
• Paraguay did not adhere to the 1997 Convention on the Law of Non-Navigational Uses of International
W t
Watercourses.
G d t O hi Groundwater Ownership
• At present there are no clear legal rules on
• At present there are no clear legal rules on ownership of groundwater, but there is a bill about to become an act of Congress that g
expressly establishes the public ownership of all groundwater.
• This initiative originated after IDEA published an i ti ti t ti th t t i t ti l l l
investigation stating that at international level, there was no coincidence in considering water a mineral The International Mineralogical
mineral. The International Mineralogical
Association when defining “mineral” excludes water in liquid state. (IMA,2003)
water in liquid state. (IMA,2003)
S hi i id
Something important to consider
The most fertile lands of the country are either
the country are either recharge or discharge zone of the Guarani Aquifer System.
This areas has been
heavily deforested, and large areas have been large areas have been converted to extensive agricultureg
1945 1968 1976
1945 1968 1976
1985 1991 1997
Economic facts that can’t be overlooked
• Ours is a very small economy, just 1% of y y, j the “Mercosur” area’s economy.
• Paraguay’s economy relies on agriculture Paraguay s economy relies on agriculture and meat exports (26% of the Gross
Income with predominance of agriculture) Income, with predominance of agriculture)
• Almost all of the soy production of the
country come from this area.
S f t Some more facts
• Extensive agriculture is a potentially contaminating activity of underground water.
• Certain areas of the aquifer in Paraguayan territory are “sealed” by basaltic layers
territory are sealed by basaltic layers, some are not.
A bill is under study which grants
• A bill is under study, which grants
important incentives for reforestation.
Our comments on a codification
• The codification project circulated among the
• The codification project circulated among the
participants provides the possibility of country-to country compensation when activities in their
country compensation when activities in their
territories have or are likely to have an impact on a transboundary aquifer. y q
• Given the economic facts mentioned before,
poorer countries like mine would find it at least very difficult to enforce a conversion of
productive activities in that area Who and how productive activities in that area. Who and how would finance a conversion of the productive sector should some areas be excluded from sector, should some areas be excluded from extensive agriculture activities?
Our Proposal
We believe that regional agreements would be
ff ti th l b l t t
more effective than global agreements, as to
better address the particularities of each region,
d i f h t ithi th t i
and again, of each country within that region.
Nevertheless, we do believe that a document that
t bli h d ti i i l d
establishes good practices, principles and recommendations would be most useful, but
l i t th ti i l d tt h
leaving to the parties involved, matters such as potential compensations.
