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Environmental Flows elements to support water legislation: policy implications and institutional arrangements in the Water Legislation of Peru. MSc.Marielena Lucen. INTRODUCTION:E-flows. The E-Flows is the amount of water to: Achieve fair water distribution between people and environment - PowerPoint PPT Presentation

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Environmental Flows elements to support water legislation: policy implications and institutional arrangements in the Water Legislation of Peru

MSc.Marielena Lucen

Good morning everybody today I will explain my thesis research, 1The E-Flows is the amount of water to:Achieve fair water distribution between people and environmentGuarantee the continuity of goods and services provided by the river for present and future generationsProtect the environment against degradation

The E-flows implementation process is challenging because:Their operationalization in daily management is difficult to achieveTime frame between 10-15 yearsKey elements beyond physicalconditions are required

INTRODUCTION:E-flows

Iquitos-PeruI will start this presentation explaining the purpose of the E-flows in the water management field and some characteristic features of their implementation process. Currently more countries recognize the importance of environmental flows as a management tool to reach an IWRM. The environmental flows are quietly elaborated regarding the assessment method the they are difficult for the manager to implemented in daily basis or operational zed.

After understanding the importance role of the E-flows as a management tool to achieve an integrative water management and their level of complexity that the E-flows. I decided to study the recently taken enforce 2010 Peru water legislation and focus my study in the E-flows provisions that this water legislation provide to face a future implementation. 2

INTRODUCTIONPacific Basin Total Users :66%.Water Avb:2%Uses: Agriculture, Mining, Industry, HydropowerAtlantic Basin Total Users :31%Water Avb:97%Uses: Fishing, Transport,Ecosystem, HydropowerReason to shift into a sustainable management approach were : Inequity in water distribution

Peru water legislation was enforced in 2010 and establishes that a E-flows implementation is expected by 2020

Lessons learnt from South Africa Water Act (1998) and its implementation process as well as other countries experience regarding E-flows were used.

Titicaca BasinTotal Users :3%Water Avb:1%Uses: Transport, Mining, AgricultureAs I mentioned before I focused my study in Peru water legislation.

I will explain some main key reason that impulse a new water legislationInequity in water distribution, Peru is divided in 3 main river basin Pacific, Atlantic and Titicaca in which the Pacif is mainly a desert, the Atlantic is Jungle a the Titicaca corresponded to the highlands.

Some facts that influence the change of the water legislation in Peru were: , As I mentioned before the E-flows implementation is a challenging process but Peru water legislation has propose to achieve E-flows implementation by 2020 after 10 years of water legislation enforcement.

Now the questions is if the provision in the water legislation regarding the E-flows will lead to an effective E-flows implementation or additional improvements are need to be considered.

The study also analyzes and discusses the major lessons learnt from the South African Water Act (1998) and its implementation process as well as from the experiences of other countries found in the literature regarding the provisions for institutional arrangements and instruments envisaged for environmental flows and drivers/barriers for their implementation in practice. 3To evaluate the principles, instruments and institutional arrangements that the new water legislation of Peru provides to support the environmental flows implementation.OBJECTIVERESEARCH QUESTIONSWhat are the legal provision in countries with experience in environmental flow implementation? Which are the lessons learnt from South Africa Water Act and other countries experience? How the Peruvian water legislation support the environmental flows implementation? What can be recommended to improve the feasibility of E-flows implementation in Peru?

What are the instruments and institutional arrangements for E-flows in Peru's water legislation? .The research was built up around one overall objective To evaluate the principles, instruments and institutional arrangements that the new water legislation of Peru provides to support the environmental flows implementation.In order to achieve the objective the following research questions were proposed 4Conceptual Framework ImplementationContextLiterature ReviewPE National Water legislation of 2009-2010SA Water Act of 1998Other countries experience in E-flowsAnalyze the principles, instruments and set ups propose in the Peru water legislation to implement environmental flows.

Identification of the lessons learnt from the SA and the World Bank report and other literature SummaryDraw up of the conclusions and recommendations regarding the effectiveness of the principles, instruments and institutional arrangement to enforce the environmental flows according to the Peru water legislation

DESIGN OF RESEARCHDesign of the research, the research was based on literature review. To analyze the E-flows in the water legislation a conceptual framework was designed. The conceptual framework has 4 key elements to help the analysis Principles: The IWRM principles that support the environmental flows as a management tool to achieve fair distribution between people and environmentInstruments: planning and regulating guidelines and activities as described in the water legislation that include the protection of the ecosystem by means of environmental flowsInstitutional Arrangement: institutions in charge to put the instruments into practice in order to achieve the principles of the water legislation, and their interactions These are imbedded with the implementation contextImplementation Context: opportunities and barriers that the principles and instruments will face in a country s conditions (socio-economic, political etc)The information used and in which the conceptual framework was applied is:5PERU WATER LEGISLATIONPRINCIPLESPeru water legislation is based on 4 principles that support the E-flows:Principle of sustainability, principle of efficient water use, principle of protection of the water resourcesThe environmental flows are defined: As the volume of water that have to be maintain in water course to protect or conserve water ecosystems, landscape aesthetics and other aspects of scientific and cultural interest.Environmental Flow Definition in the legislation

Gocta - PeruAs I mentioned in the previous slide I will extract from the Peru water legislation the principles, instruments, and set ups that support the E-flows which means that I will put aside the rest of new feature to center the study only regarding the E-flows

Principle 1: This states the acknowledgment of the social and environmental value of water;Principle 6: This states the concern of the government to keep the integrity of the water ecosystem;Principle 8 which states that is not necessary to be in the situation of complete degradation or exhaustion of the water ecosystem to intervene in advance; Principle 9: which states the importance of use the water resources efficiently, and finally principle 11 which states that the government guaranties the protection of the water resources in order to safeguard the environmental interest of the nation.

Although the E-flows are define in the Peru water legislation, its definition doesnt transmit the importance of those in the provision of goods an services for present and future generations its not given as a right or as priority in use. There is no link between why are important to conserve regarding health standards

6INSTRUMENTS

Water Uses3 types of Uses: Primary (priority over any other use and first in use in scarcity period), Domestic and Productive (Agriculture, Hydropower, Industry, Health, Mining, Tourist, Transport)

Considerations for issue licensesRequirement of a hydrological study to demonstrate :Enough water availability to guaranty the environmental flows, the conditions to assure storage capacity and transport conditions, according to its hydrological cycle.

Protection of water resources by means of ecosystem conservation :E-flows

The environmental flows must remain permanently in the water course

Actions to control water quality are mentioned but there is no definition about monitoring programs or how to arrange them

Cerro de Pasco-Peru3 uses, in which not of them represent the Environment, however the law define the E-flows there are no recognize as uses, furthermore the productive uses are recognize as 3 priority in uses being the first one Agriculture which consumes more than 80% of the water resources,

Regarding the issuing of the license the Peru water legislation requires a hydrological study to confirm the water availability to satisfy the river features requirements, again is not link with people welfare and the question is the water authority has the capacity to analyze and revise the studies. The permits will be granted during surplus only for agricultural uses again the influence of the Ministry of Agriculture arose because is contradictory define surplus without considering a hydrological event that need to remain in the streamAccording to the water legislation the E-flows must remain in the water course, but during scarsity the y will not be protected and is contradictory with the priority in use of the primary use which is above other uses.The water legislation stated that is required to protect the quality of water ecosystem (there is no mention about the conservation of the quantity which is part of the E-flows management tool)

7Water ChargesGenerally define as a requirement to a obligation to contribute to achieve sustainability.

Water Management and Planning strategy:

The National Policy and Strategy of Wa

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