Facilitated by Dr. Martin O. EduvieNational Water resources Institute kaduna

Nigeria

The need for Integrated legislation of groundwater;

Components of legislation; Institutional arrangements for IGW

management

Groundwater legislation is required to: Regulate groundwater development Constrain activities that might compromise

groundwater availability and quality Address increasing competition and conflict

between groundwater users, and Address increasing threat of groundwater

pollution

ExistingUser

Developer

Groundwater depletion ?

Groundwater table

Water Policy

Water Act

Regulations

Inter Ministerial Committee (IMC)

Stakeholders

Water Info. & Planning

GOVERNMENT

RBC

Water Police

Case 1: Addressing Groundwater conflict

Parliament

Water PoliceRBC

Water Info. & Planning

Stakeholders

Regulations

Water Policy

Water Act Inter Ministerial Committee (IMC)

GOVERNMENT

Parliament

Permit

CASE 2: ADDRESSING WATER POLLUTION

Water PoliceRBC

Water Info. & Planning

Stakeholders

Regulations

Water Policy

Water Act Inter Ministerial Committee (IMC)

GOVERNMENT

Parliament

Permit

CASE 3: ADDRESSING UPSTREAM-DOWNSTREAM CONFLICT

Concerned with: guidelines for, and limitations to the exercise of public powers provision for the quantification, planning, allocation and conservation

of groundwater resources, including water abstraction and use rights a system of wastewater discharge licenses, helping to protect

groundwater against pollution definition of the rights and duties of groundwater users protection of users rights, of the rights of third parties and of the

environment requirements for the registration and qualification of well drillers possible administrative intervention in critical situations (aquifer

depletion or pollution) provision for cooperative interaction between water administrators

and water users.

Legislation (written law) encompasses:◦ The fundamental law or constitution of a country◦ Laws enacted by a legislative body (parliament,

national assembly)◦ Subsidiary legislation (degree or instruments

adopted by the government executive)

Basic legislation Restricted to fundamental powers and concepts. A more unified vision of surface water and groundwater resources.

Specific legislativeassociated with details and provisions in different administrative areas and at different territorial levels

Legislation:◦ Formal procedure◦ Parliamentary

control◦ Central level◦ Guidance character

Dealing with competencies

Establishing rights and duties

◦ Promulgation

Regulation◦ Less formal

procedure◦ Multi-tiered or

decentralized◦ Implementation or

operational character

◦ Publication

Groundwater Abstraction and Use Rights Wastewater Discharge Licensing Sanctions for Non-Compliance Controlling Well Construction Activities Catchment or Aquifer Level Resource Planning Conjunctive Use of Groundwater and Surface Water Land Surface Zoning for Groundwater Conservation

and Protection Facilitating Water-User and Stakeholder Participation Provisions for Groundwater Monitoring

In general terms, It must be flexible, enabling and enforceable

ADMINISTRATIVE SET-UP

• National authority or inter-ministerial coordinating commission

• Provincial and/or basin agencies

•procedures for interaction with local authorities

• aquifer management organizations• water-user associations• licensing of water-well drillers

STRATEGIC PLANNING

•provision for aquifer resource/ vulnerability assessment

•design and implementation of national/ regional/ basin groundwater policies

•definition of protection (conservation or control) area policy

•mandate for drought or emergency actions

•status of groundwater plans and use priorities

LAND-USE MANAGEMENT

•procedures for groundwater protection zones

•provisions for aquifer recharge area conservation

REGULATION OF WATER USERS

•administration of abstraction/use rights•administration of wastewater discharge permits

•promotion of user/stakeholders/ associations

•appeal and sanction procedures

(National Level) (Lowest appropriate Level)

Public Administration in Groundwater & Specific Legal Provisions

Regulation level

Implications Limitations

1. Minimal legal control

No control over groundwater abstraction or wastewater discharge

Reduction in natural discharge and/or progressive salinisation and pollution

2. Local customary rules

Groundwater rights defined at local level: mechanisms for local conflict resolution

Control limited and do not take account for status of (and impact on) aquifer system, downstream users or groundwater quality issues

3. Specific groundwater legislation

Well construction and groundwater abstraction controlled, but often by specialist institution in limited contact with those regulating surface water

May result in lack of consideration of groundwater-dependant river baseflows and wetlands; unlikely to much emphasis on groundwater quality protection

Regulation level

Implications Limitations

4. Comprehensive Water Resources Legislation

Surface and groundwater resources subject to the same legislation and inter-dependence fully recognised; both administered by the same institution but quality aspects often under separate agency

Much improved capability of water resources management but catchment vision and pollution control may still not be taken into account and their proactive support unlikely to be achieved

5. Fully-Integrated water resources legislation

Catchment or aquifer approach with quantity and quality aspects integrated; more emphasis put on public awareness and water user/ stakeholder participation (international nature of some aquifers and river basin recognised)

Give best chance of implementing a balanced and effective regulatory policy

the administrative set-up and the level of training of water administrators

a clear understanding of the institutional roles and functions at all relevant levels

an adequate level of public awareness and acceptance of legal provisions

political willingness to promote and attain sustainable groundwater management.

Inadequate groundwater management boundaries,

Weak regulatory enforcement, lack of social consensus, poor inter-institutional coordination

Implementation of groundwater legislation requires:

◦ An administrative set-up and the level of training of water administrators

◦ a clear understanding of the institutional roles and functions at all relevant levels

◦ an adequate level of public awareness and acceptance of legal provisions

◦ political willingness to promote and attain sustainable groundwater management.

Roles of key institutions - policy, regulation management

Policy Development & National Strategy

National Council on Water Resources(advisory)

Basin Strategy & Regulation of Water Abstraction and Waste Water Discharge

Management and Service Delivery

Irrigation Management AuthoritiesCommercial irrigation, Water Users Associations

Water Supply BoardsLocal Government Councils

Federal Ministry of Agriculture and Water Resources

8 River Basin Management Commissions

Regulation of Dam Safety Independent Inspectorate of Dam Safety

•

•

Roles of key institutions - development

Development of Capital Projects –depends on size and sector

Federal Ministries

Community based organisations

State MinistriesWater UtilitiesPrivate Sector

Irrigation Management Authorities

Local Government

The essential role for government agency in the management process

Figure 2.3: Institutional arrangement for performing the water resources management functions

CENTRAL GOVERNMENT

DECENTRALISED ORGANISATION

FUNCTIONS

OUTPUT

Ministry of Water

Other Ministries

River Basin Organisation

Other regional authorities

Water resources management functions

Environmental, land and infrastructure management functions

Status of water resources

Purpose To share experience on groundwater legal & regulatory

systems To recommend appropriate allocation system

Activity: break into two groups and discuss: 1. Describe how to implement a groundwater allocation

system and the mechanism of enforcement

2.Discuss the groundwater legislation in your countries:◦ Give an example of effective regulation of groundwater◦ Is groundwater legislation, separate from water resources

legislation or combined◦ What legislation or regulation are missing

1.Is there legislation to protect groundwater from pollution / overuse?

2.Is the legislation adequate? 3.Who is responsible for policing this

legislation? 4.Do they have sufficient capacity? What

are the main constraints?

a. Which institutions are empowered by law to manage groundwater?

b. Is groundwater use and development covered by specific laws?◦ If yes, specify nature of laws

c. Are these laws effectively enforced?d. At what level are users I developers required to seek

permits from the relevant authorities? Are such procedures enforced? Are they accessible and readily available?

e. Public I Private water. What is the breakdown between public and private groundwater? What are the capacity constraints for improving I increasing / conserving (depending on resource constraints) the use of private water?

f. In your perception what are the capacity building needs?