SRI LANKA NATIONAL DEVELOPMENT REPORT
Governing Water By Ranjith Ratnayake
Water Governance
Range of Political, Social Economic and Administrative systems in place to regulate the development and management of water resources & services to society
Requires ”Enabling Environment” Environment” Political process to be undertaken in context of IWRM Combined commitment of state , civil society local communities, Private sector Appropriate policy , Institutional & legal framework Adequate capacity & accountability with transparency of action Managed in ways responsive to social and economic needs for sustainability and water security
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Sri Lanka Experience History • Concept of IWRM part of hydraulic civilization dating back from 6th Century BC. • Water treated with respect. • Strong links between temple, tank and community. • Regulated through edicts issued by the King. • Customary rights and obligations of the community. • Penalties for non compliance.
Decline from 1840 (Waste Lands Ordinance ) • Community land taken over by State, • Plantation Agriculture promoted (Tea/ Rubber) • Administration revenue and function oriented (sectoral) • Malaria
Present • Land Reforms of the seventies • State control over Natural Resources • Political Oversight (National ,Provincial, Local)
The Resource Base Land and Water Utilization Land Use • Mean Annual Rainfall – 1900mm ( 1000mm – 5500 mm ) • Dry Zone 80% - Land Area Receives less than 2000mm
12%
12%
• Annual Water Resources 43.2Km3 (2300M3 / Capita )
8%
12%
• Annual Run Off – Dry Zone 35% -- Wet Zone 65%
5% 8%
16%
• Water Diverted (Agric, Dom and Ind) – 10 km3 (23% of annual) • Annual Ground Water Resources – 7.25 Km3
Plantation Non-Irrigated Forests Others
Irrigated • Trans Basin Diversions – 2400MCM Scrub Land Wildlife Reserves
Water Withdrawels 5% 6%
• Hydro Power Installed Capacity - 1230MW (out of total 2032 MW ) Hydro Power New Potential – 700 MW
4%
• Population Threshold ( 2025 ) – 23.0 M. • Per Capita Water Availability ( 2025 ) – 1900M3
85% Agriculture
Industry
Domestic
Others
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Management of Water Resources 40
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Agencies
Confusion Duplication Inaction
Acts
Corruption
The Legal Basis Main Acts
State Lands Ordinance Municipal/Urban Councils Ordinance Irrigation Ordinance Water Development Law Mahaweli Authority Act Land Acquisition Act Agrarian Development Act Soil Conservation Act Water Resources Board Act Mines & Minerals Act National Environmental Act
Water Supply and Drainage Law
Electricity Act 13th Amendment to the Constitution Fauna and Flora Protection Ordinance Land Development Ordinance Fisheries & Aquatic Resources Act Pradeshiya Sabhas Act Coast Conservation Act Forest Ordinance
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Management of water Instruments
Considerations
Laws/Regulations/Rules/Traditions
Equity Economic Returns Environ. Productive
Policies Organisations Institutional arrangements
National
Local/Project
Reg/Prov/Basin
{Rural
Urban} National Regional Basin Local/Project
: : : :
CCCIM, SCWSS DCC, DAC, DAC Sub Committee,SDA MASL – Water Panel PMC, “Kanna” Meeting
Existing Institutional Arrangements for Coordination in Water Sector Sector Type
Legally Constituted
Administratively Formed
National Level (Legislative)
Parliament
Parliamentary Consultative Committee
Economic Affairs / infrastructure Sub Committees
National Level Policy Implementation
Cross cutting
____
a) Development
/ Secretaries Committee Integrating Environment & Development Policy (CIEDP) c)Committee on Environmental Policy Management (CEPOM – for Water) b) Committee
Sectoral
a) Central
Project Based ( Time Bound )
a) National
Special
Coordinating Committee on Irrigation Management ( CCCIM ) b) National Committee on Water Supply & Sanitation ( NWSS) Steering Committees for Project Implementation Cabinet appointed
Task force for pollution mitigation (Kelani (Kelani// Maha Oya)
Regional / Basin
Cross cutting
MASL Water Panel
Provincial
Cross cutting Cross cutting Sectoral
a) Provincial
District / Division
Major Irrigation Projects
Cross cutting
Coordinating Committee Environmental Coordinating Committee c)Provincial Coordinating Committee for Water and Sanitation b) Provincial
Environment and Law Enforcement Committee
Sectoral Sectoral
District Agriculture Committee (DAC) Sub Committee of DAC
Project based / Sectoral
Project Management Committee ( PMC )
a) District
Coordinating Committee(DCC) Committee(DCC) Coordinating Committee
b) Divisional
____
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Existing Property Rights for Water in Sri Lanka Characteristics Tied to land ownership Mostly applicable to irrigation sub sector Location specific Generally community based Normally non volumetric
Types of Rights
Prior Rights ( Purana lands ) Exist in purana lands existing with lands alienated under CLO / LDO. regulated through low level sluices ::- e.g.. Nachaduwa , Kaudulla
Riparian Rights Access rights to those adjacent to water courses.
Decision making Rights
Individual / Proprietors – Kanna Meeting Institution Based Rights – Pre Kanna Meeting
Project based rights New claims on resource base by project ( new / rehabilitation )
“State Rights” Rights” In absence of individual / community rights
Tolerated Access Not legal but accepted
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Systems a)
Appropriative Rights ( first in time first in right) Characteristics:
b)
Recognition of prior rights , ( more value / less risk ) Conditional on beneficial use ( no incentive to save as it implies giving up part of right ) Poor / Third parties can suffer during deficit periods High transaction costs
Proportionate Stream Flow Rights Characteristics:
Equity based Tied to resource ownership ( land ) Variations in resource availability shared in proportion. Lower transaction costs
Proportionate Stream Flow
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Pros and Cons Rights Based on Land Ownership
Unregulated abstraction Negative Impact on ground water Downstream Impacts
Appropriative Rights ( Purana Lands )
Rights of prior use recognized & safeguarded Risk factor reduced No incentive to save water , can affect other users downstream
Riparian Rights
Access rights recognized Not regulated can, affect downstream uses Location specific
Decision Making Rights Kanna Meeting : - Equity Based ( Proprietors ) Community regulated Bethma provides for water use efficiency Low Productivity ( Crop per Drop ) as decisions not based on land holdings influenced by subsistence / poverty factors
“State Rights” Rights”
Political decision making Agencies unable to safe guard clients Third Party / Environmental flows affected
Concept of Integrated Water Resources Management (IWRM) - Some aspects since 1820, Promotion by UN in 1950s -Mar del Plata 1977 -RIO / Dublin 1992 - World Water Forum I, II and III - WSSD 2002 NO UNAMBIGUITY IN DEFENITION, THOUGH THE 4 DUBLIN PRINCIPLES FORM MODERN BASIS.
GWP/TAC defined IWRM as an integrating mechanism leading from sub sectoral to cross sectoral water resources management.
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The 4 Dublin Principles
Freshwater is a limited and vulnerable resource essential to sustain sustain life, development & the environment
(resource to be holistically managed.)
Water development and management should be based on a participatory participatory approach, involving users, planners and policy makers at all levels levels
(Manage water with people)
Women play a central role in the provision, management and safeguarding of water
(involve women all the way)
Water has an economic value in all its competing uses and should be recognised as an economic good.
(after basic needs, allocate water to its highest value)
However the application of these principles would be based on national aspirations.
Integrated Water Resources Management -IWRM“a process which promotes the coordinated development and management of water, land and related resources in order to maximize the resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems”. (GWP/TAC) 3 fundamental elements of IWRM
Enabling environment Institutional roles Management instruments
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Vision ‘A future where a society would attain it’ it’s goal of socio economic emancipation with commitment to safeguard the environment and sustainable use of water and other natural resources’ resources’ Vision Components • Enabling Policy, Legal and Institutional Environment • Optimum water resource utilization for a diversified economy and food security through efficient & sustainable use in terms of quantity and quality • Clear water bodies, rivers , Lakes etc. and well conserved watersheds • Access to adequate sanitation and sewerage • Communities conscious of rights and responsibilities with regard to value of water in its uses • Efficient effective and resilient institutions with transparent and participatory management practices • Equity in sharing of water resources to adjust for spatial and temporal variations * Sri Lanka Water Vision 2025.
NATIONAL POLICIES AND GOALS
LAWS AND REGULATIONS
THE POLICY AND LEGAL BASIS
WATER SECTOR POLICIES AND PLANS
MECHANISMS FOR COLLABORATION THE COMMUNITY, NGO’S, CBO’S, AND FO’S
THE PRIVATE SECTOR DIVISIONAL, PROVINCIAL, AND NATIONAL AGENCIES
From Comprehensive Water Resources Management – Mosley 1994
TECHNOLOGY AND R&D
DATA AND INFORMATION BASES
THE ACTORS
THE INFORMATION AND TECHNOLOGICAL BASIS
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Policy Principles ( Proposed Policy )
Water is a basic need for all living beings
All water resources, including surface and groundwater in Sri Lanka Lanka are a public property owned by the people and managed by the Government as trustee.
River Basin will be the hydrological unit for planning, management management and implementation .
Water is a limited resource and has an economic, social and environmental value.
Management of water resources will be decentralized and would adopt a participatory decision making process among all stakeholders.
Water for drinking and sanitation will be given preference in developing and managing water resources.
Water Resources Management costs will be shared among the stakeholders on an agreedagreed-upon basis.
Water use rights will be recognized, with regulations governing allocations and transfers in line with national priorities
Overarching Law
Tribunal/ Mediation Board for disputes Apex Body
Basin Organizations
New proposal Economic value
Services by Private Sector
Stakeholder Management
National Water Resources Authority (NWRA ) National Water Resources Act ( Legal Backstopping ) National Water Resources Council ( Advise ) National Water Tribunal ( Conflict resolution )
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In Sri Lanka… Can political / administrative units be coterminous hydrologically for management of water resources. “Rivers bisect basins” basins” Options /Considerations • • • • •
River Management River Basin Planning / Allocation River Basin Management Trans Basin Diversions to Dry Zone Regulating Reservoirs
Thank You
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