Water

1st NARBO Thematic Workshop on Water Rights and Water Allocation
Meeting Report

This first NARBO thematic workshop focused on water allocation and water rights – declared as pressing issues by NARBO member organizations. NARBO thematic workshops are designed to improve knowledge and capacity on integrated river basin water resources management. The Red River Basin Organization (RRBO) in Viet Nam was the recipient organization of the training. Background Workshop Highlights Field Visits Next Steps Contacts

EVENT DETAILS Date 5-9 December 2005 Venue Hanoi, Viet Nam Contact Dennis von Custodio Related Materials Description Agenda Training Materials List of Participants NARBO

The ever-increasing demand for water and the occurrence of conflicts on water use have become challenges for many countries in Asia. In the past, the abundant supply of water, and the low demand for it, contributed to the lesser concern on the aspects of water ownership, allocation, and rights.

Today, while there has been extensive interest on these topics, there have been relatively few successful experiences so far in most Asian countries.

This 1 st thematic workshop aimed to clarify water rights and water allocation status in participants' countries namely, Indonesia, Thailand, Lao PDR, Viet Nam, the Philippines and Japan.

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The workshop was hosted by Viet Nam’s Red River Basin Organization (RRBO), which coordinates and plans the activities for the Red River, Viet Nam’s second largest river. RRBO shared its basin activities with the participants. One of the basic principles underpinning IWRM is the need to manage water resources at the lowest appropriate level, with the increased recognition that RBOs can realize IWRM at the basin level.

All six countries represented in the workshop have an established framework for water rights and water allocation. However, the challenges as well as the degree of experience on the implementation of water rights and water allocation vary from country to country.

• Lao PDR has abundant water and a small population, and therefore has little competition among the various users of water, as compared to the other five countries. While there were no reported water conflicts and no experience on water rights system, its water law (1996 Water and Water Resources Law) contains provisions on water rights and water allocation.
• All countries represented, except the Philippines and Thailand, have recent water laws which provide the legal framework on water rights and water allocation. Thailand, however, is working on a new water law while the Philippines is in the process of amending the implementing rules and regulations of the Philippine Water Code of 1976 (PD 1067). The fact that the water laws are quite recent reflects the need to have a legal framework adopting to current situation and evolving needs.
• All countries, except Viet Nam, are clear on the institutional set-up governing water rights and water allocation. In Viet Nam, there are overlapping functions still to be resolved between the lead water agencies: (i) Ministry of Natural Resources and Environment (MONRE); and (ii) Ministry of Agriculture and Rural Development (MARD).
• Of the six countries, Thailand, Lao PDR and Viet Nam share the rich water resources of the great Mekong River and are therefore prone to water conflicts with international riparian countries. The challenges on water rights and water allocation system for these countries are more demanding.
• In the Philippines, it may be worthwhile to revisit the no-time-bound validity of water rights, particularly with the increasing water demand.

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• Hoa Binh Hydropower Plant and Multi-Purpose Dam – built on the upstream of Da River, one of the tributaries of Red River. Water uses in the dam are for flood management, power generation, irrigation, fisheries and water transport; and water for irrigation use has priority over other uses. No water conflicts are experienced at the moment, but can be expected in the future. There are no water rights granted for the use of the waters.
• Thac Huong Dam – Water in the dam is mainly used for irrigation, flood management and navigation.

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This workshop is the first in a series of four workshops on the theme of water rights and water allocation that will be held in the next two years. The goal of the series of workshops is to come up with recommendations to address the issues related to water rights and water allocation.

The 2 nd and 3 rd workshops aim to look deeper into the issues and challenges; and to plan for possible improvements. The final workshop aims to finalize the report. The 2 nd workshop is tentatively scheduled May or June, 2006.

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Dennis Von C. Custodio
Water Operations Adviser, ADB
E-mail: dvcustodio@adb.org

Mr. Michitarou Nakai
Asian Development Bank Institute
E-mail: mnakai@adbi.org

Nguyen Thuy Hang
Red River Basin Organization
E-mail: lunevn@hn.vnn.vn

Mr. Hiroyuki Shindou
Japan Water Agency
E-mail: narbo@water.jp