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4th NARBO Thematic Workshop on Water Allocation and Water Rights
Meeting Report

NARBO’s 4th Workshop on Water Allocation and Water Rights built upon the accomplishments of the first three workshops held from 2005-2006. The training focused on reports featuring high-quality, country action plans for addressing water allocation and water rights issues in the river basin organizations’ respective countries.

 
EVENT DETAILS
Date 23-26 January 2007
Venue Saitama, Japan
Contact Dennis von Custodio
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Event Description
Program and Materials
List of Participants
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BACKGROUND

As increased water demand and water use conflicts occur in many countries in Asia, the Network of Asian River Basin Organizations (NARBO) conducted four thematic workshops on water rights and water allocation issues as part of the organization’s major activities in 2006-2007.

The first workshop held in Viet Nam in December 2005 focused on identifying country situations and issues on water rights and water allocation; the second workshop held in the Philippines in June 2006 focused on uncovering causes of the issues; and the third workshop held in Thailand in November 2006 focused on reviewing and enhancing the findings from the first two workshops and identifying improvements and solutions. Participating organizations took turns hosting and co-organizing these workshops.

The fourth workshop, hosted by the Japan Water Agency, drew upon the results of the first three workshops and finalized country-specific action programs for addressing water allocation and water rights issues.

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HIGHLIGHTS

As with the previous workshops, the fourth workshop was simple and small in scale, maintained a core group of participants, and had the benefit of prior internal discussions among participant organizations.

Except for Thailand, all represented countries have an established legal framework for water rights and water allocation. However, the challenges as well as the degree of experience in implementing solutions to water rights and water allocation issues vary from country to country.

While the original design of the series of workshops was to cover both water rights and water allocation, the discussions and the resulting action plans shifted more toward the latter, since all the participating countries, except the Philippines, have little or no experience in implementing a water rights system. The following briefly describes the action plan from each of the 6 participating countries

Indonesia
Indonesia’s legal framework for water rights and water allocation is the 2004 Water Resources Law. However, the Government Regulation to implement it is not yet in place. Jasa Tirta II Public Corporation (PJT II) proposes to prepare the Regulation. PJT II also proposes the creation of a National Water Resources Committee as a policy-making body on water rights and water allocation.
Lao PDR
A water rights system is not practiced in Lao PDR even though the country’s comprehensive water law—the Law on Water and Water Resources of 1998—includes specific provisions for its practice. However, traditional laws on water use, or customary water rights, are widely observed. The Water Resources Coordination Committee Secretariat proposes to strengthen the coordination body for water resources management.
Philippines
The Philippines is currently facing weak enforcement of its water rights system despite strong legal frameworks such as the 1976 Water Code and its Implementing Rules and Regulations; and in the case of the Laguna Lake, the Republic Act 4850 and Executive Order 927. The National Water Resources Board proposes to intensify information campaign, strengthen institutional coordination, and strictly implement the law’s provisions.
Thailand
Water allocation specific to irrigation is provided for in several laws in Thailand, but the country’s comprehensive water law has yet to be enacted. In the meantime, social process for water allocation will be strengthened through consultation and dialogue with stakeholders. Regulation for water allocation in a pilot basin will also be developed, and data sharing among stakeholders will be improved.
Sri Lanka
The Mahaweli Authority of Sri Lanka (MASL) will address water rights and water allocation challenges at the national level by developing a water resources master plan for the next 25 years and strengthening the interim apex body for water resources management. MASL also proposes to introduce bulk water allocation, motivate farmers to save water, and introduce incentive schemes for farmers at the local level.
Viet Nam
Technical guidelines for proper implementation of the water rights and water allocation system are still needed, as key agencies for water resources management have overlapping functions. Proposals from the Red River Basin Organization include amending the Law on Water Resources of 1998, passing a decree that spells-out specific functions of water agencies, and developing technical guidelines for water rights and water allocation.

While most of the proposed action plans intend to directly address water allocation issues, they can also be seen to contribute to an enabling environment towards implementing a water rights system.

 

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OUTPUTS AND OUTCOMES
  Outputs     Outcomes  

  • Draft action plans to address water rights and water allocation challenges
  • Comparative data on water rights and water allocation situation in 6 countries

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NEXT STEPS

After discussing the action plan with their respective organizations, the participants will submit a final version of the action plan in February 2007.

To better monitor the outcome of the series of workshops, the participants are expected to report the progress of implementation of the action plan at the 3rd NARBO General Meeting to be held in the 1st quarter of 2008.

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CONTACT

Dennis von Custodio
Water Financing Program Adviser
E-mail: dvcustodio@adb.org