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Network of Asian River Basin Organizations Workshop on Water Rights
Meeting Report

In 2005, the Network of Asian River Basin Organizations (NARBO) began a series of workshops on Water Rights and Water Allocation. Member river basin organizations met at the first four of these workshops to

  • share information on the status and challenges of water rights and allocation
  • identify possible actions and recommendations to address the challenges.
The results of these workshops were used to draft a NARBO Technical Paper on “Water Rights: Issues and Challenges for River Basin Organizations in Asia.” A fifth workshop, held at ADB in May 2007, reviewed and refined said draft.
 
EVENT DETAILS
Date 29-31 May 2007
Venue Manila, Philippines
Contact Dennis von Custodio
Related Materials
Event Description
Program and Materials
List of Participants

PARTICIPANTS

Twenty-eight (28) experts participated in the workshop to discuss the various aspects of water rights. The breakdown of participants is as follows:

Indonesia 6   Asian Development Bank 5
Lao PDR 2   International Water Management Institute 1
Philippines 5   Japan Water Agency 3
Sri Lanka 2    
Thailand 1      
Viet Nam 3    

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HIGHLIGHTS OF WORKSHOP DISCUSSIONS

Discussions about water rights often generate passionate arguments. More often than not, people take entrenched positions where logical discussions and sensible decisions get lost. In contrast, the discussions in the NARBO water rights workshops have been characterized by an open exchange of ideas and experiences that can help guide decision makers as they wrestle with the challenges of ensuring equitable and sustainable access to water for basic needs, livelihoods, and environment.

The discussions1 focused on the following:

Water Rights as Privilege

Water Rights are often confused as automatically leading to Water Fees. These topics need to be separated to ensure water rights for all. The South Africa case is a good model where, by committing to provide basic water needs as a right for everyone, including expected future generations, the poor are assured that they will have access to water. The task of allocating water for other uses is clarified.

Allocations for uses other than basic needs are made through water use rights for beneficial uses. It is these water use rights, mentioned a number of times during the workshops, that can be considered “a privilege to use.” A privilege may be withdrawn if it is not used as approved or if more beneficial uses are identified.

Stress on Basin Resources

A question that was raised during the discussions was “Are codified water rights necessary in every basin?” In deciding about whether water rights are necessary or not, the adage “if it ain’t broken, don’t fix it” can be a wise recommendation.

However, it is important to remember that situations can change very quickly. New abstractions and new discharges can change resource availability and quality dramatically. If the basic structure for water rights and water use allocations are not available and recognized, it is likely that the poor and vulnerable would be disproportionately affected by such changes.

This highlights the need to consider stresses on basin resources. Clearly, many basins in the region are under considerable stress and water shortages and water quality problems are becoming more widespread.

Considering Climate Change

In addition to the stresses being imposed by changing water use patterns, climate change may impose further changes and new risks that are little understood at present. Climate change should be taken into account in rethinking water allocations. Clear and logical water rights will help make those decisions on reallocation transparent and allow fair compensation for those that surrender user rights.

Often, the environment is the first loser in changing times. Human and economic needs can cloud commitments to the environment. A flat percentage of annual flow rates is not a sufficiently good measure of how to allocate water for environmental services. Allocations of water rights will be needed to protect environmental flows.

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WORKSHOP REFLECTIONS

Participants came up with a number of reflections on the water rights issue and the impact of the workshop on their own river basin work.

  Countries     Organizations  

  • Indonesia . The set of procedures for water rights licensing needs to be clarified. Indonesia is still in the stage of developing new regulations for transferring water permits. Coordination with the river basin organization (RBO) is needed.
  • Lao PDR. The basin approach will be helpful in introducing water rights in Lao PDR.
  • Philippines . Water rights system is adequate, but conflicts still occur when information and communication are lacking among stakeholders. The challenge is to find acceptable win-win solutions.
  • Sri Lanka . The issue on water rights is complex, and there is no one solution for the region. Cost recovery for agriculture is still not accepted in the country. Models for transfer of rights, especially in irrigation, would be very useful.
  • Thailand . There is a need to clarify the working definition of water rights. It can mean “basic entitlement” (in relation to human right), but if the volume is large, it cannot be considered human right. Environmental flows should also be considered.
  • Viet Nam . Overlapping roles of two key ministries in Viet Nam still needs to be resolved (in practice). The practical application of water rights remains challenging. The water rights situation in the country is more complicated because canals and other infrastructure serve multiple purposes.

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RELATED LINKS

1 Contributed by Ian Makin, ADB Water Resources Engineer.