Water Governance in The Netherlands and Asian Countries The Importance of a Coherent Legal Framework for the National Implementation of IWRM Principles Bart Teeuwen Congres Water and Oceans 31 October

Water Governance in General soft ware Water Governance is the soft ware of integrated water resources management. Essential Water Governance principles: -Legal framework -Institutional framework -Structural approach (planning) -Finance system -Participation of stakeholders OECD Report 2011: Water Governance in OECD Countries

IWRM Principles Dublin Declaration 1992 and Agenda 91 Rio de Janeiro Water is limited and vulnerable source - Management of water needs participative approach - Woman play an important role - Water is an economic good Many publications and discussions about interpretation and elaboration of these principles Implementation in national legislation needs time and is a challange 1985 Dutch policy document Dealing with Water start of implementing process of IWRM Principles

Dutch Water Legislation Waves 1891 Public Works Management Act 1900 Water Administration Act 1904 Embankment/Reclamation Act 1908 Rivers Act 1954 Groundwater Act Water Supply Companies 1957 Drinking Water Act 1958 Delta Act 1970 Pollution of Surface Water Act 1975 Pollution of Seawater Act 1981 Groundwater Act 1989 Water Management Act 1991 Water Boards Act 1996 Flood Defense Act 1995 Delta Act Major Rivers 1997 Public Works Management Act 2009 Drinking Water Act 2009 Water Act

Features in Dutch Water Legislation Waves - From sector approach to integrated approach - From development to management - From general interest to balanced general/individual interest - Flood risk legislation driven by disasters - From short to long decision making process decision making process implementation decision making process implementation

Integration different water acts for different sub-sectors Integrated approach (one act, one plan, one license, one appeal) True management act Partipation and legal protection Cooperation and coordination Framework act Act, Government Regulation, Ministerial Regulation, Regulations of Provinces and Water Boards came into force on the same time. One Act, one plan, one license, one appeal. Features Dutch Water Act 2009

Relation with EU Legislation EU legislation is binding for all members. Result duty; not effort duty Most important Water Directives: - Water Framework Directive of Flood Risk Directive of 2007

Water Acts Asian Countries Country Act G.Regulations Old New Indonesia (6 enacted) Vietnam in preparation Bangladesh in preparation Bhutan in preparation Myanmar

Water Legislation Indonesia 1.Law on water resources (Law 7/2004) replaces Law on water resources development (Law 11/1974) 2. Government Regulations in force in preparation PP 16/2005 water supply and sanitation RPP lowlands PP 20/2006 irrigation RPP water use right PP 42/2008 water resources management RPP lake PP 43/2008 groundwater management PP 37/2010 dam/reservoir PP 38/2011 river Review PP 82/2001 water quality and pollution control not yet started 3. Ministerial Regulations 4. Regulations regional/local governments

Water legislation Vietnam 1992 Start constituional reform process 1998 Water Resources Act (Act 8/1998) First step to implementation IWRM principles, but: - centralistic institutional approach and no participative a. - summary planning arrangement - focus on development water infrastructure - various implementing regulations with much overlapping, doubling and even conflicting with the Act Water Resources Act (Act 17/2012)

Challenges implementation IWRM Principles in National Legal Framework Asian Countries Harmonizing general decentralization legislation and specific water sector legislation Adressing multi-level water governance Integrated approach in the implementing regulations Entitling traditional water use rights Implementation license system Activities water users - activities water manager Enforcement with focus on administrative sanctions

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