Facilitated by Dr. Martin O. Eduvie National Water resources Institute kaduna Nigeria

 The need for Integrated legislation of groundwater;  Components of legislation;  Institutional arrangements for IGW management

Groundwater legislation is required to:  Regulate groundwater development  Constrain activities that might compromise groundwater availability and quality  Address increasing competition and conflict between groundwater users, and  Address increasing threat of groundwater pollution

Existing User Developer Groundwater depletion ? Groundwater table Water Policy Water Act Regulations Inter Ministerial Committee (IMC) Stakeholders Water Info. & Planning GOVERNMENT RBC Water Police Case 1: Addressing Groundwater conflict Parliament

Water Police RBC Water Info. & Planning Stakeholders Regulations Water Policy Water Act Inter Ministerial Committee (IMC) GOVERNMENT Parliament Permit CASE 2: ADDRESSING WATER POLLUTION

Water Police RBC Water Info. & Planning Stakeholders Regulations Water Policy Water Act Inter Ministerial Committee (IMC) GOVERNMENT Parliament Permit CASE 3: ADDRESSING UPSTREAM-DOWNSTREAM CONFLICT

Concerned with:  guidelines for, and limitations to the exercise of public powers  provision for the quantification, planning, allocation and conservation of groundwater resources, including water abstraction and use rights  a system of wastewater discharge licenses, helping to protect groundwater against pollution  definition of the rights and duties of groundwater users  protection of users rights, of the rights of third parties and of the environment  requirements for the registration and qualification of well drillers  possible administrative intervention in critical situations (aquifer depletion or pollution)  provision for cooperative interaction between water administrators and water users.

 Legislation (written law) encompasses: ◦ The fundamental law or constitution of a country ◦ Laws enacted by a legislative body (parliament, national assembly) ◦ Subsidiary legislation (degree or instruments adopted by the government executive)

 Basic legislation Restricted to fundamental powers and concepts. A more unified vision of surface water and groundwater resources.  Specific legislative associated with details and provisions in different administrative areas and at different territorial levels

 Legislation: ◦ Formal procedure ◦ Parliamentary control ◦ Central level ◦ Guidance character  Dealing with competencies  Establishing rights and duties ◦ Promulgation  Regulation ◦ Less formal procedure ◦ Multi-tiered or decentralized ◦ Implementation or operational character ◦ Publication Jaspers, 2006

 Groundwater Abstraction and Use Rights  Wastewater Discharge Licensing  Sanctions for Non-Compliance  Controlling Well Construction Activities  Catchment or Aquifer Level Resource Planning  Conjunctive Use of Groundwater and Surface Water  Land Surface Zoning for Groundwater Conservation and Protection  Facilitating Water-User and Stakeholder Participation  Provisions for Groundwater Monitoring In general terms, It must be flexible, enabling and enforceable

ADMINISTRATIVE SET-UP National authority or inter-ministerial coordinating commission Provincial and/or basin agencies procedures for interaction with local authorities aquifer management organizations water-user associations licensing of water-well drillers STRATEGIC PLANNING provision for aquifer resource/ vulnerability assessment design and implementation of national/ regional/ basin groundwater policies definition of protection (conservation or control) area policy mandate for drought or emergency actions status of groundwater plans and use priorities LAND-USE MANAGEMENT procedures for groundwater protection zones provisions for aquifer recharge area conservation REGULATION OF WATER USERS administration of abstraction/use rights administration of wastewater discharge permits promotion of user/stakeholders/ associations appeal and sanction procedures (National Level)(Lowest appropriate Level) Public Administration in Groundwater & Specific Legal Provisions

Regulation level ImplicationsLimitations 1. Minimal legal control No control over groundwater abstraction or wastewater discharge Reduction in natural discharge and/or progressive salinisation and pollution 2. Local customary rules Groundwater rights defined at local level: mechanisms for local conflict resolution Control limited and do not take account for status of (and impact on) aquifer system, downstream users or groundwater quality issues 3. Specific groundwater legislation Well construction and groundwater abstraction controlled, but often by specialist institution in limited contact with those regulating surface water May result in lack of consideration of groundwater-dependant river baseflows and wetlands; unlikely to much emphasis on groundwater quality protection

Regulation level ImplicationsLimitations 4. Comprehensiv e Water Resources Legislation Surface and groundwater resources subject to the same legislation and inter- dependence fully recognised; both administered by the same institution but quality aspects often under separate agency Much improved capability of water resources management but catchment vision and pollution control may still not be taken into account and their proactive support unlikely to be achieved 5. Fully- Integrated water resources legislation Catchment or aquifer approach with quantity and quality aspects integrated; more emphasis put on public awareness and water user/ stakeholder participation (international nature of some aquifers and river basin recognised) Give best chance of implementing a balanced and effective regulatory policy

 the administrative set-up and the level of training of water administrators  a clear understanding of the institutional roles and functions at all relevant levels  an adequate level of public awareness and acceptance of legal provisions  political willingness to promote and attain sustainable groundwater management.

 Inadequate groundwater management boundaries,  Weak regulatory enforcement,  lack of social consensus,  poor inter-institutional coordination

Implementation of groundwater legislation requires: ◦ An administrative set-up and the level of training of water administrators ◦ a clear understanding of the institutional roles and functions at all relevant levels ◦ an adequate level of public awareness and acceptance of legal provisions ◦ political willingness to promote and attain sustainable groundwater management.

The essential role for government agency in the management process GWMate, 2006

Cap-Net, 2008

Purpose  To share experience on groundwater legal & regulatory systems  To recommend appropriate allocation system Activity: break into two groups and discuss:  1. Describe how to implement a groundwater allocation system and the mechanism of enforcement  2.Discuss the groundwater legislation in your countries: ◦ Give an example of effective regulation of groundwater ◦ Is groundwater legislation, separate from water resources legislation or combined ◦ What legislation or regulation are missing

 1.Is there legislation to protect groundwater from pollution / overuse?  2.Is the legislation adequate?  3.Who is responsible for policing this legislation?  4.Do they have sufficient capacity? What are the main constraints?

a.Which institutions are empowered by law to manage groundwater? b.Is groundwater use and development covered by specific laws? ◦If yes, specify nature of laws c.Are these laws effectively enforced? d.At what level are users I developers required to seek permits from the relevant authorities? Are such procedures enforced? Are they accessible and readily available? e.Public I Private water. What is the breakdown between public and private groundwater? What are the capacity constraints for improving I increasing / conserving (depending on resource constraints) the use of private water? f.In your perception what are the capacity building needs?

 Thank You