FAO Legislative Study 70 - Water Rights Administration - Experience, Issues and Guidelines













Table of Contents


Hector Garduño Velasco
for the
Development Law Service
FAO Legal Office

Food and Agriculture Organisation of the United Nations

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ISBN 92-5-104548-8

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© FAO 2001

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Table of Contents


Foreword

Abbreviations

Introduction

A. COMPARISON OF EXPERIENCES IN FOUR COUNTRIES

a. Comparative Analysis of the Four Case Studies
b. Summary of the Country Experiences

B. FIRST APPROACH TO A SET OF GUIDELINES

a. Guidelines for Setting Up an Enabling Environment for Implementation
b. Guidelines for Drafting “Implementable” Legislation
c. Guidelines for an Implementation Strategy

CASE STUDY: MEXICO

Abbreviations and Units
A. WATER AVAILABILITY AND USE
B. WATER INSTITUTIONS AND LEGISLATION

i. Background
ii. Current Organizational Structure
iii. Legal Bases for the Water Rights Administration System

C. DEALING WITH WATER RIGHTS IMPLEMENTATION ISSUES

i. General Procedure
ii. Regularization of Existing Water Uses
iii. Regularization of Existing Wastewater Discharges
iv. Collection of Water Charges
v. Water Rights Transfers
vi. Information System
vii. Monitoring Implementation

D. THE WATER RIGHTS ADMINISTRATION SYSTEM: A PRE-REQUISISTE FOR THE SUSTAINABLE MANAGEMENT OF WATER RESOURCES
E. USEFUL POINTERS FOR THE FUTURE OF WATER RIGHTS ADMINISTRATION
References

CASE STUDY: UGANDA

Abbreviations and Units
A. WATER AVAILABILITY AND USE
B. WATER RESOURCES INSTITUTIONS AND LEGISLATION

i. Water-Related Institutions
ii. Legal Bases of the Water Right Administration System

C. THE WATER ACTION PLAN: A CORNERSTONE FOR WATER RIGHTS ADMINISTRATION
D. DEALING WITH WATER RIGHTS IMPLEMENTATION ISSUES

i. Phased and Gradual Approach to Implementation of the Water Rights Administration System
ii The Main Bottleneck: Meager Capacity
iii. A Pragmatic Recommendation: Filing of Application Documents
iv. Framework for Decentralization
v. The Core Recommendation: Make Water Legislation Consistent with the Water Action Plan

E. IMPLEMENTATION AND DECENTRALIZATION WORKPLAN
References

CASE STUDY: SOUTH AFRICA

Abbreviations and Units
A. WATER AVAILABILITY AND USE

i. Summary of Available Information
ii. Water Availability and Uses at the National and Regional Level

B. WATER INSTITUTIONS AND LEGISLATION

i. Background
ii. Legal Bases of the Water Rights Administration System

C. IMPLEMENTATION WORKPLAN: RECOMMENDATIONS AND PROGRESS

i. Description of Activities Important to the Implementation Process Prior to the Enactment of the National Water Bill
ii. Implementation Activities Following the Enactment of the National Water Bill
iii. Main Lesson Learnt and Next Steps

References
APPENDIX. GUIDELINES TO ESTABLISH A TRAINING PROGRAM TO SUPPORT IMPLEMENTATION OF THE NATIONAL WATER ACT

i. The Need for a Training Program
ii. Difficulties associated with training, the need for priority and conceptual definitions
iii. Previous experience and current activities related to training within the DWAF
iv. Proposed organization

CASE STUDY: SRI LANKA

Abbreviations
A. THE BACKDROP TO SRI LANKA’S PROPOSED WATER RIGHTS ADMINISTRATION SYSTEM

PART 1. BACKGROUND
PART 2. THE POLICY AND REGULATORY FRAMEWORK

i. Simultaneous Drafting of Water Resources Policy, Act and Regulations
ii. Analysis of the Draft Policy and Act from the Government’s Perspective
iii. Analysis of the Draft Act and Regulations Draft from the Applicant’s and User’s Viewpoint
iv. Recommended Amendments to the Draft Act and Regulations

B. WORKPLAN TO IMPLEMENT THE WATER RIGHTS ADMINISTRATION SYSTEM
References
APPENDIX - SAFEGUARD YOUR WATER RIGHTS, HONOR YOUR NEIGHBOR’S AND PROTECT OUR ENVIRONMENT: User and Applicant Manual

Introduction
I. WHO DOES NOT REQUIRE A WATER ENTITLEMENT?
II. WHO NEEDS AN ENTITLEMENT AND WHAT SHOULD S/HE EXPECT?

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