Assessing water tenure for food security, equity and climate adaptation
Water tenure has been defined as “the relationship, whether legally or customarily defined, between people, as individuals or groups, with respect to water resources” (Hodgson, 2016). Water tenure determines how people obtain rights to water resources, including the rights to access, impound, use and manage water, gain access to information on water resources and participate in decisions on water resources management.
To ensure the equitable distribution of water and to protect natural ecosystems, it is important that existing water tenure arrangements are coherent and that all legitimate tenure rights are recognized by national legislation.
Water tenure arrangements can be very complex and vary considerably, including within the same country. Such arrangements are influenced by local and social practices, traditions and status, geography, environment and livelihood practices. Different water tenure arrangements may coexist and overlap in the same region and water tenure holders may be part of more than one water tenure arrangement.
Water tenure assessment in Sri Lanka
The Malwathu Oya river basin is the second largest river basin in Sri Lanka (3 284 km2) and one of the major agricultural areas in the country. The project area, the Malwathu Oya southern catchment, extends over 77 950 hectares. The population in the area has been estimated at 204 775. Agriculture – especially rice farming – is the predominant livelihoods of households, 14 759 of which engage in agriculture.
Sri Lanka currently experiences spatial and temporal water scarcities, and there is an increasing demand and competition for water resources. Water scarcity and the risk of conflicts over sharing water are expected to only increase in future.
The KnoWat assessment identified and compared various water tenure arrangements in the project area, as well as at the national level, and highlighted the threats, issues and conflicts involved. It provided recommendations for decision-makers on how to achieve more responsible and equitable governance of water tenure.
Currently, 52 legislations govern Sri Lanka’s overall water sector. Forty state agencies housed in various line ministries are involved in administering water resources and addressing challenges related to water resources.
Key recommendations for the responsible governance of water resources tenure include:
• Improve the management of irrigation water, particularly monitoring the provision of irrigation water to calculate the exact and adequate amount of water needed for paddy. This is important since irrigation is the main water user.
• Bring all water sector institutions under one umbrella to simplify collective and inclusive planning, reduce costs and speed up decision-making in the water sector.
• Establish an overarching policy to govern the water sector and an appropriate governance structure for basin management .
• Implement existing rules and regulations to control illegal and unregulated water use and reduce water-related conflicts between water users and tenure regimes.
• Streamline water sector laws and have a separate water law for the country. Most water laws are out of date and responsibilities are spread out among large number of agencies. There is also overlap, with some water sector government agencies implementing other agency’s acts rather than their own .
• Review the provincial administration layer created by the 13th Amendment of the Constitution, taking into account the issues between central and provincial government agencies and come up with an acceptable solution to overcome the issues to improve collaboration and coordination, in particular regarding water governance.
• Improve coordination among existing water sector agencies by implementing common systems and procedures and encouraging participatory water sector planning.
• The role of project management committees (PMCs) in water tenure governance and water management should be further strengthened with a view to providing equitable and sustainable water services for all. Membership of the PMCs should be expanded to include all water sector stakeholders.
• At the national level, strengthen the water management panel for science-based decision-making and participatory water management mechanisms.
• Establish free sharing of data and information among water users and institutions to enable better decision-making.
• Introduce modern water tenure arrangements where possible to minimize water tenure insecurity.