Managing Water Resources in Nepal in the

(Changed) Context of Federal Governance

Participatory River Basin Management as a backbone for

Integrated Water Resource Management under decentralized
system of governance
Learning from best practices & problems

Sanjay Giri
संजय गर

Former Delft Hydraulics

The Netherlands

Internet source
 Presentation outlines

ü Past and present organizational structures for water

resource governance in Nepal
ü On longstanding Spanish experience on water resource
management (WRM) based on River Basin Management
ü On WRM practice in Brazil
ü Some other examples in a nutshell
ü River Basin Authorities for water governance and
participatory WRM in “new” Nepal: Rationale and a first
proposition
ü Concluding remarks
 Past organizational structure of water source governance in
Nepal

Ministry of Transport and

1950+ Industry
Electricity department

Ministry of Construction and

Irrigation department
Communication

Water and Energy Commission ………..

1980+ We were on a right track!

Water and Energy Commission
Irrigation
Water Resource Ministry Nepal Electricity Authority department

Department of Water Induced Disaster Prevention

Department of Electricity Development ………..

 Present organizational structure of water source governance in
Nepal
2009 +
We lost our track again! Water Resource Ministry

Energy Ministry Irrigation Ministry

Water and Energy Commission
Irrigation Department
Secretariat
Department of Water Induced
Department of Hydropower
Disaster Prevention
Nepal Electricity Authority
Ground Water Development Board
Hydropower Investment and
Development Company Limited Water Resource Research &
National Transmission Grid Development Centre
Company Limited
Electricity Generation Company
………..
Limited
 Spain: A country with unique system and variabilities

Ø Spain's governance system is de jure not

federal, but its autonomous regions
have more rights than other federal
countries like USA or Germany
Ø There are 17 autonomous communities
and 2 autonomous cities in Spain.
Ø Nearly two-thirds of Spain is the
mountainous area, and the remainder is
flat and coastal areas. The water is
sufficient in northern region, while
there is scarcity (draught) in the south-
eastern region.
 Spain’s longstanding experience in water resource management
Evolution of RBM models in Spain
Ø Organized water management in Spain
dates back to 8th to 15th centuries
during ruling of the Arab kings.
Ø River Basin Technical Offices were
established in 1903.
Ø River Basin Authorities (RBA) were
established in 1926
Ø Presently, there are 9 RBA for the main
inter-regional basins; 3 regional water
authorities for small rivers in Catalonia,
Basque Country and Galicia and 2
island water authorities in the Balearic
and the Canary Islands
I. The liberal 19th century
model
II. The state led modernist
post colonial model
III. The state-led post civil
war and autocracy model
IV. The democratization and
decentralization model
V. The mercantilization
model.
Adapting EU WFD!
 Spain’s way towards decentralization: The constitution of 1978

Spain's constitution has divided the responsibilities, roles

and rights related to water resources between the center
and the autonomous communities on the basis of river
basin as follows:
(1) If the river basin is within more than one autonomous
communities, then it is within the control of central
government including all activities within the basin like
development, construction and management of
infrastructure, such as dams, hydropower, irrigation etc.
(2) If the river basin is located within one autonomous
community, then it remains under the authority of the
autonomous community.
 Spain’s water law 1985 & regulations: Institutional framework

Ministry of Environment
The Directorate of water works and water quality of
the secretary of state for water and coasts

The highest
The National Water Council
advisory body

River Basin Authorities Regional Water Authorities

Increasing role of
For inter-regional basins For regional basins regional authorities
after 1978 constitution

Planning advisory body

The Basin Water Council
for basin authorities
 Other institutions contributing to Spain’s WRM

At central level

Ø SEPRONA: The specialized service of the civil guards (national police)

for the protection of the Environment. They investigate and prosecute
polluters and other infractions of the water law and report to the RBAs
for administrative infractions or to the judges for ecological crimes
Ø Directorate general of planning and rural development of the ministry of
agriculture and other departments
Ø The national geographical institute
Ø The technological institute of geo-mining of Spain
Ø The centre for hydrographical studies and technical public organizations
providing technical advice on water issues and agriculture
 Other institutions contributing to Spain’s WRM

At regional level

Ø Water users associations and irrigation associations

Ø Public, Private or PPP specialized organizations providing urban water
services
Ø Municipalities providing water services directly (water distribution and
sanitation services) or through groupings of municipalities
 Spain’s participatory water resource management

Scale & level of participation

Ø Participation at national, river basin, regional and local scale.

Ø Participation in policy-making and legislation development, in planning
decisions, in investment/infrastructure decisions, in management
decisions, and in administration and regulatory decisions
Ø Participation also varies depending on whether there is an advisory role,
decision-making role, implementation role, and monitoring and
evaluation role for those that participate in the different types of activities
in water management.
 Spain’s participatory WRM: Different institutional forms

§ The National Water Council

§ The Governing Boards of RBAs
§ The Users Assembly of RBAs
§ The Exploitation Commissions of the RBAs
§ The Dam Management Commissions of the RBAs
§ The River Basin Water Councils
§ The Irrigation Associations
§ The Users Associations
§ The Irrigation Juries
§ The Irrigation Tribunals
MOPU (1995)
§ The General Communities
§ The Central Boards of Users
§ The Communities of Discharge Authorization Holders
Spain’s participatory RBA: Structure & stakeholders’ representation

Governing/ decision- Governing board Central bodies

making body Emergency commission
Regional bodies
Hydropower
Security & Commissaries
protection body Environment
Irrigation
Technical directorate
Construction & o Exploitation commissions
infrastructure o Users assembly
Tourism
management body o Dam management commissions
o Commissions for building
infrastructures
Water supply
Other
Planning o National water council stakeholders
Ground water body o River basin water council

Internal
management General Secretary
 Stakeholders representation in basin authorities and water
councils: Example of Júcar River Basin Authority

River Basin Authority = 6

Central government = 6
Regional governments = 10
Users and socio-economic interests = 10 (Irrigation = 5, Energy = 1, urban
water supply = 2 and other = 2)

Júcar Basin Water Council

River Basin Authority = 5

Central government = 14
Regional governments = 19
Users and other interests = 24

Sources: Fanlo Loras (1995)

Maetsu et al. 2003)
 Stakeholders representation in basin authorities and water
councils: Example of Júcar River Basin Authority
Under risk conditions (droughts and expected floods) the Dam
Management Commission can constitute a permanent committee (only
with RBA officials) and make decisions without meeting with the rest
of the members. It only has to inform the full commission and the
Directorate of Waterworks in Central Government.

Sources: Fanlo Loras (1995)

Maetsu et al. 2003)
Water resource management in Brazil - A Federal State

A large country, rich in water resources

§ Surface water (average flow): ~ 180,000 m3/s

§ 12% of the planet’s water resource
Amazon region = 81%
§ Groundwater availability (extractable quantity): ~11,500 m3/s
Amazon Region = 62%
§ Average precipitation: 1,761 mm (ranging from 500 mm in
semi-arid regions to +3.000 mm in the Amazon region)
Water resource management in Brazil - A Federal State

A large country, rich in water resources

§ Surface water (average flow): ~ 180,000 m3/s

§ 12% of the planet’s water resource
Amazon region = 81%
§ Groundwater availability (extractable quantity): ~11,500 m3/s
Amazon Region = 62%
§ Average precipitation: 1,761 mm (ranging from 500 mm in
semi-arid regions to +3.000 mm in the Amazon region)
Water resource management in Brazil - A Federal State

But not without problems!

Rosa Maria Formiga Johnsson, 2014

 Water resource management in Brazil

All waters are public domain

Federal waters
Rivers that cross through more state
boundaries or into the territory of
other countries

State waters
Groundwater and rivers located
entirely within the territory of a
single State, except when reserved in
the Federal Government’s works

Two levels of management = Two levels of reform for integrated

water resources management!
(5,565 municipalities manage land uses)
Rosa Maria Formiga Johnsson, 2014
 WRM in Brazil: National Water Resource Policy & Laws

Dynamics of Water Law implementation: Inspiration from a state (Sao Paulo)

Rosa Maria Formiga Johnsson, 2014

 The principles of Water Laws

• Water as a finite and vulnerable public good with a large economic value
• In situations of scarcity, the primary use is human and animal
consumption
• Multiple uses of water
• River Basin is the unit of planning and management
• Integrated, decentralized and participatory
 WRM in Brazil: Institutional framework
The highest organization in the system’s
hierarchy, consists of representatives of the
Federal Government ministries as well as
The National Council on
representatives designated by the State
Water Resources (NCWR) Councils on Water Resources and
representatives of water users and civil
organizations

For implementing the National Plan for Water

The National Water Authority
Resources formulated by the NCWR

Organizations that bring together stakeholders

The River Basin Committees
to discuss and decide on their problems

The executive secretariats of the River Basin

The River Basin Water Agencies Committees

They should be represented on the National

The Water Resources Civil
Water Resources Council and should
Organizations (CWO) participate in the decision-making process.
Reference: Wikipedia
 Water disputes: Example of India

Basin management practice in Karnataka: Longstanding water conflicts

with the neighboring states

Ø Water disputes between the neighboring

states
Ø Water sharing between the users
(hydropower, irrigation, water supply)
Ø Issues related to water use and
maintenance expenses in irrigation sector

Attempts are being made to deal with these

issues
Ø Water Users Associations
Ø Advanced Centre for IWRM
 Water disputes: Example of India

India’s major water disputes

Some other examples of water management governance practices
US Army of Corp as a part of WRM in USA Regional Water Authorities
in The Netherlands

The American Water Resources Association

• Clean water as a basic human right, and as
an economic and ecological necessity
• Planning for long term sustainability
• Participatory decision making
• Management based on sound science and
hydrologic units Longstanding experience, useful for
• Realistic measurement of outcomes regional governance and
• Continuous improvement of institutional management of water and
capacity at all levels infrastructures
 Integrated River Basin Management as a backbone for water
governance & water resource management in ‘new’ Nepal

Bikal Mishra @yoursbikal

www.newbusinessage.com/MagazineArticles/view/1488 https://himalayacarbongeomorphology.files.wordpress.com/2015/02/4.png
 Integrated River Basin Management as a backbone for water
governance & water resource management in ‘new’ Nepal: Rationale

Ø For the effective water governance under federal system

Ø For proper cooperation and coordination between state and regional
governments, public and private water users and stakeholders, technical
support departments, institutions and think tanks
Ø For integrated and participatory water resource management as a need of
the hour!
Ø For proper planning, water use regulation, infrastructure building and
management as well as for establishing a centralized and efficient
monitoring and controlling mechanism
 Proposed Federal States vis-à-vis River Basins of Nepal

Present & future water users & stakeholders

Hydropower River basins Irrigation
Water supply Environment

Waterways Tourism
Water-induced Other
disaster prevention stakeholders
Ground water

7 States Central
7 6
Regional
4
5 3 1 Local

2
 Proposed Federal States vis-à-vis River Basins of Nepal

Himalayan River Basins

Koshi Basin Gandaki Basin Karnali Basin Mahakali Basin

State 1 State 2 State 3 State 4 State 5 State 6 State 7

Mid-Mountainous River Basins

Kankai Basin Kamala Basin Bagmati Basin Rapti Basin Babai Basin

State 1 State 2 State 3 State 2 State 5

Southern (Lower Lands) River Basins State 4

State 1 Mechi Bakaiya Mohana Banganaga Tinau Others State 5
State 2 State 6
 Proposed Federal States vis-à-vis River Basins of Nepal

Number of States in each basin 6

7
(with amalgamated basins) 4
5 3 1

2
7
6
7
5

4
5 3

5 3
1
2
3
1
2 1

Map courtesy: HATCH, 2017

 River Basin Authority in Nepal: First Proposition!
Four major Himalayan River Basin Authorities (Koshi basin is combined with
mid-mountainous & southern river basins - Bagmati, Kamala & Kankai)
One Southern River Basin Authorities
Mahakali Basin
Authority
Karnali Basin Authority

Gandaki Basin Authority

“Greater” Koshi Basin

Authority

Rapti-Babai Basin
Authority

Map courtesy: HATCH, 2017

 Participatory RBA in Nepal: Tentative institutional framework
Spanish model, but based on existing central, regional and local
organasitions, departments, authorities, commissions etc.
Ministry of Water Resource
Ministry Irrigation department
Environment
Department of Water Supply
Central
Electricity Governing Department
Development Regional Body Ground Water
Hydroelectricity Development
Local Planning
Investment & Central Board
Body
Development Department of
Company Limited Construction Regional Water-Induced
& Disaster
National Grid Local
Management Management
Transmission
Body
Company Limited Other organizations,
Electricity Generation Security & departments,
Company Limited Control Body institutions,
stakeholders, think
Water & Energy Commission Secretary tanks etc.
Secretariat
 Participatory RBA in Nepal: Tentative institutional framework
Spanish model, but aased on existing central, regional and local
organasitions, departments, authorities, commissions etc.
Ministry of Water Resource
Ministry Irrigation department
Environment
Department of Water Supply
Central
Electricity Governing Department
Governing board
Development Regional Body Ground Water
Hydroelectricity o National water council Development
Local Planning
o River basin Board
Investment & Bodywater council
Central
Development Technical directorate Department of
Company Limited Construction Regional Water-Induced
o Exploitation commissions
& Disaster
National Grid o Users assembly Local
Management Management
Transmission o Infrastructural safety & management commissions
Body
Company Limited o Commissions for building infrastructures
Other organizations,
Electricity Generation Security & army,
Commissaries, departments,
Company Limited Control Body
police etc. institutions,
stakeholders, think
Water & Energy Commission Secretary tanks etc.
Secretariat
 Other organizations, departments, institutions for technical
expertise & knowledge support for policy- & decision-making
o Water Resource Research and Development Center
o Department of Hydrology & Meteorology
o Department of Soil Conservation & Watershed Management
o Department of Water-Induced Disaster Management
o Ground Water Development Board
o Department of Water Resources Research and Development
o NEA (Nepal Electricity Authority) Engineering Company Limited
o WECS

o River basin management research centres

o Database, remote-sensing, information centres THINK TANKS
o Centres for river flow and morphological studies COEs
o Physical and computational modelling centres
and laboratories

R&D centers and think tanks, special educational institutions and

training centers etc. should be not only at the central, but also at the
regional and local levels.
 Advanced & integrated knowledge & technologies

Integrated knowledge platform & tools

Flow management Forecasting Operation optimization Structural safety

Sediment management
Basin management

Risk management
Asset management

Specialized knowledge
institutes
Think tanks
R&D centres
Innovation centres
………..
 Advanced & integrated knowledge & technologies

Computational modelling, laboratory & field experimental facilities

 Concluding remarks

The changed governance system in Nepal shall be used as

an opportunity given the fact that water is seen to be the
main resource for the country's development

Presently existing central, regional and local organizations, bodies,

departments, authorities, commissions, committees, user associations etc.
could be effectively used for institutional set-up of River Basin Authorities

Developments, problems, disputes

o In the course of time the changes could be expected in regards to the

political, economic and social status of the country that might lead to
change in power balance between the centre and the states, their
independency, capacity and impacts (administrative, financial,
technical)
o Growing (or decreasing) influence of the private sector's engagement,
role and impacts
o Various obstacles, difficulties and disputes between states
 Concluding remarks

Preparedness for problems, disputes and their solutions

Necessary criteria for effective function of RBA

o It is obvious that water laws, policies and regulations would need to be

amended and adapted in the course of time and development

o Regular and deep coordination and cooperation between all the concerned
bodies (central, regional and local), departments, committees, user
associations (hydropower, irrigation, drinking water, ground water, ecology
and environment, climate, waterways, water-induced disaster management)
and other stakeholders
o Central and regional support and investment in favor of advanced
knowledge and innovative technologies and centres
 Concluding remarks

The water governance and integrated management based on River Basin

Authorities would also help Nepal to deal effectively with water-related issues
with the neighboring country
 I acknowledge all freely available publications and materials as well as some
personal communication, based on which this presentation has been prepared.
Some information and references are old and could be outdated.

Thank You ध यवाद