FEDERAL CONSTITUTIONFEDERAL CONSTITUTIONAmended in 1988Amended in 1988

““Art 21. Art 21. The Union shall: ...The Union shall: ...

XIX – implement a National XIX – implement a National Water Resources Management Water Resources Management System and define criteria for System and define criteria for authorization of water use”authorization of water use”

FEDERAL CONSTITUTIONFEDERAL CONSTITUTIONAmended in 1988Amended in 1988

““Art 21. Art 21. The Union shall: ...The Union shall: ...

XIX – implement a National XIX – implement a National Water Resources Management Water Resources Management System and define criteria for System and define criteria for authorization of water use”authorization of water use”

Legal Legal InstrumentsInstrumentsLegal Legal InstrumentsInstruments Law 9.433/1997 “WATER LAW”Law 9.433/1997 “WATER LAW”

Establishes the National Water Resources Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution

Law 9.984/2000 “ANA’S LAW”Law 9.984/2000 “ANA’S LAW”

Creates the National Water Agency (ANA), a federal institution to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System

Law 9.433/1997 “WATER LAW”Law 9.433/1997 “WATER LAW”

Establishes the National Water Resources Policy, the National Water Resources Management System and provides regulation for Paragraph XIX, Article 21, of the Federal Constitution

Law 9.984/2000 “ANA’S LAW”Law 9.984/2000 “ANA’S LAW”

Creates the National Water Agency (ANA), a federal institution to implement the National Water Resources Policy and to co-ordinate the National Water Resources Management System

- Water is a public good;- Water is a public good;

National Water Resources Policy

Basic Principles

- Water is a limited natural resource, - Water is a limited natural resource, which has economic value; which has economic value;

- Priority in the use of water resources is - Priority in the use of water resources is given to human consumption and the given to human consumption and the watering of animals; watering of animals;

- Water resources management should - Water resources management should always allow for multiple uses of water; always allow for multiple uses of water;

National Water Resources Policy

Basic Principles

- Water resources management shall be - Water resources management shall be decentralized and shall involve participation of decentralized and shall involve participation of the Government, water users, local the Government, water users, local communities and the organized civil society.communities and the organized civil society.

National Water Resources Policy

Basic Principles

- The - The river basinriver basin is the territorial unit is the territorial unit for the implementation of National for the implementation of National Water Resources Management SystemWater Resources Management System

Art. 39. The River Basin Committees are composed Art. 39. The River Basin Committees are composed of representatives of: of representatives of:

1.1.-The Federal Government; -The Federal Government;

2.2.-The States or the Federal District in which they are located; -The States or the Federal District in which they are located;

3.3.-The Municipalities in which they are located, entirely or in -The Municipalities in which they are located, entirely or in part;part;

4.4.-The water users ; -The water users ;

5.5.-Civil society organizations related to water resources that -Civil society organizations related to water resources that have a demonstrated record of action in the basin.have a demonstrated record of action in the basin. The number of representatives from each sector mentioned The number of representatives from each sector mentioned above, and the criteria for their appointment, shall be above, and the criteria for their appointment, shall be determined in the by-laws of the committees. The determined in the by-laws of the committees. The representation of the Federal Government, the States, the representation of the Federal Government, the States, the Federal District, and the Municipalities shall be limited to Federal District, and the Municipalities shall be limited to

half the total number of members.half the total number of members.

RIVER BASIN COMMITTEE

ANA

AGÊNCIA NACIONAL DE ÁGUAS POLICY IMPLEMENTATION INSTRUMENTSPOLICY IMPLEMENTATION INSTRUMENTS

Water Permits

Cobrança pelouso dos recursos

hídricos

Water Charges

Sistema deInformações

InformationSystem

Enquadramento doscorpos d' água

Water Bodies classification

Fiscalização Control

Plano de RecursosHídricos

Water Resources Plan

National

State

Basin

CNRH MMA

StateGovernment

SRH

StateAuthorityCERH

ANA

Basin Committee

Basin

Agency

Council Government Authority Water Board TechnicalOffice

National Water Resources Management System - SINGRH

Inst.

Level

MISSIONMISSION

WATER USE IN FEDERAL RIVERS WATER USE IN

FEDERAL RIVERS

WATER USE IN FEDERAL RIVERS

WATER USE IN FEDERAL RIVERS

ARBITRATE CONFLICT AMONG USERS CONFLICT AMONG USERS

AUTHORIZE

CONTROLRE

GU

LA

TO

RY

RE

GU

LA

TO

RY

EX

EC

UT

IVE

EX

EC

UT

IVE

Nat’nl. Water Res. Management System (SINGRH)

RIVER BASIN MANAGEMENT RIVER BASIN

MANAGEMENT

ANA

Organizational StructureANA

Organizational Structure

Board of DirectorsBoard of Directors

Attorney GeneralAttorney General

Technical Superintendencies Technical Superintendencies

Executive SecretaryExecutive Secretary

ORGANIZATION AT THE RIVER BASIN LEVEL

FEDERAL(ANA)

STATE(Management

Agency)

Harmonization of Management

Instruments (Permits, Control and Charges)

(Integration (Integration Agreement)Agreement)

MUNICIPAL

BASIN COMMITTEE(Parliament)

BASIN AGENCY(Not for Profit Organization)

Executive Branch of the Basin Committee

Users:

. Domestic and industrial water supply . irrigation . hydropower . navigation . fishing . ecology . Leisure and Tourism

Professional and Scientific Associations

University Non governmental Organizations (NGO)

GOVERNMNENTAL

Management Contract

NONGOVERNMENTAL

Management Contract

(Cooperation Agreement)

RIVER BASIN RIVER BASIN COMMITTEES – COMMITTEES –

STATES AND UNIONSTATES AND UNION

2001 2002 55

1996 1997 60

2002 2003 50

2002 2008 45

2001 2002 60

STATE RIVER BASIN COMMITTEESTATE RIVER BASIN COMMITTEE

2001 2002 55

2003 2004 34

Paraiba River Basin Committee

INTEGRATED RIVER BASIN INTEGRATED RIVER BASIN MANAGEMENT SYSTEM OF MANAGEMENT SYSTEM OF

THE PARAÍBA RIVER THE PARAÍBA RIVER SYSTEMSYSTEM

Paraíba River Basin

Drainage Area: 55,000 Km2

Paraiba river length: 1,150 Km

180 municipalities (SP = 39, RJ = 53 e MG = 88)

Population: 5,800,000 + 8,000,000 in Rio de Janeiro city

Industries: 3,500

Hydropower installed: 1,500 MW

Irrigation: 71,000 hectares

Water supply coverage = 92 %

Sewage collection coverage = 69 %

Sewage treatment = 11 %

Basin yield: 312 m3/s (Q95% at basin outlet)

Total estimated water demand: 265 m3/s (including interbasin transfer)

Interbasin Transfer to Guandu Interbasin Transfer to Guandu RiverRiver

Flow transfer at 180 m3/s

Hydropower generation in the Light Complex

Responsible for Metropolitan Rio water supply (~ 50 m3/s)

Main Problems Water pollution due to untreated

effluent discharges Low soil fertility Severe erosion problems Deforestation (11% forest cover) Interbasin transfer restraining

water uses in the Paraiba river upstream and downstream of the diversion site

Main Institutional Challenges

Multiple Jurisdictions – Union, SP, RJ, MG Multiple River Basin Organizations Different stages of development in the States Different levels of capacity building in the States water agencies Diversity of norms and standards

River Basin Organizations

Paraíba River Basin Committee (1996)

Paraíba River BasinCommittee in

São Paulo State (1994)

Consortium of the middle Paraíba (2001)

Pomba – Muriaé RiverBasin Committee

(2001)

Grande - Dois Rios River Basin

Committee (2006)Consortium Grande -

Dois Rios (2001)

Consortium Muriaé (1997)

Consortium Pomba (1998)

Consortium Carangola (2001)

Paraibuna River Basin Committee (2005)

MAJOR ACHIEVIMENTS

BASIN COMMITTEE AND BASIN BASIN COMMITTEE AND BASIN AGENCY IMPLEMENTEDAGENCY IMPLEMENTED

PARTICIPATION OF DIFFERENT SECTORS IN THE PARAIBA PARTICIPATION OF DIFFERENT SECTORS IN THE PARAIBA RIVER COMMITEEERIVER COMMITEEE

• WATER COMPACT SIGNED BY MINAS WATER COMPACT SIGNED BY MINAS GERAIS, SAO PAULO, RIO DE JANEIRO, GERAIS, SAO PAULO, RIO DE JANEIRO, ANA AND BASIN COMMITTEEANA AND BASIN COMMITTEE

• Implementation of integrated river Implementation of integrated river basin management regardless of basin management regardless of water jurisdiction through: water jurisdiction through:

• Standardization of criteria for Standardization of criteria for permits and chargespermits and charges

• Implementation of a water Implementation of a water resources information systemresources information system

Water Users Registry16/Sep/02 a 16/Dec/02 ~ 31/Mar/03

Declaratory

Compulsory

Entire Basin

4, 651 USERS(16 Jun 07)

Investment ProgramR$ 3 Billion in 20 years = R$ 150 Million / year

Initial Investment Program - R$ 120 MillionStructural Actions – Sewage Treatment Plants and

Erosion Control

Nonstructural Actions – awareness raising in water issues, mobilization for public participation, education and training

WATER RESOURCES PLANApproved in Sep 2002

1 US$ = 1.90 R$1 US$ = 1.90 R$

Water Resources Management Support Department – ANA

Bulk Water Charging

ValueABS = QABS x KABS CLASS x PPUABS

ValueCOM = (QABS - QEFL) x PPUCOM

ValueBOD = LDBOD x PPUBOD

LDBOD = C BOD x QEFL

Water Resources Management Support Department – ANA

Irrigation and Animal Demand

ValueAGRO= (ValueABS + ValueCOM) x KAGROPEC

KAGRO = varies according to water use efficiency (from 0,05 to 0,5)

Bulk Water Charging

Water Resources Management Support Department – ANA

Charging Prices

* 1 EUR = 2,52 R$

Paraiba do Sul

PCJParaiba do

SulPCJ

Bulk Water Abstraction (Captação) PPUCAP 1000 m3 10,0 10,0 4,0 4,0

Bulk Water Consumption (Consumo) PPUCON 1000 m3 20,0 20,0 7,9 7,9

Organic Load Disposal – BOD (Lançamento DBO)

PPUDBO 1000 kg 70,0 100,0 27,8 39,7

Basin Reversion (Transposição) PPUTRANSP 1000 m3 - 15,00 - 6,0

UseUnitary Price (R$) Unitary Price (EUR)*

Term Unit

Water Resources Management Support Department – ANA

Impact on UsersImpact on Users

Sector

Average impact on expenses (%)

Paraíba do Sul PCJ

Water supply and sanitation

2,20 1,32

Industrial 0,02 -

Rice Irrigation 0,16 0,67

Tomato Irrigation - 0,02

Sugar cane Irrigation - 0,51

Water Resources Management Support Department – ANA

* 1 EUR = 2,52 R$

Income

Paraíba do Sul (2003 to 2006)

PCJ (2006) TotalParaíba do Sul (2003 to 2006)

PCJ (2006) Total

Water supply and sanitation 16.668.488 8.950.021 25.618.509 6.614.479 3.551.596 10.166.075

Industrial 7.980.447 1.422.493 9.402.940 3.166.844 564.481 3.731.325

Mining 19.434 435 19.869 7.712 173 7.885

Irrigation and Animal Demand 11.000 9.102 20.102 4.365 3.612 7.977

Others 53.474 342.070 395.544 21.220 135.742 156.962

Total 24.732.843 10.724.121 35.456.964 9.814.620 4.255.604 14.070.224

Income (R$) Income (EUR)*Sector

Water Resources Management Support Department – ANA

* 1 EUR = 2,52 R$

Investments

Total: 100 Projects - representingaround 10% of the total investment needed per year

Paraíba do Sul (2003 to 2006)

PCJ (2006) TotalParaíba do Sul (2003 to 2006)

PCJ (2006) Total

Sanitation 18,32 8,82 27,14 7,27 3,50 10,77

Operating costs and management support 3,62 1,30 4,92 1,44 0,52 1,95

Others 5,71 - 5,71 2,27 - 2,27

Total 27,65 10,12 37,77 10,97 4,02 14,99

Investment (1.000.000 R$) Investment (1.000.000 EUR*)

WATER CHARGES INVERSIONS WATER CHARGES INVERSIONS IN THE PARAIBA RIVER BASININ THE PARAIBA RIVER BASIN

(first results)(first results)• Sewage Treatment Plant of São

Silvestre – Jacareí (SP)– Investment: R$ 2 million (R$ 1.3 million

from water charges and R$ 700,000 from public/private partnership SAAE / Votorantim)

• Direct Benefit: 9,000 people• Indirect Benefit: 180,000 people using Paraíba

do Sul river downstream for water supply.

1 US$ = 1.90 R$1 US$ = 1.90 R$

SÃO SILVESTRE STPSÃO SILVESTRE STP

IWRM concept is fully incorporated in IWRM concept is fully incorporated in the Brazilian water resources legislation;the Brazilian water resources legislation;

Reform of the water resources sector Reform of the water resources sector involved: decentralization of decisions; involved: decentralization of decisions; planning and management at the river planning and management at the river basin level; independent regulation of basin level; independent regulation of water use and utilization of the user-pays water use and utilization of the user-pays and polluter-pays principle;and polluter-pays principle;

CONCLUSIONSCONCLUSIONS

CONCLUSIONSCONCLUSIONS

Appropriate legislation is a necessary Appropriate legislation is a necessary condition, but is not sufficient. Political condition, but is not sufficient. Political will and adequate institutions are will and adequate institutions are fundamental for the implementation of fundamental for the implementation of water reform; water reform;

CONCLUSIONSCONCLUSIONS

ANA plays a dual role: executive ANA plays a dual role: executive agency responsible for the agency responsible for the implementation of the national waer implementation of the national waer resources management system and resources management system and regulation of water use in federal rivers. regulation of water use in federal rivers. Its autonomy assures technical Its autonomy assures technical treatment of complex problems with treatment of complex problems with exemptionexemption

CONCLUSIONSCONCLUSIONS

Paraiba do Sul river basin is fully Paraiba do Sul river basin is fully operational: river basin committee and operational: river basin committee and agency in place, integrated river basin agency in place, integrated river basin plan approved, water users registry, plan approved, water users registry, water permits and bulk water charges water permits and bulk water charges implemented and water resources implemented and water resources information system developedinformation system developed

THANK YOU

OBRIGADO

benbraga@ana.gov.br