Sister Watersheds Research Project

Understanding Watershed Politics

Among the objectives of the Sister Watershed project, one major priority was to promote access to water management policy information in both countries involved in the project, mainly regarding civil society engagement in the water governance systems of each region. Thus, we collected data on the policy structures, the corresponding legislation, and the possibilities for civil society participation in both places where the project was active: the National Water Resources Management System (SINGREH), enacted by Brazilian Federal Law n° 9.433/97, and the State System of Water Resources Management, enacted by São Paulo State Law n° 7.663/91, as well as corresponding policies and laws in Ontario.

National Scope

The national system for shared water resources management

Brazil's federal Water Law, number 9.433, was enacted on January 8, 1997, along the same lines as São Paulo State Law 7.663 of 1991, but covering the whole national territory. This federal law set up the following organizations: the CNRH - National Council of Water Resources; the CERHs - State Councils of Water Resources; watershed committees; and Water Agencies.

SINGREH, the National Water Resources Management System, operates at the federal level; other entities at state level include a Council, watershed committees (divided into Committees for federal rivers which flow through several states, and Committees for state rivers which are entirely within one state), and Water Agencies.

NRH, The National Council of Water Resources

This is the most significant institution in the SINGREH hierarchy, and it performs the following functions: to promote water resources planning with national, regional, state, and user sectors; to discuss projects involving the use of water resources; to implement the National Plan on Water Resources; to establish general criteria and charges for granting water resources usage rights. It is composed of representatives of federal Ministries and Secretaries engaged in water resources management; representatives appointed by State Councils of Water Resources; water user representatives, and representatives of civil society organizations related to water resources.

The Council decides major issues related to the water resources sector, and settles important issues of contention. It is also up to the Council to create watershed committees in rivers under federal jurisdiction (those that flow across state borders), in order to optimize the effectiveness of water committees. To do this, it established rules through Administrative Act n° 05, issued on April 10, 2000.

MMA/SRH, Secretary of Water Resources of the Environment Ministry

The Secretary of Water Resources of the Environment Ministry (MMA/SRH) was created in 1995, as an integral part of the basic structure of the Environment Ministry and of the National Management System of Water Resources, and its responsibilities were defined by Law Decree n° 4.755, enacted on June 20, 2003:

"Art. 11. To the Secretary of Water Resources is due to propose the formulation of the National Water Resources Policy, as well as to follow and monitor its implementation, according to the letter of Law n° 9.433, enacted as of January 8, 1997, and Law n° 9.984, as of July 17, 2000, particularly in relation to:

• I - monitor the operation of The National Management System of Water Resources;
• II - promote the integration of water resource management with environmental management;
• III - coordinate the development and implementation follow-up of the National Plan on Water Resources;
• IV - promote technical and scientific cooperation related to the National Policy on Water Resources;
• V - promote and articulate with state, federal and international organs and entities, technical studies related to water resources and propose solutions' routing; and
• VI - coordinate, within its jurisdiction power, the elaboration of plans, programs and national projects, referring underground waters, and monitor the development of its actions, within the principle of integrated management of water resources.

The Water Resources Secretary is also acts as executive secretary of the National Council of Water Resources."

ANA, National Water Agency

The National Water Agency is a public/private organization with administrative and financial autonomy, linked to the Environment Ministry. It is responsible for the implementation of the National Water Resources Policy.

ANA's creation project was approved by the National Congress as of June 7, 2000, becoming Law 9,984, sanctioned by the interim President, Marco Maciel, in following July 17, 2000.

Besides being responsible for the enforcement of the National Water Resources Policy, the ANA is involved in the implementation of the Water Law of 1997 governing the use of water resources in Brazil.

Watershed Committees

Watershed committees have the following objectives: to promote debates on subjects related to the water resources of the watershed; to coordinate activities of entities that work in this area; to arbitrate conflicts related to water resources; to approve and implement the Water Resources Plan for the watershed; to set up collection mechanisms for charges related to the use of water resources and suggest amounts to be charged; to establish criteria and promote cost sharing for multiple water use projects of common or collective interest.

Committees are created for rivers in federal jurisdiction, composed of public representatives of the federal government, States, the Federal District, municipal districts, and representatives of the community, such as water users in the jurisdiction and civil society organizations which are involved in the watershed.

The proportionality of representation among those groups was defined by the National Council on Water Resources, through Administrative Act n° 05 of April 10, 2000. This establishes guidelines for the formation and operation of watershed committees, and sets a standard in relation to the participation of civil society on Committees. The Administrative Act states that water users' representatives shall be 40% of the total number of representatives on the Committee. The sum of municipal, state and federal government representatives cannot exceed 40% of the total, and representatives of organized civil society groups shall be at least 20%.

On the watershed committees of rivers that trace national boundaries, the watershed committee representatives shall include Brazilian Foreign Office representatives and, in territories that include indigenous lands, representatives of the National Indian Foundation (FUNAI) and of the respective indigenous people.

Each State of the Union was to develop its own regulations to set up watershed committees for rivers under its domain. Within a few years, some States (for instance São Paulo, Minas Gerais, Rio Grande do Sul and Espírito Santo) were already in an advanced stage of this process, with several state watershed committees already created.

National Laws

Federal Laws:

Law n° 5.357, de 07/12/67:Sets penalties for marine or fluvial vessels that emit debris or oil in Brazilian territorial waters

Law n° 4.771, de 15/09/65: Forestry Code

Law n° 6.938, de 31/08/81: Sets the National Environmental Policy

Law n° 7.661, de 16/05/88: Sets the National Plan of Coastal Management

Law n° 9.433, de 08/ 01/97: Sets the National Water Resources Policy

Federal Decree Laws:

Decree n° 89.336, de 31/01/84:Provisions on the Ecological Reserves and areas of relevant Ecological Interest

Decree n° 99.274, de 06/06/90:Regulates Law n°6.938, on the National Environmental Policy

Conama Administrative Acts:

Administrative Act n° 04, de 18/09/85:Defines Ecological Reserves

Administrative Act n° 20, de 18/06/86:Classifies waters according to their major use

State Scope

The State System for Integrated Water Resource Management - São Paulo

Concerns of government (federal, state, municipal) and civil society regarding the use of water resources arose from a situation of deteriorating water quality, increasing water demand, and conflicts within the water use sector which occurred in many areas of the country and especially in São Paulo. These issues were brought to the political agenda of many politicians and discussion began on the future of public water use and management.

Decree Law n° 27,576/87 of the State of São Paulo created the first State Council of Water Resources constituted by the State Government in 1987. Its tasks involved proposing a government policy, structuring a state system of water resource management, and creating a state plan on water resources.

As of February 7, 1991, Decree Law n° 32,954 approved the State Plan on Water Resources (PERH). It was a technical document that revealed the worrisome future of water resources in the State of São Paulo if water demand and population growth continued at the same pace.

As of December 30, 1991, Decree Law 7,663 enacted the State Policy on Water Resources and the Integrated System of Water Resources Management. The focus was to monitor public water use, and was seen as a milestone in the State of São Paulo.

The state management system is based on the coordination of three components, the deliberative, the technical, and the financial. The management of these three components strengthens the influence of participation and committee actions and ensures the protection of environment and sanitation.

Deliberative: (the CRH)

The State Council of Water Resources is an entity at the central level with even representation from the State, municipal districts and civil society each with 1/3 of the votes. Watershed committees are decentralized units with even representation of State, municipal districts, and civil society also with 1/3 of the votes.

Technical: (the CORHI)

The Coordinating Committee of the State Plan on Water Resources is responsible for supporting the National Council of Water Resources and the watershed committee in formulating the State Plan of Water Resources (PERH). The PERH integrates the Watershed's Plans and the Situation report and serves as an instrument to evaluate the success of the implementation of the plan.

Financial: (FEHIDRO)

The State Fund for Water Resources is intended to offer financial support to the State Policy on Water Resources. The fund receives budgetary resources from the State and Municipal Districts that are provided by hydraulic power revenues, by national and international loans and (in principle) by charging for water use. FEHIDRO is supervised by a guiding council (COFEHIDRO) which is composed of three parties (State, municipal districts, civil society) and which approves applications according to the objectives established in PERH. FEHIDRO is most recognized for charging for the use of water resources.

The system operates through an interactive process, in which the Committees define regional priorities, programs and projects according to the guidelines of the The National Council of Water Resources and submits them for approval to the House of Representatives.

Watershed Committees

Watershed committees are democratic bodies made up of representatives of the State, municipal districts and civil society. Their establishment resulted from efforts to modernize the public service over at least 15 years of discussion and debates surrounding the democratization of the water resources sector. The questions which made up this debate included centralization / decentralization of water services provision, balancing water use for energy / public supply / irrigation / industry, the water responsibilities of federal / state / municipal governments, and economic development / environmental preservation.

The first attempt to establish the planning and management of water resources by watershed was in 1978. The Inter-Ministry Administration Act n° 90 of the Ministry of Interior, Mines and Energy created the Integrated State Executive Committees for Hydrographical Watersheds (CEEIBH). CEEIBH was responsible for reporting to a specific committee within the federal government. The role of these committees was limited to reconciling interests among several public players; however, lack of decision making power, the exclusion of municipal districts and civil society, and the limited scope of the meetings resulted in this initiative's losing power and finally being dismantled. At the same time, technical and scientific associations and environmental groups began to request that environmental recovery begin for the degraded watersheds. This movement was responding to the inertia of the federal government and advocated a new policy to incorporate the various stakeholders that share water.

In São Paulo, State Law 7.663/91 created two watershed committees in critical areas: the watershed of the Piracicaba, Capivari, and Jundiaí Rivers covering 57 counties in November 1993, and the Upper Tietê watershed in the metropolitan area of São Paulo covering 34 counties in December 1994. The 1994-5 State Plan on Water Resources defined 22 Water Resources Management Units (UGRHI).

The responsibilities of the watershed committees include the approval of proposals from the watershed for annual plans for the use of financial resources and proposals for water usage, conservation, protection and recovery of watershed resources.

The composition of these committees is defined by statutes which set out the distribution of voting rights to the following three groups: State government representatives (responsible for management and use of water resources, environmental protection, strategic planning and State financial management), representatives of municipal districts within the watershed, and representatives of civil society. The committee's decisions are made by majority vote.

State Laws of São Paulo

Law n° 898, established in 18/12/75: Controls top-soil usage in order to protect springs, water courses, reservoirs and other water resources of interest to the Metropolitan area of greater São Paulo.

Law n° 997, established 31/05/76: Regulates environmental pollution

Law n° 1172, established 17/11/76: Defines protection areas for springs, water courses, and reservoirs

Law n° 6.134, established 02/06/88: Regulates the preservation of natural deposits of ground water in the State of São Paulo

Law n° 7.663, established 30/12/91: Sets Water Resource Policy

Law n° 7.750, established 31/03/92: Regulates Sanitation Policy

Law n° 9.509, established 20/03/97: Regulates State Environmental Policy

Law n° 9.866, established 28/11/97: Provides guidelines and standards for the protection and recovery of water watersheds within the State of São Paulo

State Law Decrees for São Paulo

Decree n° 9714, established 19/04/77: Approved regulation laws of 898/75 and 1172/76

Decree n° 10755, established 22/11/77: Regulates on framing of watershed management in the classification foreseen by Law Decree