1. INDO-EUROPEAN WATER FORUM DELHI, NOVEMBER 2015 Flore Lafaye de Micheaux

2. Presentation outline Introduction Comparison of objectives & definitions Thematic analysis Recommendations stemming from the comparison Conclusion/discussion

3. Introduction 1/ Why a water framework legislation ? Two very different contexts 2/ Why a comparison between India and Europe ? Common challenges

4. Context of emergence of a water framework legislation End of 70’s, 80’s, 90’s, striking industrial accidents worldwide + In Europe, growing concerns related to natural heritage degradation and to health issues (scientific papers on chronic diseases and cancer prevalence) In India, growing water scarcity related issues like groundwater depletion (ex. Punjab) => consequences on agricultural yields and general access to water multiple water conflicts, at all scales

5. Conditions for emergence? Public opinions in Europe in favor of strengthening environmental legislation + Since 1986, the environment has been a clear competence of the European Union + Sectoral approach of water proved insufficient

7. And in India? National Water Policy 1987, reviewed in 2002 and 2012 Need for a national water framework legislation raised by National Commission for Integrated Water Resources Development (NCIWRD) in 1999 Draft WFL in 2011 (12 th Five-year Plan Working Group on Water governance) Current draft 2013 presented by the Ministry, laying down “governing principles” and “making them justiciable”

9. Common challenges Strong internal disparities in water availability Groundwater depletion and pollution of water resources Dramatic flood & drought

10. In 2013, Uttarakhand Central Europa

11. Source: ETC/ICM, Prague, 2012

12. Source: Unesco/FAO/SaciWaters, 2013

14. Common challenges How to implement: an integrated and participatory approach of water issues? river basin management, in line with the hydrologic cycle? “Dublin statement and principles”, Jan. 1992 designed for the Earth Summit 1992, Rio

15. Comparison of objectives & definitions

16. European directive (WFD) objectives Stated in article 1 entitled “purpose”: “The purpose of this Directive is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater (…) and thereby contributes to: the provision of the sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use, a significant reduction in pollution of groundwater, the protection of territorial and marine waters, and achieving the objectives of relevant international agreements, including those which aim to prevent and eliminate pollution of the marine environment (…).”

17. Indian draft law (WFL) objectives Mentioned in the sub-title of the Bill: “A bill to establish a framework with governing principles for protection, conservation and regulation of waters and for matters connected therewith and incidental thereto”

18. Different orientations of the texts The WFD is a legally binding instrument while the Indian draft WFL sets up general “governing principles” applicable to the exercise of legislative and executive powers at Central, State and local levels (no penalty provision). The Indian text has a much greater focus on social matters The European WFD is predominantly results-oriented set of detailed provisions regarding monitoring

19. Focus on social matters (draft WFL) “(2) Local Authorities and the appropriate Government shall take all measures to plan and manage water resources equitably, sustainably, and in a socially just manner.” Precedence of the use of water for domestic purpose: “water as a sustainer of human life” (6), over other uses such as agricultural, industrial, or commercial uses. Emphasis on affordability and pro-poor issues “(18) water pricing on economic principles conditional upon the principle of differential pricing of water for the pre-emptive uses of water for drinking and sanitation upon high priority allocation for ensuring food security and supporting livelihood for the poor” Promotion of participatory approach in a dedicated article, article 15. The text notably requires the “involvement of women and other users”.

20. Comparison of definitions 35 WFD’s definitions belong to scientific and technical lexica, while 11 only in the Indian text. In the European text, 9 definitions refer to “good” or not good “status of water body”. 7 out of 30 Indian definitions are related to social and economic aspects (like eligible households, livelihood, etc.), while only 4 out of 41 in the European text. 6 definitions are related to governing principles in the Indian draft WFL.

22. Governing principles: convergence?

23. Governing principles: divergence?

24. Governing principles: divergence

25. Thematic analysis (extracts)

26. Topics developed by draft WFL

27. Preservation of quality In the draft WFL, some general measures added to existing legislation: “Article 5 - (i) minimising the generation of waste in all water uses, reducing non-point source of pollution, recovering, to the extent possible, water for some uses from waste and ensuring that nothing that does not meet certain stringent quality standards, as may be prescribed, is allowed to enter water sources.” Confirmation of existing standards.

28. Preservation of quality In the WFD, this topic is central. Key innovations of the text versus previous EU legislation: - combined approach i.e. at source and in the environment - each surface water body should reach a “good status”, which refers to “ecological status” (physico-chemical conditions and biological quality) and “chemical status” (41 substances to be monitored), -introduction of biological indicators for a more integrated and scientific accurate assessment of water quality

29. Source: WFD UKTAG – UK development and status of phytoplankton tools

32. Integrated River Basin Management/Development None of the frameworks impose the creation of a dedicated organization for each river basin. However, a competent authority has to be designated for each river basin in the European approach. NB: The European level seeks from Member states information on “respective position, legal status and administrative responsibilities of the designated authorities”

33. Integrated River Basin Management/Development The WFD requires a River Basin Management Plan (RBMP) for each river basin while, in the Indian approach, a River Basin Master Plan is required only where a river basin organization has been set up by the state Contents of the River Basin Plans largely differ, but current status assessment is required in both contexts. Other documents are also required (water resources perspective plans, assessment of demand for water)

34. Management of floods Flood Directive 2007 = complement the WFD with regards to flood risk management Focuses on prevention, preparedness and protection measures The objective is to develop a planning approach with the successive drafting of preliminary flood risk assessments, flood hazard maps, flood risk maps and flood risk management plans

35. Management of floods The draft WFL promotes a series of measures, rather than a planning approach General measures: rehabilitation of natural drainage system, preparation of emergency action plans and disaster management plans, expansion of flood forecasting systems with real-time data acquisition and appropriate operating procedures for reservoirs As of now, the mention by National Water Policy 2012 of "frequency based flood inundation maps" is not kept in the draft WFL

36. Recommendations stemming from the comparison

37. Responsibilities and legal status of institutions Further clarification could be brought in the text: What are the “appropriate government” to “specify the quality standards of water supply”, ”expand flood forecasting”, “lay down principles for allocation of water resources” or “demarcate groundwater recharge zones for water sharing”? What administrative responsibilities for “river basin/sub-basin organization”, “high-powered committees”, “appropriate agency” for each river basin/sub-basin to “collect and collate all data with regard to water”? What respective interactions and coordination required in preparation of River Basin Master Plans and of “Perspective Plan for sustainable development of water resources ensuring water security for the years 2025 and 2050 for each district, state and for the entire country”?

38. Urban water management Improvement of drinking water supply and sanitation = current key urban water concerns in India due to critical health issues Fostering on-going collaboration with European counterparts (solid experience both in legislation and practices) Attention to be given to soil sealing and related problems (urban flooding, pressures on water resources, “urban heat island” effect, etc.) Sharing experience of “light”, cost-efficient solutions (green infrastructure, natural rainwater harvesting systems, etc.) and compensating solutions (reusing topsoil, sealing fees, etc.)

39. Flood management In the global context of climate change, more and more human activities are being concentrated in floodplains and landslide-prone areas. Introducing a planning approach, to better anticipate flood disasters countrywide? Flood directive 2007 tools NB: Flood hazard maps should be prepared with the available data and be revised when more accurate scientific information is released.

40. Water scarcity reduction Both regions have developed interesting initiatives and decentralized, cost-effective new measures Joint development of pilot projects and programmes could be organized, dealing with green infrastructure, natural water retention measures, water harvesting, water-efficiency technology development, soil retention management.

41. Integrated approach of water and biodiversity measures Biodiversity is a matter that is treated seriously by India and by the European Union On the ground, water and biodiversity issues are very much interconnected. To improve financial and technical efficiency = merging measures for water protection and for biodiversity conservation. River basin management plans could therefore be used as a tool for planning and monitoring biodiversity conservation measures (particularly in coastal and mountain areas)

42. Further areas for technical cooperation Use of biological indicators for surface water quality assessment (cost-effective and scientifically accurate) and monitoring strategies Technical guidance for drafting River Basin Master Plans : how to integrate future scenarios in the context of climate change ? how to deal with lack of data? etc. Water data collection, processing, publishing

43. Water data collection, processing and publishing

46. Conclusion

48. For discussion Relevance of further Indo-European collaboration in many water areas: urban water management, flood management, water scarcity reduction, water collection & publishing, technical guidance for River Basin Master Plans and Water resources perspective plans, etc. Anticipating implementation of the law’s provisions: clarifying results to be achieved, administrative responsibilities, legal status and required coordination of “appropriate organizations”

49. Thank you