Environmental Flows elements to support water legislation: policy implications and institutional arrangements in the Water Legislation of Peru MSc.Marielena Lucen

The E-Flows is the amount of water to: Achieve fair water distribution between people and environment Guarantee the continuity of goods and services provided by the river for present and future generations Protect the environment against degradation The E-flows implementation process is challenging because: Their operationalization in daily management is difficult to achieve Time frame between years Key elements beyond physical conditions are required INTRODUCTION:E-flows Iquitos-Peru

INTRODUCTION Pacific Basin Total Users :66%. Water Avb:2% Uses: Agriculture, Mining, Industry, Hydropower Atlantic Basin Total Users :31% Water Avb:97% Uses: Fishing, Transport, Ecosystem, Hydropower Reason to shift into a sustainable management approach were : Inequity in water distribution Peru water legislation was enforced in 2010 and establishes that a E-flows implementation is expected by 2020 Lessons learnt from South Africa Water Act (1998) and its implementation process as well as other countries experience regarding E- flows were used. Titicaca Basin Total Users :3% Water Avb:1% Uses: Transport, Mining, Agriculture

To evaluate the principles, instruments and institutional arrangements that the new water legislation of Peru provides to support the environmental flows implementation. OBJECTIVE RESEARCH QUESTIONS What are the legal provision in countries with experience in environmental flow implementation? Which are the lessons learnt from South Africa Water Act and other countries experience? How the Peruvian water legislation support the environmental flows implementation? What can be recommended to improve the feasibility of E- flows implementation in Peru? What are the instruments and institutional arrangements for E-flows in Peru's water legislation?

Conceptual Framework Literature Review PE National Water legislation of SA Water Act of 1998 Other countries experience in E-flows Analyze the principles, instruments and set ups propose in the Peru water legislation to implement environmental flows. Identification of the lessons learnt from the SA and the World Bank report and other literature Summary Draw up of the conclusions and recommendations regarding the effectiveness of the principles, instruments and institutional arrangement to enforce the environmental flows according to the Peru water legislation Env-Flows in Water Legislation Principl Inst. Arrang Instr. DESIGN OF RESEARCH

PERU WATER LEGISLATION PRINCIPLES Peru water legislation is based on 4 principles that support the E-flows: Principle of sustainability, principle of efficient water use, principle of protection of the water resources The environmental flows are defined: “As the volume of water that have to be maintain in water course to protect or conserve water ecosystems, landscape aesthetics and other aspects of scientific and cultural interest”. Environmental Flow Definition in the legislation Gocta - Peru

INSTRUMENTS Water Uses 3 types of Uses: Primary (priority over any other use and first in use in scarcity period), Domestic and Productive (Agriculture, Hydropower, Industry, Health, Mining, Tourist, Transport) Considerations for issue licenses Requirement of a hydrological study to demonstrate : “Enough water availability to guaranty the environmental flows, the conditions to assure storage capacity and transport conditions, according to its hydrological cycle”. Protection of water resources by means of ecosystem conservation :E-flows The environmental flows must remain permanently in the water course Actions to control water quality are mentioned but there is no definition about monitoring programs or how to arrange them Cerro de Pasco-Peru

Water Charges Generally define as a requirement to a obligation to contribute to achieve sustainability. Water Management and Planning strategy: The National Policy and Strategy of Water Resources includes: Activities, guidelines and principles Time Frame of 10 years ( ) divided in 3 phases ( ; ; ) The National Water Resources Plan Institutions involved in the Environmental flows Ministry of Agriculture Ministry of Environment Environmental Flows National Water Authority

INSTITUTIONAL ARREGEMENT National Water Resources Management System Water Users Organization (WUO) Basin Council (BC) Water Management Authority (AAA) (14) Local Water Authority (73) accountability Accountability, participation platform accountability Participation and representation Board of Directors Headship Ministry of Agriculture National Water Authority (ANA) (1)

LITERATURESOUTH AFRICAPERU Principles IWRM Principles Sustainability Reserve Equity Sustainability Efficiency Instruments Legal provisions that operationalize the E-flows such as: control of water uses, monitoring process and financial mechanism. An implementation plan Prioritization: Reserve, international and the rest. Water Uses 11 different types Reserve Quality objectives Classification System Water charges National Monitoring and Information System National Water Resources Strategy Catchment Management Strategy Strategic plan to facilitate implementation (Pilot implementation) Prioritization: primary, domestic and productive. Water Uses 3 different types Protection of the environment by means of ecosystem conservation Water charges National Water Resources Policy and Strategy implementation work plan (Pilot implementation) National Water Resources Plan Selection of the environmental flow assessment according to the particular circumstance. An oversight authority is recommended to achieve fairness Assessment selection and developing by external consultants Assessment Methodology according to Ministry of Environment and Agriculture FINDINGS

LITERATURESOUTH AFRICA PERU Instrumentos Legal provision of stakeholder's participation regarding awareness of the benefits from environmental flow Participation process regarding management strategies, institutional arrangement and Reserve Public participation only in the conformation of the Basin Council Arreglos Institucionales Legal recognition of institutional arrangement to support enforcement of the environmental flows. Ministry of Water and Environment Affairs (preexisting) Department of Water Affair DWA (preexisting) Catchment Management Agencies CMA (19 new) Water User Association WUA (new) National Water Resources Management System (1 new) National Water Authority (1 new) Water Management Authority (14 new) Local Management Authority (73 new) Basin Councils Water User Association FINDINGS

The principles of efficiency and sustainability are seems to be a worldwide consensus to include them in the water legislation Environment as a legitimate user and minimum level of ecosystem health The National Monitoring and Information System / Monitoring Provisions Pilot basin implementation Include different actors in the environmental flows assessment Promotion of the environmental flows benefits in the participation process Institutional Arrangement for the environmental flows Amazon-Peru Lessons learnt from the literature and South Africa Water Act

CONCLUSIONS Peruvian water legislation link the E-flows to the aquatic requirements without link them with the people welfare. The Peru water legislation does not provide enough details on how E-flows should be assessed and monitored in practice The Peruvian institutional setup for the water management and consequently the E- flow implementation will be managed by Ministry of Agriculture which can hinder the implementation of the environmental flows in the future due to the confluence of political interest. The new water management setup requires establishment of many new administrative body, however their roles and responsibilities are not clearly defined, and it is not clear how the coordination among them will be organized. Political and economic interest in the selection of the E- flows assessment. Amazon River-Peru

CONCLUSIONS The Peru water legislation proposes a pilot basin to learn by doing although the basin chosen are already over-allocated and overused; this can hinder the application of E- flows. The Peru water legislation does not envisage a participation procedure that brings to the spotlight the benefits provided by environmental flows enforcement. The E-flows implementation show mixed results in different context. The implementation process is a long term effort that depends on the existing capacities and need to be carefully design to clearly link the E-flows benefits with people welfare. The Peru water legislation provides a time frame of 10 years to achieve enforcement of the environmental flows which is reasonable given the complexity of the process. Amazon River-Peru

RECOMENDATIONS Link the E-flows with human requirements not only aquatic requirements Design of environmental flows monitoring programs Clear division of roles and responsibilities of all the organizations involved Include an oversight authority in the selection of the environmental flows methodology The pilot basins should range between non-over allocated and over allocated basins Inclusion of participation procedures to promote E- flows Cuzco-Peru