Ministerio de Ambiente, Vivienda y Desarrollo Territorial

Dirección de Agua Potable y Saneamiento Básico Ambiental

Proceso de Formulación Ley del Agua

República de Colombia

MINUTES # 1

DATE OF MEETING:Thursday 13 of May of 2004

HOUR:10 AM

ASSISTANT:

GLORY INÉS ACEVEDODirector of Drinkable Water and Saneamiento Basic Environmental

ERNESTO SÁNCHEZ TRIANACogerente Specialist and Senior Economist World Bank

FRANCISCO MANJARREZCoordinating Group of Economic Analysis

LEONARDO PINZÓNCoordinating Group Financial Planning and Programs B.M.

PEDRO CHAVARROAdvisor of the Group Financial Planning and Programs B.M.

LINA P. MUÑOZAdvisor of the Group Financial Planning and Programs B.M.

OLGA LIT UP BAUTISTAAdvisor of the Group Financial Planning and Programs B.M.

ANGELA ARMSTRONGWorld bank

JUAN CARLOS GarciaWorld bank

GUILLERMO A. GÓMEZCoordinating government Bill of the Water

PEDRO SANDSConsultant Marine Water

JOSÉ MANUEL SANDOVALLogistic assistant

FEAR:MISSION WORLD BANK

DEVELOPMENT:

The Director of Drinkable Water and Saneamiento Basic Environmental (DAPSBA), Glory Inés Acevedo does explanation set against the following points: assumed the Direction two months ago and very recently the theme of the Law of the Water; the contracting of the case already had been performed by then; Friday 7 of May maintained the first meeting on the theme with the vice Minister; up to now has knowledge that theOf the Department of Environment, Dwelling and Territorial Development (MAVDT) as a group with the H.R. Nancy P. Gutiérrez; that already a proposal exists on the part of ANDESCO; and that the Direction counts on Sergio Barrier as consultant in themes of quality of the water. Likewise it indicates its intention to contribute so that the project do well.

Pedro Chavarro clarifies that besides the terms of reference that the DAPSBA has in their power, plan for the formulation is contemplated now inside a Legal Advisor, for which already they were negotiated USD 4500 with the World Bank (BM), whose terms of reference are ready given that the charge had been contemplated since a principle. Likewise I need that the law of the Water is included like project of the Government the National Plan of Development (law 812 of 2003).

The MAVDT, through Leonardo Pinzón presents the anxiety set against the precision of the time limit of presentation of the law, that in meeting of Tuesday 11 of May among the vice Minister of Environment, Juan Pablo Bonilla, the Representative to the Chamber Nancy Patrician Gutiérrez and the representative of the BM, Ernesto Sánchez agreed for October of 2004. The need to arrange arises what type of intermediate product of partial verification will be able to present in August, for the continuation of the disbursement of resources of the BM to the Department of Estate. It arises of the need of break not the headquarters of commitments between MAVDT and the World Bank, at the same time that the quality of the product is guaranteed that will be presented before the Congress of the Republic.

The World Bank, through Ernesto Sánchez, does a recount of the antecedents of the process of formulation of the law. The doctor Sánchez comments as since does around year and medium the BM comes indicating him to the Government a series of recommendations set against the so much deficiencies of content as of form related to the management of the water. Said deficiencies already had been object of attention of some parliamentary, who even in their campaigns there they were proposal changes on the matter. The president Álvaro Uribe Vélez is appropriated then of the theme and on the one hand, requests the aid to the BM for the formulation of the a government bill of the Water, and by the other, requests the Representative to the Chamber, Nancy Patrician Gutiérrez so that head the process in the Congress.

In that sense, the BM negotiates resources in July of 2003 and collaborates to the MAVDT in the organization of a shop carried out at home Medina in September of the same year. Further on, the Government requests some resources to conform a group of national consultants and to hire a Consulting Firm with a lot of experience in the theme. Said resources are approved for the BM and delivered to the ACCI. The only criteria for the so much election of the consultants as of the Consulting Firm was the experience and the quality, which is seen reflected in the election of José Manuel Mejía and of the University of the State of Red (CSU).

The contracting of the CSU presented some difficulties by being try a foreign company, by which was requested to the Bank the contracting of the firm that had occupied the second place in the process of evaluation of the firms called. Nevertheless, it given that the quality is the only criterion for the BM, the request was rejected, despite know that the contracting would be, on the one hand, more delayed, by being try public university, and by the other, more costly, by which there was that to adjust the resources.

Further on, the BM collaborated to the Congress of the Republic in the execution of the Second one Conversatorio on the law of the water, performed April 22, 2004, and in the assembly of some international guest, inside which was found Neil Grigg, of the CSU.

The BM is conscious the complicated joint that the Government lives and that has obliged it to take decisions that the Bank not yet assimilates, as that of eliminating the Direction of the Environmental Politics in the National Department of Planning. The Department of Estate and public Credit has expressed the urgent need to count with the disbursements of the BM to cover the expenses of payroll from September to November. In any case, the Bank sees with good eyes the government Bill, that promotes its same objectives (development and elimination of the poverty). Said objective they are expressed in the Politics Instruments Document. In the meeting of the day Wednesday 12 of May, the need to seek was presented a solution between quality and efficiency in the process of formulation from the the law. The BM is conscious that a product of quality will take more time. In every case, already is foreseen as goal-requisite for the disbursement of the resources the next year, that the Congress approve the law. So the MAVDT owes apalancar efforts to remove a good product, to then continue with the process of expedition of the pertinent regulation decrees and the institutional strengthening.

Set against the theme of Integral Management of the Water, the BM has the following 7 priorities:

  1. WATER RIGHTS ASSIGNMENT

Currently said assignment is enough ineficiente and inequitativa and is obstacle for many other activities. In prior consultations, Corporations as the CAR, CORANTIOQUIA, CORNARE and the CVC have expressed the enormous difficulties in this field. The CAR has between 10.000 and 15.000 water concession requests dam. It generates that other different media to the legal in the assignment be utilized. Likewise ANDESCO has declared the serious problems set against the concessions on the part of the environmental authorities. Because of it, the water rights assignment should be highly efficient. Three alternatives count on itself:

  1. Continuing under the present plan of Command and Control, in which the Corporations revise all the process, give its criteria and approve all the works hydraulics.
  2. Privatización Of the rights of water, just as did it Chile. Said plan has shown to be very efficient, in which the rights of water are highly valued. Nevertheless, said assignment has been performed in impairment of the equity. Currently they are prompted in Chile reforms to incorporate elements that improve the equity.
  3. Modelo Mexican, highly it institutionalized, in which the efficiency is very low, serious deficiencies are presented and is quite complicated. Under this perspective is found also France, country that performs an assignment by basins.

Any that it be the model that be presented, this should be efficient, fair and above all applicable for Colombia. Said responsibility is in the Government and now in the hands of the Direction of Drinkable Water and Saneamiento Basic Environmental of the MAVDT.

2. CONTROL TO THE CONTAMINATION

Especially in three areas:

  1. Vertimiento of residual water to bodies of water. On this point should be should keep in mind the features presented in two documents: Memories of the Shop on Strategic Evaluation and the Politics Summary Document. The BM has presented its criticism set against the respective decrees, the which result ineficientes and inequitativos in the removal of solid, organic residues, suspended and the sedimentos in the rivers. Criteria exist that themselves have not developed
  2. Planes Of fulfillment: established in decree of 1984 and that are obligatory for all the contaminadores. All these norms should be complied, especially, if is negotiated the TLC
  3. Tasas Vengeful: whose present formula is ineficiente, inequitativa and inapplicable, especially by contemplating a regional factor that has produced its exaggerated rise.

3. QUALITY OF THE WATER

The different uses of the water should be regulated. On the matter, the University of the Andes carries out a study with regard to the quality of the drinkable water. In general in the country, the acueductos present advancements set against infrastructure and system, nevertheless the quality of the water is very low. An important matter is that the decrees in force contemplate all types of parameters that the acueductos small cannot comply.

Then it should be guaranteed the improvement in the quality of the water, through an effective control. Parameters should be established that can be implemented in the country. They should treat the specific aspects in each use. For example, in the agricultural use they should be established dispositions to avoid that are felt situations as the one that occurs with the irrigation of vegetables in the Sabana of Bogota with water of very bad quality, that derive in gastrointestinal illnesses.

Other studies on costs of environmental degradation that signs on seven important categories: air, accidentalidad road, illnesses of water origin, natural disasters, environmental contamination of interior water, the processes of salinización and the sedimentación and erosion of floors.

It is expected that the law contemplate a chapter on quality of the water. Another aspect is related to the use recreacional and its impacts on the health.

The experiences of the Business of Acueducto and Alcantarillado from Bogota set against the quality of water are very important, and they would be able to institutionalize through the law.

The doctor Pedro Sands indicates as recent studies of INVEMAR, the 60% of the tourists that visit the Rodadero return to the interior with problems of mushrooms, bacteria and other illnesses of this type. Likewise it calls the attention on the quality of water in the activities of acuicultura.

4. DECREASE OF VULNERABILITIES TO NATURAL DISASTERS

Related to slidings, floods and other disasters product of the inadequate management of the water resources.

5. URBAN DRAINAGE

In this aspect two alternatives are presented. The first one related to large works hydraulics as channels and entubaciones. The second with the protection of natural ecosystems (you patrol hydraulics and humedales) that lend environmental services, among the ones that those of recreation are found.

The Director of APSBA precise that currently the law I do not need as to perform the management neither the technical criteria and many times the investments are not done.

The international experiences and the own one of Bogota currently indicate how is possible to do a good management from broken and green zones inside the urban planning that guarantee the normal one escorrentía of the water. Nevertheless, in general continues seeing the concrete one as only alternative.

6. COASTAL AND MARINE RESOURCES

For which the team national consultants will count on Pedro Sands, expert in the theme.

7. CONSERVATION OF WATER ECOSYSTEMS

A conservation of ecosystems that is not per himself but on the contrary, with purpose to guarantee the installment of environmental services (as for example in the production of management in the ecosystems of páramo) and especially the availability of water offering. Under this framework there are other two themes: that of the relation between biodiversidad and poverty and that of the eating security, that should be preserved in many regions of the country.

Cross it should be guaranteed the strengthening of the institutions.

The position of the BM will be exclusively that of supporting to the Government in which consider convenient for the country and its only function will be that of serving of bank of knowledge and learning inside the process.

Socialización of the Project

The socialización of the project will be a joint responsibility among the Government and the Congress. The MAVDT should call a Counsel to do the socialización, in the which they be represented the actors related to the theme. Thus same it will be supported in the Congress. The experience of the Law can be collected 99, that include the execution of national shops with congresspersons. The socialización should not be remained on paper but in effect to count a prior, active participation to the radicación in the Congress.

Guillermo Gómez calls the attention on the narrow time limit, and in the fact that the consultants of the CSU only will do two visits, in which is foreseen forums and the search of information.

So should be presented a serious methodology set against this point, in the execution of events and in the identification of actors.

The BM mentions that already it has called the attention on the dissemination of the information in the environmental management in Colombia and on the processes of Consultation. At present the law foresees the Technical Counsel Advisor (CTA), the which includes the guilds, to the universities and the NGO. Nevertheless, the BM has presented the demand of the reform to the CTA, that expand it to include also to the users, the which itself are not reduced to the conventional associations but should include sectors such as the vulnerable groups (children with illnesses). The BM sees this reform as a priority of the “very short” time limit and presents likewise the creation of three subcomités: (1) Water Resources, (2) Management and reduction of vulnerabilities by natural disasters and (3) Environmental Urban, in it relating to atmospheric contamination and urban development. The subcomité of Water Resources should represent the interests of all the actors involved and could be the mechanism to socialize the government bill of the Water, thus with in the discussions in the Congress of the Republic and in the process of expedition of the regulations.