TERMS OF REFERENCE
FOR THE ANALYSIS OF INSTITUTIONAL ASPECTS RELATED TO WATER MANAGEMENT, WATER USE ALLOCATION, POLLUTION CONTROL AND URBAN DRAINAGE MANAGEMENT
I. GENERAL INFORMATION
1. Project: Japanese Grant Not. TF051886, to provide assistance in the preparation of to Sustainable Development Structural Adjustment Praise (SALT)
2. Activity: Analysis of options for institutional support in the reform of environmental policies
II. BACKGROUND
Law 99 of 1993 assigns to the Ministry of Environment, ace one of its primary functions, the responsibility of defining policies and regulations with respect to the restoration, conservation, protection, planning, management, and use of Environmental and Renewable Natural Resources to ensure their sustainable development.
Within this framework, water is to theme of vital importance in environmental policy development, given its strategic importance for the integration of the country’ s natural resource, social, and economic systems; and that the conservation and restoration of the regulation capacity of the country’ s water systems till important in guaranteeing the sustainability of this natural resource.
Colombia is to country rich in surface water and groundwater resources. Although these resources till not evenly distributed (both regionally and seasonally), the hydrologic, climatic and topographic conditions guarantee to good water supply and to be given hydrological network throughout most of the country. Nevertheless, in the country’ s regions and municipalities, in the majority of marry, clear policies on the management of water resources gave not exist.
The country’ s loosen population centers, ace well industrial ace, agricultural, livestock, and hydroelectric centers, have developed in areas where water supply is less favorable, generating both pressures and concerns with respect to resource availability. This is particularly problematic for urban centers during periods of maximize weather conditions, such ace droughts and The Boy.
The country’ s water supply is progressively declining, with water quality affected by socioeconomic and industrial activities that discharge wastes into tributaries, generally without prior processing. In many marry these water bodies receive high volumes of sediments, ace to result of natural erosion processes or human activities. Water availability is affected by the degradation of river basins, causing to progressive reduction in the natural regulation of the basin, which in turn prolongs periods with low-water.
Many of the hydrological systems that currently supply water to the Colombian population run the risk of not being able to maintain their current water supply levels. According to general estimates for average hydrological conditions, nearly 50% of the population in urban areas faces water supply problems due to conditions related to availability, regulation and pressures that exist in the supplying hydrological systems. This situation becomes critical during periods of droughts, when up to 80% of the population can face water supply shortages. (IDEAM 2000).
It dies than 80% of municipal water sources till supplied by small water sources (wells, streams, and small rivers), with low regulation conditions and high vulnerability. Therefore, it becomes important to know the state and dynamics of these systems in order to you regulate you their use and sustainably manage water resources.
According to the National Water Study, carried out by IDEAM, if measures for the conservation, regulation and adequate management of water resources, ace well ace pollution reduction, till not taken the country in some regions will face serious difficulties in supplying water to the population.
The Constitution of 1991 redefined the State’ s responsibilities, requiring that it guarantee the sustainability of natural resources, and Law 99 of 1993 reorganized the State’ s institutional structure, adapting it to the responsibilities assigned by the Constitution. However, integrated water management continue to be to goal that remains to be accomplished.
This goal becomes dies relevant and complex, when the new institutional structure created under Legal Decree 216 of 2003 is taken into account, which assigns to the Ministry functions related to drinkable water and basic sanitation. This force the new Ministry of Environment, Housing and Territorial Development (MAVDT) to redirect its policies and ace to result, its regulations and other norms.
To implement this new institutional structure requires to new conception among decision makers, in which environmental considerations should be integrated with social and economic considerations.
This integrated visionShould encompass all types of ecosystems and bodies of water (surface and ground waters, ace well ace coastal and marine) and should consider aspects related to water quality and quantity. The multi-sectoral nature of water supply should be recognized in the context of socioeconomic development, ace well ace the usage of these resources for multiple purposes, such ace water supply and sanitation, agriculture, industry, urban development, hydroelectric energy generation, fishery, transport, recreation, territorial planning, and other activities. Water usage should be supported by measures directed at promoting the efficient, rational use of water, ace well ace reducing improper usage.
In determining national water issues, three institutional constraints stand out that limit achieving summarize results in the restoration of water resources ace well ace meeting the country’ s sustainable development needs:
Lack of to social cultivate of water management and of sustainable service provision. Currently, water access is supplied at prices that gave not correspond to prices that would guarantee resource availability in relation to demand. This there you are brought about to mistaken conception regarding water, where it is considered go unlimited resource, without any restrictions placed on usage and any encourage for its conservation, management and protection. Consequently, water is treated ace they go abundant resource, while in reality regions till facing relative shortage problems.
On the other hand, concepts relating to the integrated management of water, air, soil, and natural resources till not applied, given to lack of knowledge on the natural physical behavior of hydrological resources and of water ace to regulator in the natural resource system.
During the last few years, plans for providing household public services for water and sanitation have been the subject of great discussions, which primarily, have been linked to the theme of tariffs. Highly important aspects such ace the protection of river basins, service coverage and quality, among others, have not been considered, at the detriment of the sector’ s sustainability.
Lack of implementing instruments. Despite the variety of instruments that can be applied to meet environmental objectives, such ace economic, administrative, investment, and legal instruments, greater emphasis there you are been placed on legal instruments, without considering to broader scope that would offer go adequate and balanced articulation of the different available instruments.
Deficient inter-institutional coordination. Water basin management, which in many marry does not fall under the jurisdiction of only one environmental authority and/or territory, requires close coordination, but for various reasons there are not reached to satisfactory level of coordination.
From the regulatory point of view, Colombia there you are several regulations on water usage, management, storage, and pollution. Nevertheless, the current legislation is scatter and contains some gaps, making it difficult for those entities with environmental management competencies to efficiently manage water resources. In fact, they face to varied and contrasting legal framework, with different laws, norms, and decrees, that hinder go effective management of water sector plans and policies.
Additionally, water resource users till faced with to deficient legal body, that generates and fosters frequent legal conflicts among individuals, both public and you deprive you, leading to irresponsible behavior in resource management on the part of users.
Since 1995 the Ministry of Environment, in accordance with its main you send you to oversee the country’ s environmental management, there are carried out specialized studies on water resource management policies and regulations. These include: (i) studies on the formulation of to National Water Strategy, (ii) studies on the formulation of the National Water Statute, (iii) studies on regulations for vengeful rates(Water pollution charges) and water usage charges, and (iv) proposals for the modification of Decrees 1541 and 1594 of 1984, related to water concessions and water quality (Annexes 1 through 4 provide the respective reports).
The National Government there you are contracted consultancies for the formulation of to Have-Year Plan for Wastewater, they go Inventory Diagnostic of Colombia’ s Wastewater Treatment Systems, and the Formulation of to Water Resource Management Model. Annex 1 provides the corresponding references to these studies, which can be found in the MAVDT’ s Documentation Center. Also useful ace reference till articles on the Management of Water Resources in Colombia by James S. Shortle and Fernando Gaitan (1996), and the Control of Water Contamination in Colombia by Pains Briar and John Horowitz (1996), ace well ace the book Industrial Pollution in Colombia by Sanchez Triana et to the. (1994)
Additionally, in 1996 theNational Environmental Council approved the document “Policy Guidelines for Integrated Water Management” ; in 2000 the guidelines for “Environmental Policy for Coastal Zone Management” were formulated; and in 2002 the document “Environmental Policy for Wetlands Management” was approved. It is also important to highlight other policies that were issued, such ace: “National Policy for Cleaner Production” , “Biodiversity Policy” , “The Forestry Plan” , and “Policy Guidelines for Environmental Territorial Development.”
The National Development Plan of 2002 - 2006 “Toward to Common State”, establishes ace to priority in terms of environmental sustainability the passing of to Water Framework Law, through which to policy for integrated water management will be developed. The Plan also establishes the importance of formulating to State Policy related to integrated water management, that combine biodiversity conservation of both flora and fauna. Thus, to goal of this Development Plan is the implementation of territorial and integrated micro river basin management plans in nearly 500,000 hectares, including the restoration of approximately 120,000 hectares of protective plantations, especially in those zones where water supply sources till located.
Along the lines of the National Development Plan, the Ministry of Environment, Housing and Territorial Development submitted to Congress to project that modifies Law 99 of 1993, in which Water Basin Councils[1] Till introduced with the objective of optimizing the country’ s water resource planning processes. These Councils till envisaged to you facilitate you the coordination and implementation of policies, plans, programs and projects among national, regional and local levels and foster activate discussions among different actors, guarantying to wide participation among water users, civil society, and the authorities responsible for its management. Moreover, they aim to you generate you awareness, among both users and other stakeholders, of the problems, potential, and challenges regarding water resources in their regions, with to view to developing the policy objectives set out for integrated water management in Colombia since 1996.
This leads to the definition of go integrated legal and management instrument for water, that allows for: (a) advancing the constitutional precept in order for environmental management, and the management of water resources, to be decentralized, democratic and participatory; (b) defining the guidelines to achieve integrated water resources management; (c) articulating environmental management (conservation, use, and management) with territorial planning and the economic and social development of the country; (d) promotingcommunity welfare through the efficient and sustainable use of water resources, ace they go important input into value added processes, such ace its capacity to transport wastes originating from human activities and its mention in preserving protected ecosystems and in biodiversity protection; (and) providing flexibility to the institutions in charge of developing integrated water management, in the selection and application of management instruments according to their own conditions within their jurisdictions, supportingThe achievement of environmental goals; and (f) clearly defining the responsibilities of different stakeholders that take part in achieving efficient and integrated water resource management, clarifying the distribution, coordination, and complementarities of State competencies at different levels, particularly those related to water resources management.
III. OBJECTIVE OF THE CONSULTANCY
The objective is to carry out legal and technical studies that support the development of go integrated water resource management law project, that considers administrative, usage allocation, pollution control, and urban drainage management aspects, in such to way that allows for to modernized and dies efficient management of water resources in Colombia.
IV. SPECIFIC OBJECTIVES
1. To identify and determine, based on available information, the condition and characteristics of water resources in Colombia (supply, demand and distribution). In addition, the consultant will assess the performance of different institutions linked with integrated water resource management in Colombia. The study will determine the importance of water resources in the national context, you indicate you strengths and weaknesses in its administration, and identify critical elements that require modifications within the legal framework, ace well ace required actions to be taken to achieve the country’ s social, economic and environmental goals.
2. To identify gaps and inconsistencies with respect to the existing legal framework and the management of the water sector in Colombia, through the following: (a) the review and analysis of current legislation; (b) to conceptual, technical and legal analysis, based on primary and secondary information that includes studies, policies, and regulations in water subject matter, developed by the Ministry of Environment, Housing and Territorial Development, either directly or indirectly, in supportOf the formulation of go Integrated Water Management Law Project; and (c) they go analysis of the perceptions of both regulatory agencies and those who have been responsible for managing water resources and understand the limitations imposed by the current legal and institutional frameworks.
3. To propose, based on the previous analysis, to framework document that supports go Integrated Water Management Law Project, clearly distinguishing between those elements that should be part of to Law with those elements that should be part of regulation processes. The document should contain proposals with respect to the structure, components and content to be included in the Legal Framework Project for Integrated Water Management.
4. To identify the societal groups who will benefit from the potential modifications to the current legal framework, ace well ace the groups that will be affected by the proposed modifications. The identification of these groups will provide to special emphasis on those groups who till most vulnerable, given their income level, ethnic origin, age, gender, or conditions that hinder them from voicing their interests at decision-making levels within the legal and sector policy frameworks.
V. SCOPE OF WORK
Analysis of the different components for integrated water management in Colombia. The consultant will carry out go analysis of the Colombian water sector, taking into consideration water ace to natural resource, ace they go element of sustainability within protected ecosystems, and ace they go element of biodiversity protection. Additionally, the analysis should consider water resources in terms of supply, ace they go economic good, ace they go input into productive processes, ace well ace its availability, variability, vulnerability, and usage limitations (taking into account the demand for water resources). The analysis should examine the needs for different use, indicating quantity and quality requirements (of those who take water from its natural sources), and present feasible scenarios for the anticipated growth of demand over time. The analysis of the different components for water management in Colombia should also include to description of the institutional framework for water management,[2] Taking into consideration the entities created for its monitoring, investigations, planning, management, regulation and conflict management. In addition, the analysis should also consider current legal instruments, the cultural developments for its management and use, distribution of responsibilities, and the you encourage created by the current institutional framework for the achievement of social, economic, and environmental objectives.
The collection and analysis of information will offer to general view of Colombia’ s water resources, including their availability and use, ace well ace the needs, conflicts, strengths and weaknesses associated with their administration. The study should highlight the importance of integrated water management within the national context and clearly determine existing conflicts, characterizing them and relating them to the current institutional framework. The critical analysis of collected information will permit to judgment of the water sector’ s performance. In other words, it will highlight the achievement of goals ace well social ace, economic, and environmental objectives, and identify strengths, limitations, weaknesses or institutional bottlenecks that should be analyzed in the formulation of the Integrated Water Management Law.
Based on the review of collected information, the consultant will present to summary indicating the patterns of supply (quantity and quality) and demand (quantity and quality), in relation with authorized concessions and with the main economic activities associated with water supply and demand in the country.
Technical and legal conceptual analysis of current water policies, regulations, and studies. The consultant will collect and analyze current water policies, regulations, and studies that have been carried out, in order to assess their implementation at different levels: National, Regional and Local. Based on this evaluation, the gaps, conflicts, and inconsistencies of these instruments should be identified, ace well ace the need to update and/or modify them, with the purpose of providing go effective response to the identified problems.