InDepth: World Wide Water Mafia #12: Diverse Solutions for Diverse Realities

IC InDepth Team

Mumbai, 30 August 2019

Acknowledging the diversity across regions is pivotal in shaping comprehensive solutions. Notably, the relevance of contemporary water governance models may be limited and context-specific when applied to certain rural areas in Africa.

In such scenarios, embracing and adapting customary water practices, with due recognition of their legal legitimacy, could be more suitable. This approach could extend property rights to local communities, including pastoralists, in a manner that aligns with local norms and needs.

It is essential to recognize that customary water practices vary globally and might not universally adhere to the same notions of fairness and equity.

Policy Pragmatism in Fragile Environments

In regions emerging from conflict or still grappling with ongoing strife, the policy landscape is particularly intricate. Traditional customs may have been disrupted, leaving a void in regulatory mechanisms and enforcement structures.

In such contexts, existing institutional frameworks may still be evolving, underscoring the importance of a judicious blend of customary practices and formal governance systems.

Crafting policies that strategically align with the complex interplay of formal, informal, and customary institutions requires a discerning approach.

Guiding Principles for Effective Policy

While acknowledging the need for context-specific strategies, certain overarching policy implications, principles, and recommendations can be outlined.

These high-level guidelines can serve as a foundation for crafting effective policies that adapt to diverse conditions.

Guiding Principles for Water Management

Over a quarter-century ago, the groundwork for effective water policy was laid during the 1992 Rio Earth Summit.

An International Conference on Water and the Environment convened in Dublin that same year, ushering in the acclaimed Dublin Principles.

This set of principles, envisioned as the cornerstone of integrated water resource management, articulated the following tenets:

Finite and Vulnerable Resource: Recognition of freshwater as a finite and delicate resource, deserving meticulous care and protection.

Participatory Public Approach: Embrace of a participatory public approach to water development and management, encompassing users, planners, and policymakers in decision-making processes.

Women’s Central Role: Acknowledgment of women’s pivotal role in the management and safeguarding of water resources.

Economic Valuation of Water: Affirmation of water’s intrinsic value across its diverse applications, positioning it as an economic asset.

Global Adoption and Implementation: The global adoption and implementation of these guiding principles have been characterized by wide-ranging variability. These principles have manifested both as central tenets guiding policy formation and in their concrete application across different contexts.

Balancing Infrastructure and Conservation: The prevailing response to water scarcity has often been the pursuit of new water sources and the construction of substantial engineering projects to channel water from distant regions into areas grappling with shortages. In numerous parts of the world, substantial infrastructural initiatives are indispensable components of addressing water insufficiency, catering to diverse agricultural, industrial, and residential needs.

Guarding Against Cop-Out Mentality: While large-scale infrastructure projects hold undeniable importance, they must not serve as an evasion of water conservation efforts. Instances of this evasion mentality are observed in various regions including India, Pakistan, and Brazil. Instead of wholeheartedly committing to water conservation, addressing inefficiencies, curbing overuse, and combating water theft, an all-too-familiar recourse is to rely on the construction of new dams, pipelines, and mega-projects—often lucrative ventures for contract holders.

Moving Beyond Surface Solutions: Merely leaning on new infrastructure perpetuates a cycle of deferred water management. Relying solely on these large projects circumvents necessary political challenges, such as reforming regulation, price adjustments, and enforcement of penalties. Such solutions may sidestep the root issues and expose populations to continued water theft and scarcity challenges.

Transcending Source Switching: Even if new sources, such as groundwater, are tapped, this should not become a substitute for genuine conservation efforts. Failure to internalize the genuine costs of water usage can exacerbate environmental and social consequences, thereby perpetuating challenges.

Necessity and Insufficiency of Infrastructure: While building new water infrastructure remains an imperative and a critical endeavor, it alone is not a panacea. Combining infrastructure advancements with effective conservation strategies is essential for achieving sustainable water management.

Embracing Technological Innovations: Pioneering novel technological advancements should extend beyond mere water usage measurement. Focus must shift towards fostering water conservation rather than solely tapping into new sources, like desalination. A trailblazer in this realm is Las Vegas, USA, which adopted ingenious conservation strategies. For instance, installing swift hot water delivery devices in hotels curbs wastage while awaiting water heating. In resource-constrained regions, particularly those marginalized or in development, innovations can encompass rejuvenating traditional rainwater collection systems or creating new avenues for water reuse, accentuating the multiple-life-cycle principle.

Centering Water Management on Conservation: A pivotal guiding tenet for water management should prioritize conservation over maximal utilization. Noteworthy examples, such as Finland, Hong Kong, parts of Australia, and Western Europe, have substantiated the potential to curtail water consumption.

Encouraging Conservation Through Regulation: To cultivate a culture of water conservation, regulatory frameworks must foster rather than impede initiatives. Incentivizing measures like tax exemptions for installing conservation systems and promoting “rain gardens” designed to enhance water absorption are crucial policies. Streamlining licensing systems to promote the reuse of “gray water” from dishwashers, washers, and showers—excluding toilets for hygiene reasons—also merits attention. It is, however, imperative to exercise caution while promoting gray water use, as it could potentially contain harmful substances with repercussions for human health and food safety. Careful scrutiny, contemplation, and vigilant monitoring must guide gray water policies to ensure balanced outcomes. Incorporating these proactive technological strategies and regulatory measures within the water management landscape can pave the way for sustainable water conservation and responsible usage. By coupling innovation with prudent policies, the journey towards securing water resources gains momentum.

Fostering Inclusive Decision-Making: Ensuring transparency and inclusivity are the cornerstones of effective water policies, necessitating the engagement of diverse stakeholders and users. This participatory process must be all-encompassing, especially embracing the marginalized who are frequently sidelined from such dialogues. Ensuring authenticity in representation demands cautious selection of participants, avoiding influence from local slumlords, water mafias, and political entities. This endeavor might demand meticulous investigation into the prevailing water market and influential figures, coupled with multifaceted representation avenues to avert undue dominance by these entities.

Advancing Legitimacy and Fairness: The paramount objectives of enhanced participation are to safeguard against policy capture by potent actors, address the requirements of all user segments, and rectify perceptions of inequity and capricious decision-making. The overarching goal is to amplify the legitimacy of novel or reformed policies, a pivotal factor in a sector where voluntary adherence is vital, and policing faces inherent limitations. A policy’s perceived legitimacy wields significant influence over compliance.

Pursuing Long-Term Sustainability: Water policy must transcend short-term economic preferences and encompass sustainability considerations while respecting the inclinations of stakeholders and societal norms. It’s imperative that policies strike a balance, not only in alignment with user preferences but also capable of arbitrating trade-offs and resolving conflicts, ideally garnering broad societal legitimacy.

Implementing Transparency Measures and Anti-Corruption Safeguards: To uphold transparency in the water sector, instituting mechanisms like anti-corruption commissions and mandatory disclosure of water contracts, usage, and deliveries—possibly through monthly online reports—are critical. Augmenting transparency also entails the establishment of auditors and inspectors specialized in water usage and policy, subject to their own audits. Yet, comprehensively addressing corruption necessitates broader anti-corruption reforms to ripple into the water sector effectively.

Striking the Right Price Balance: Appropriately pricing water is a pivotal endeavor. Tailoring the pricing process to different use categories and volumes is essential. For instance, a certain volume of water per person—such as the 50-liter daily minimum—could be provided at minimal or no cost. Beyond this, consumption tiers should be implemented, where prices progressively increase. Notably, water usage like lawn irrigation or pool filling should incur higher costs compared to personal consumption. Industries and agriculture must also adhere to volume-based taxation to encourage responsible water use. The pricing structure should factor in seasonal variations, ensuring fairness.

Balancing Efficiency and Acceptability: While economically and environmentally efficient pricing systems are instrumental in sustaining water distribution and recovery costs, their viability hinges on equity and local receptiveness. Convincing populations accustomed to artificially low water prices of the need for higher, tiered pricing is an uphill challenge, albeit a necessary one. Shifting public perception towards the notion that water sustainability hinges on adjusted pricing is both crucial and complex.

Promoting Sustainable Water Use: A critical facet of proper pricing entails discontinuing subsidies that inadvertently promote water overuse. This shift might necessitate the phasing out of subsidies linked to energy sources powering pumps, such as diesel in India, or subsidies bolstering water-intensive crops in regions like the United States and southern Europe. An anticipated consequence is heightened food prices, posing challenges as significant segments of the global populace may resist such policy changes.

Fostering Efficient Technologies and Practices: Redirecting subsidies and tax incentives towards water-conserving technologies and processes is essential. This approach champions innovations like efficient drip-irrigation systems that can substantially reduce water consumption by 30 to 70 percent. Encouraging less water-intensive crops also becomes pivotal. An exemplar is Australia’s provision of aid to farmers transitioning to these crops, ensuring a more sustainable agricultural landscape.

Innovating Water Market Mechanisms: Enhancing water pricing strategies should encompass private water markets and trading frameworks, akin to Australia’s model. Here, users with surplus water beyond their allotments can vend the excess to others. Vigilance is imperative to prevent undesirable private water markets as seen in India, where rural users sell water to mafias who supply urban industries and middle-class consumers without regard for sustainability. Transitioning from fixed quotas to flexible pricing schedules may offer a safer approach for optimizing water consumption. The establishment of water banks further bolsters this approach.

Enhancing Enforcement Against Water Theft: Efforts to curb water theft and smuggling require a multi-faceted approach. Sole reliance on appropriate pricing and regulatory enhancements is insufficient if these illicit activities persist. Remarkably, escalated water prices can inadvertently fuel illegal water markets. Addressing the issue mandates the prioritization of wealthy enterprises perpetrating large-scale water theft.

Strengthening Investigative and Legal Capacity: Enhancing enforcement efforts extends beyond imposing heightened fines and penalties for transgressions. It encompasses a comprehensive strategy involving not only deterrence through stricter consequences but also an enhanced ability to consistently uncover infringements and promptly pursue effective legal action. This multi-pronged approach ensures both the identification and rapid prosecution of violations.

Transitioning from Illicit Water Markets: The cessation of illegal water markets, in conjunction with providing legitimate water sources, necessitates a nuanced approach. Depriving slums and marginalized rural regions of smuggled water without an adequate legal supply in place is not a comprehensive solution, as it is unlikely to completely eradicate unauthorized water acquisition or the creation of new unauthorized water sources. To ensure an ample legal water supply, innovative strategies such as improved taxation systems and novel social agreements must be devised to generate tax funds dedicated to enhancing public services for disadvantaged populations.

Legitimizing Certain Illicit Water Suppliers: Incorporating a legal water supply involves the potential legalization of select illegal water suppliers, under stipulated regulations. Precedents for this approach can be observed in Senegal, Vietnam, Ghana, and Mozambique. The pivotal aspect lies in discernment; not all existing water mafias should be granted licenses. Monopolistic control over licenses should be averted, as this could foster unfavorable market dynamics. Licensing should be withheld from those systematically obstructing legal water access or distributing unsafe water at exorbitant rates. However, those distributing unlawfully-sourced water with minimal detrimental effects on public welfare and local communities could be considered for licensing. Community participation should play a vital role in determining eligible providers, with stringent oversight ensuring adherence to transparency measures similar to those imposed on formal water suppliers.

Augmenting Licensing with Community Support and Upgrades: Supplementing the licensing process for tanker providers and water kiosk operators should involve supplying water treatment systems to underserved communities. Encouraging small-scale, non-exploitative water loans to facilitate household connections to public water and sewage networks can also be instrumental. By broadening this approach, the transition can embrace both the formalization of formerly illicit services and the amelioration of community water access.

Expanding Legalization to Informal Settlements: This comprehensive legalization approach can encompass not only previously illicit water providers but also formerly unauthorized and informal settlements. By conferring legal status on such communities, the government can lawfully integrate them into public infrastructure networks and service provisions, fostering equitable water access and societal advancement.

Strengthening Cross-Border Collaboration and Water Management: In pursuit of combatting cross-border water smuggling and advancing enhanced water management, fostering international and regional cooperation is paramount. However, this objective can be formidable, particularly in regions entrenched in existing water-related international disputes. Furthermore, transnational water smuggling may, in certain instances, involve the overt backing or at least tacit compliance of governments and influential state entities.

Balancing Privatization and Infrastructure Development: In contexts where regulatory capture and corruption are rife, cautious consideration must be given to the potential repercussions of privatization and the establishment of new infrastructural contracts. Vigilance is vital to ensure that such endeavors do not inadvertently empower the very actors responsible for distorting policies in the first place, perpetuating harmful trends.

Ensuring Dynamic Policy Frameworks: The vitality of water regulations necessitates recurrent review, evaluation, and updates. Many countries, including the United States, contend with outdated and antiquated water regulations. To account for the intricate nature of water policies and the evolving water landscape, policy design must remain flexible. This adaptability is crucial for rectifying policy shortcomings, given the intricacies of water dynamics. Moreover, water policies must be agile enough to effectively respond to external shocks—be they of natural or human origin—and adeptly navigate the strategies and actions of the diverse stakeholders involved in water smuggling and theft.

END

****