Facilitated by Dr. Martin O. Eduvie
National Water resources Institute kaduna Nigeria



The need for Integrated legislation of
groundwater;
Components of legislation;
Institutional arrangements for IGW
management
Groundwater legislation is required to:
 Regulate groundwater development
 Constrain activities that might compromise
groundwater availability and quality
 Address increasing competition and conflict
between groundwater users, and
 Address increasing threat of groundwater
pollution
Water Policy
GOVERNMENT
Water Act
Parliament
Inter Ministerial
Committee (IMC)
Regulations
Stakeholders
RBC
Water Info.
& Planning
Groundwater table
Water Police
Existing
User
Developer
Case 1: Addressing
Groundwater conflict
Groundwater depletion ?
Water Policy
GOVERNMENT
Water Act
Parliament
Inter Ministerial
Committee (IMC)
Permit
Regulations
Water Police
RBC
Water Info.
& Planning
Stakeholders
CASE 2: ADDRESSING WATER POLLUTION
Water Policy
GOVERNMENT
Water Act
Parliament
Inter Ministerial
Committee (IMC)
Permit
Regulations
Water Police
RBC
Water Info.
& Planning
Stakeholders
CASE 3: ADDRESSING UPSTREAM-DOWNSTREAM CONFLICT
Concerned with:

guidelines for, and limitations to the exercise of public powers

provision for the quantification, planning, allocation and conservation
of groundwater resources, including water abstraction and use rights

a system of wastewater discharge licenses, helping to protect
groundwater against pollution

definition of the rights and duties of groundwater users

protection of users rights, of the rights of third parties and of the
environment

requirements for the registration and qualification of well drillers

possible administrative intervention in critical situations (aquifer
depletion or pollution)

provision for cooperative interaction between water administrators and
water users.

Legislation (written law) encompasses:
◦ The fundamental law or constitution of a country
◦ Laws enacted by a legislative body (parliament,
national assembly)
◦ Subsidiary legislation (degree or instruments
adopted by the government executive)


Basic legislation
Restricted to fundamental powers and
concepts. A more unified vision of surface
water and groundwater resources.
Specific legislative
associated with details and provisions in
different administrative areas and at different
territorial levels
Legislation:
◦
◦
◦
◦
Formal procedure
Parliamentary control
Central level
Guidance character
 Dealing with
competencies
 Establishing rights and
duties

Regulation
◦ Less formal
procedure
◦ Multi-tiered or
decentralized
◦ Implementation or
operational character
◦ Publication
◦ Promulgation
Jaspers,










Groundwater Abstraction and Use Rights
Wastewater Discharge Licensing
Sanctions for Non-Compliance
Controlling Well Construction Activities
Catchment or Aquifer Level Resource Planning
Conjunctive Use of Groundwater and Surface Water
Land Surface Zoning for Groundwater Conservation and
Protection
Facilitating Water-User and Stakeholder Participation
Provisions for Groundwater Monitoring
In general terms, It must be flexible, enabling and
enforceable
Public Administration in Groundwater & Specific Legal Provisions
ADMINISTRATIVE SET-UP
• National authority or inter-ministerial
coordinating commission
• Provincial and/or basin agencies
(National Level)
STRATEGIC PLANNING
•provision for aquifer resource/
vulnerability assessment
•design and implementation of
national/ regional/ basin
groundwater policies
•definition of protection
(conservation or control) area
policy
•mandate for drought or
emergency actions
•status of groundwater plans and
use priorities
•procedures for interaction with local
authorities
• aquifer management organizations
• water-user associations
• licensing of water-well drillers
(Lowest appropriate Level)
LAND-USE MANAGEMENT
•procedures for groundwater protection
zones
•provisions for aquifer recharge area
conservation
REGULATION OF WATER USERS
•administration of abstraction/use rights
•administration of wastewater discharge
permits
•promotion of user/stakeholders/
associations
•appeal and sanction procedures
Regulation
level
Implications
Limitations
1. Minimal
legal control
No control over
Reduction in natural
groundwater abstraction discharge and/or
or wastewater discharge progressive salinisation and
pollution
2. Local
customary
rules
Groundwater rights
defined at local level:
mechanisms for local
conflict resolution
Control limited and do not
take account for status of
(and impact on) aquifer
system, downstream users
or groundwater quality
issues
3. Specific
groundwater
legislation
Well construction and
groundwater abstraction
controlled, but often by
specialist institution in
limited contact with
those regulating surface
water
May result in lack of
consideration of
groundwater-dependant
river baseflows and
wetlands; unlikely to much
emphasis on groundwater
quality protection
Regulation
level
Implications
Limitations
4.
Comprehensiv
e Water
Resources
Legislation
Surface and groundwater
resources subject to the
same legislation and interdependence fully
recognised; both
administered by the same
institution but quality
aspects often under
separate agency
Much improved
capability of water
resources management
but catchment vision and
pollution control may
still not be taken into
account and their
proactive support
unlikely to be achieved
5. FullyIntegrated
water
resources
legislation
Catchment or aquifer
approach with quantity and
quality aspects integrated;
more emphasis put on
public awareness and water
user/ stakeholder
participation (international
nature of some aquifers and
river basin recognised)
Give best chance of
implementing a balanced
and effective regulatory
policy




the administrative set-up and the level of
training of water administrators
a clear understanding of the institutional
roles and functions at all relevant levels
an adequate level of public awareness and
acceptance of legal provisions
political willingness to promote and attain
sustainable groundwater management.




Inadequate groundwater management
boundaries,
Weak regulatory enforcement,
lack of social consensus,
poor inter-institutional coordination
Implementation of groundwater legislation
requires:
◦ An administrative set-up and the level of training of
water administrators
◦ a clear understanding of the institutional roles and
functions at all relevant levels
◦ an adequate level of public awareness and
acceptance of legal provisions
◦ political willingness to promote and attain
sustainable groundwater management.
Roles of key institutions
Policy Development &
National Strategy
- policy, regulation management
National Council on Water Resources
(advisory)
Federal Ministry of Agriculture and
Water Resources
Basin Strategy &
Regulation of Water
Abstraction and Waste
Water Discharge
8 River Basin Management Commissions
Regulation of Dam Safety
Independent Inspectorate of Dam Safety
Management and Service
Delivery
Irrigation Management Authorities
Commercial irrigation, Water Users Associations
Water Supply Boards
Local Government Councils
Roles of key institutions
- development
•
•
Federal Ministries
Irrigation Management Authorities
Development of
Capital Projects –
depends on size and
sector
State Ministries
Water Utilities
Private Sector
Local Government
Community based organisations
GWMate, 2006
The essential role for government agency in the
management process
Cap-Net, 2008
Figure 2.3: Institutional arrangement for performing the water resources management functions
CENTRAL
GOVERNMENT
DECENTRALISED
ORGANISATION
Ministry of
Water
Other Ministries
River Basin
Organisation
Other regional
authorities
Water resources
management functions
Environmental, land and
infrastructure management functions
OUTPUT
Status of water resources
Cap-Net, 2008
FUNCTIONS
Purpose
 To share experience on groundwater legal & regulatory
systems
 To recommend appropriate allocation system
Activity: break into two groups and discuss:
 1. Describe how to implement a groundwater allocation
system and the mechanism of enforcement
 2.Discuss the groundwater legislation in your countries:
◦ Give an example of effective regulation of groundwater
◦ Is groundwater legislation, separate from water resources
legislation or combined
◦ What legislation or regulation are missing




1.Is there legislation to protect groundwater
from pollution / overuse?
2.Is the legislation adequate?
3.Who is responsible for policing this
legislation?
4.Do they have sufficient capacity? What are
the main constraints?
a.
Which institutions are empowered by law to manage
groundwater?
b. Is groundwater use and development covered by specific
laws?
◦
If yes, specify nature of laws
c. Are these laws effectively enforced?
d. At what level are users I developers required to seek
permits from the relevant authorities? Are such
procedures enforced? Are they accessible and readily
available?
e. Public I Private water. What is the breakdown between
public and private groundwater? What are the capacity
constraints for improving I increasing / conserving
(depending on resource constraints) the use of private
water?
f. In your perception what are the capacity building needs?
Thank You