SPANISH IRRIGATORS COMMUNITIES AND ITS NATIONALS FEDERATIONS. Andres del Campo Garcia. President of a National Federation of Spanish Irrigators Communities. 26 , Paseo de la Habana. (Madrid) GENERAL INDEX I SPANISH IRRIGATORS COMMUNITIES: HISTORICAL CHARACTERISTICS, AIM AND MANAGEMENT.- BACKGROUNDS, 1. - INTRODUCTION AND OBJECTIVES. 2. - HISTORICAL BACKGROUND. 3. - LEGAL BASIS. 4. - IMPORTANCE OF THE IRRIGATORS COMMUNITY. 4.1. - AIM. 4.2. - CHARACTERISTICS. 5. - RIGHTS AND DUTIES OF THE “COMMONERS” 5.1. - MAIN RIGHTS. 5.2. - OUTSTANDING DUTIES. 6. - IRRIGATORS COMMUNITY MANAGEMENT. 6.1. - DIRECT MANAGEMENT. 6.2. - INDIRECT MANAGEMENT. 7. -MANAGEMENT IMPROVEMENTS IN THE IRRIGATORS COMMUNITIES. 8. - FINAL CONCLUSIONS. II THE NATIONAL FEDERATION OF IRRIGATORS COMMUNITIES AND ITS PRESENCE IN THE SPANISH SOCIETY II. - NATIONAL FEDERATIONS OF IRRIGATORS COMMUNITIES AND ITS PRESENCE IN SPANISH SOCIETY. 1. - INTRODUCTION AND OBJECTIVES. The purpose of this presentation is to introduce to the untold historical and practical value of the Spanish Irrigators Communities, to their objectives, legal basis and managing operation, as well as to their huge importance as millennial corporations, presently of Public Law, where the farmers gather with the only aim to conduct a self-management of the irrigation water in order to allocate water in more efficient, methodical and equitable way. Due either to the millennial character of the Irrigators Communities and to their proved efficiency, as well as to being pure Spanish and unique in the World, it is important to know them in order to be able to export this type of Farmer’s Associations to other countries, so that the limited water resources might be distributed with the maximum strictness and equity. 2. - HISTORICAL BACKGROUND The organization of Irrigators Communities is not clearly defined in the Spanish Law since they are associations that are governed by systems and rules inherited from the Romans and Arabs, as may be the brotherhoods, syndicates, boards, unions etc. whose organization made possible the management and distribution of water in order to irrigated the crops. The norms on water distribution were based on the Common Law, it means based on habits passed on orally from generation to generation that was the result of many different experiences. With time, these daily practises materialized into written Ordinances, which nowadays have an invaluable historical value. The development of irrigation in Spain has been strongly influenced by physical conditions, in a way probably no other human phenomenon did. The first period of the history of irrigation in Spain starts at the Prehistoric and the Old Ages, being its origins difficult to precise from one hydrographical basin to another. It is probably due to the lack of information that historical aspects of irrigating in Spain have given birth to two different and often partially opposite criteria: one that rejects the influence of the Islamic culture, and the other one, based on the works of prestigious expert in Arabic culture seen as predecessors of Américo Castro´s contemporary theory. Later historians (19th and 20th Century) propose both assertions: the Roman, or rather the Christian-Roman, and the Christian-Islamic. Historical backgrounds clearly reveal that the collective distribution of water by means of ditches, dates back to times prior to the Muslims, and there are evidences of its early Christian foundation. Anyhow, it is a matter of fact that one of the first Communities to join the Spanish National Federation, which I feel honoured to preside, is the more than one thousand years old “Tribunal de las Aguas de la Vega de Valencia” or Water Court of the Valencia Vega, that continue to have a very influential role and is still a youthful, venerable, simple, solemn and noble organization that has served as a reference for the drawing up of the Waters Acts of 1866 and 1879 that reproduced and respected exactly the regime we know of the Spanish Irrigators Community, and has been a proud example to follow for many countries of America. 1 So, The (CC.RR) Irrigators Communities are long historical traditional bodies concerning to the correct distribution of waters and also to the organizations of the irrigations, and they are very deeply set up in the popular consciousness. 3. – LEGAL BASIS OF THE IRRIGATORS COMMUNITIES. The institution of (CC.RR) is reinforced and promoted by its own management because they do not only recognize all the present existing communities but also all the futures users using common water to group together in an Irrigators community. The juridical frame in which the Irrigators’ community is based on is the water law in force, where the grounds jurisdiction and powers of its structure are set up. The first water law was established the third August 1866, which was substituted by the most complete and efficient water law on 13th June which was enacted with 258 articles, out which 25 dealt on Irrigator Communities. After 106 years of enforcement of this Law, the new (and present) Water Act was promulgated on 02nd August 1985, including 113 articles, out of which only 11 refer to the Users Communities. It is precisely adopted the Irrigators Community (CC.RR) pattern to all types of users communities. Recently, the 13th December 1999 this law has been reformed, being also reinforced besides the environmental aspects of the water use, the promotions of this kind of association, not only for the users of superficial source water but also subterranean source water. It also deals with making the users of water to take part and to be responsible together with the water management in order to manage, to finance, and even to plan. The development of the Water Law 29/1985 2nd August, gave birth to the royal act 849/1986 11th April by which the regulations of the present water act is approved, this one establish the juridical norms, the users communities has to observe and it establish the juridical principles to which the users are bounded, and the content of the corresponding rights and duties. The environment Ministry (in former times called Ministerio de Fomento and nowadays called Ministerio de Medioambiente) elaborated an Official Model of Irrigators Communities approved by Order in Council of 25th June 1884, and established the official model of Ordinances and Regulations basing itself on existing regulations of the most influential and traditional Communities, and maintaining the application of common norms. This resulted a vary acceptable model to those times which without being imposed in an obligatory way, it was for the Irrigators community a pattern of reference easily adoptable to each one of their own specialities. This Act, modified by the Order of 13th February 1968, was necessary because it set the content of rights, both regarding the Community and Users. These norms have served as model for the drawing up of the Regulations of the present Water Act. The observance of the Consuetudinary law is as compulsory as for any written norm contained in the Ordinances. It can be invoked before the Authority and be enforced by Court sentence, which, once the custom has been justified, will impose its observance. The Waters Act that gathered historical rights even imposed to the Irrigation Unions the respect of acquired rights and local customs. 2 4. - IMPORTANCE OF THE IRRIGATORS COMMUNITIES In Spain, between 80% (in the past) and 70% or less (nowadays) of water resources are used by the Irrigation Sector. By legal force, water users, as well as users for any other public purpose that share the same outlet or concession shall organize themselves into “Users Communities”. When the water is used only for irrigation, these communities are named “Irrigators Communities”. According to a catalogue published by the Ministry of Works (Ministerio de Obras Publicas presently Ministry of Environment); nowadays in Spain there are around 6200 Irrigators Communities taken in the census. Generally speaking the article 73.1 of the waters Law (from now and on LA) establishes that the organizations of the users communities as well as the exploitations inside in internal autonomy regime of the hydraulic goods inherent to the exploitation will be regulated by the statutes and the ordinances which, once they have been redacted and approved by the users should be submitted for administrative approval to the Basin’s Agency. In the same way Irrigators Communities are corporations of public right ascribed to the Basin’s Agency. They have internal autonomy in terms of management, within the limits dictated by the Law through individualized Ordinances and Regulations drafted by the Irrigators themselves and then submitted for final approval to their respective Basin’s Agency (Confederación Hidrográfica). The regulations statutes and ordinances have to include the aim and the territorial scope where the public property hydraulic goods can be used, regulating the participations and the present and following holders obligatory representation of the goods and services and the participants in the water use always related to their own interest (art. 747.2 LA), for this reason they will have a general committee or assembly, a governing committee and one or two irrigations juries. In the same way, the regulations and ordinances will also force all the holders to contribute to pay in the same proportion, the common expenses of the exploitation, maintenance repairing and improvement (art. 74.2 LA). The debts coming from this ones, and also any others coming from the administration and water distribution, will burden a lien upon then property in whose favour they were carried out, and the users community will be able to demand for the payment through compulsory procedure, and to forbid the water use for the time the amounts are not paid, even though the property had had another owner. The procedures will be the same if the debt comes from fines and indemnities imposed by the courts or irrigation juries (art. 75.4 LA) According to the authority that the Water Act confers to the Irrigators Communities, it is out of doubt the importance of these institutions. However, the important weight that the Irrigators Communities have within the hydraulic State Organization is not always reflected in the administrative decisions nor transmitted to the public opinion. What is an Irrigators Community? We could define it as the grouping of all the owners who own an irrigating area forced by law to join together, for the autonomous and common administration of the public waters, without intention of profit. Then we are talking about “a specific area, suitable for irrigation, enjoying a water concession to being irrigated”. This definition highlights that the water concession is linked to the land and not a grant to the landowner or “commoner”. Accordingly, when a “commoner” sells his field he transfers, along 3 with the land, the relevant right to the water that cannot be sold separately, for it does not belong to him. The law 46/1999, 14th December, reformation law of the water law 29/1985, 2nd August, allows in its article 61 A, to grant the rights of the water use. Considering series of restrictions and conditions, from its application it could be separated the water and the land, through a temporal session among users of the same and higher legal status. We are not talking about the privatisation of the water, so that the hydraulic administration has a preferring right towards the granted water, but it is tried to make the conditions more flexible so that they could be turned aside towards other priority or more profitable uses, not only for the environment but also economically speaking, always with boundaries limited by this new law. 4.1. - OBJECTIVES OF IRRIGATORS COMMUNITIES Irrigators Communities have the obligation to administrate collectively public, surface and underground waters they share. Their foremost task is the distribution and regulation of granted waters, binding to the norms sanctioned by Public Authority and elaborated by the users themselves. The reason why irrigation water users shall gather in Irrigators Communities, by enforcement of the Law, is conditioned, on my view, by the existence of common properties and related equipment, such as: - Water (generally with one or several common outlets). Transport and distribution hydraulic networks. Right–of-ways caused by the works. Which preferably should be managed, operated and financed in an associative form. 4.2. - FEATURES OF THE COMMUNITIES Recently in 1996 the lawyers of the State Council (Consejo de Estado) Mr Garcia Trebijano and Alonso have underlined the following “The Irrigators communities are as individuals with rights, with their own juridical nature, based on associations not foundations, they do not have territorial status but public juridical nature, being able to qualify them as the true public administration with the exposed reach, taking into considerations for this, the public interest which it is tried to reach thought their creation” and it is added that “they do not constitute public administration of territorial status, and they cannot qualified as autonomous bodies”. They are characterized by: - Its legal status, complemented by their functioning as public entities. Being corporations of Public right. Being recognized as qualified bodies of the public Administration. Not having the consideration of autonomous State Agencies. Juridical nature The juridical nature of the Irrigators Communities is independent to the members who compose it, but have a legal status that allows them to buy, to sell, to contract and to exercise any 4 kind of juridical actions. The exercise of these actions is the responsibility of the governing bodies and not of the users or “commoners”. Its public character stems from the objectives they follow, consisting in the administration of public waters, distributing their flows, settling disputes between “commoners” (farmers) or other stakeholders, and acting as policy enforcers. Corporation of Public Rights It is corporative because it gathers several persons, by force of the autonomous and common administration of public waters. The essence of the Communities does not reside in a quantity of goods assigned to a specific end, but to a group of persons incorporated within a juridical framework so as to assume administrative and autonomous functions regarding public waters. In the Irrigators Communities, the title deeds are held by their owners and never transferred to the Community, without dismissing the common duties that they are subject to. Status of Public Administration The aims of Irrigators Communities are of public interest, and so are the funds and properties devoted to common use (ex. main canals, dams, pumping stations, etc.). The three main administrative tasks of Irrigators Communities are: - Policy, Development, and Public service. Minutes and resolutions taken up by the management bodies of the Communities have an administrative character and are subject to the administrative – litigation Courts of Justice. They are not Autonomous State Agencies The State Administration, although empowered with the faculty to create Irrigators Communities, cannot either assign patrimony that does not belong to him, or perform audits, nor appoint high rank directors or supervise the budget, or perform other activities that specifically belong to the Irrigators Communities. 5. - RIGHTS AND DUTIES OF THE “COMMONERS” The Users Communities are made up by the commoners, i.e., landowners grouped, with the purpose to use collectively a common water concession, which is assigned to the land and never granted to the commoner. 5.1. - RIGHTS Use of water 5 The Ordinances must distinguish between the common, and general use of water to the benefit of the Community, and the individual consumption of the each commoner, within the flow granted to the Community. The distribution of waters will be done under the office of the Board of Governors of the Community. An irrigator can never draw water directly, although his turn has come. Neither can any irrigator demand more water than agreed to respond to his cultivation plan. To hold a post in the Community Respecting the limitations imposed by the Ordinances, such as being free of debts with the Community, have full legal age, knowledge in writing and reading, etc., all owners of properties assigned to the use in common will be eligible to take up any charge at the Governing Bodies of Community or at the Irrigation Jury. Voting Right All the users have the right to participate in the meetings, attending or discussing on the matters subject to debate. The right to vote must be exercised according to the proportional representation of each commoner within the Community. The law in force establishes that all commoners, whatever may be the degree of participation, will have the right to vote, as laid down in the Ordinances, being able to group themselves to reach the number of persons required to exercise this right. Anyhow, no owner will be allowed to reach the 50% of the total votes of commoners. The right of vote that, according to the Ordinances, corresponds to the users is independent to their right of vote as members of the Board of Governors or Irrigation Jury. In the internal organism of the community, its member of the Board or jury has the right to vote once, apart from the votes they can issue as a user in the General Board. The President has a casting vote to decide in case of draw at meetings chaired by him. Right to information and representation Besides the right to take administrative or administrative-litigation actions, the commoners have the right to be informed attending to General Assemblies, and will be allowed to revise the agreements written down on the official books, although in some Communities they are required to ask previously for the authorization of the General Assembly or the Board of Governors to do so. In the same way, only the owners of properties assigned to collective use, or their legal representatives will have the right to participate in the functioning of the Community, but the representative will in no way have the right either to be eligible or to be appointed to occupy a post of responsibility in the Community. 5.2 – DUTIES Payment of fees The Regulations of the Water Law establish that no commoner can elude the payment of his obligations and charges inherent to his participation in the Community. 6 Expenses for the maintenance, clearing and improvement of the communal facilities, caused by the administration and distribution of water, may encumber the field irrigated, which amount can be demand, under duress, by the Community that, if necessary, will suspend the water supply until the payment of debts, inclusively in the case the property has been transferred to another owner. This obligation, determined by the Water Law itself, extends to the payment of fines and compensations imposed by Justice Courts or by the Irrigation Jury. All landowners whose lands are comprised in the Irrigated Area of Community are also subject to fee payment, even if they do not wish to make use of the water. In any case, users will only be allowed to withdraw from the Community if they previously renounce to water use and settles all the obligations contracted with the Community. In the same way, expenses for the construction of dams, water harnessing, irrigation network, as well as operation and maintenance will have to be paid for as stipulated in their By-Laws or Ordinances. Norms observance All users are compelled to observe the Ordinances of the Community, as well as the resolutions adopted by their governing bodies. In case of transgression the typified infractions may be punished. 6. - MANAGEMENT OF AN IRRIGATORS COMMUNITY 6.1. - Direct management. It includes all what is related to the internal running of the Community management and with its relations with third persons. All the Communities, independently of their individual peculiarities, run their administration under three headings: LEGISLATIVE, EXECUTIVE and JURIDICAL, for which they dispose of three organs: - The General Assembly: Composed of all the commoners or users. It is the supreme body of the Community and is the responsible for the administration of legislative functions and other specific scopes, such as the approval of budgets, election of members, new water concessions, acquisition or sale of goods, etc. - The Board of Governors: Composed of commoners elected by vote of the General Assembly. Its responsibility covers the management of the EXECUTIVE function of the Community, through the authority it is conferred by Law and particular Ordinances: (ensure the completion of ordinances, appoint and dismiss employees, elaborate budgets, organize and distribute irrigation water, watch for the good state of works, etc.) - Irrigation Jury: Composed of commoners elected by the General Assembly. Its responsibility is to assume the JURIDICAL functions of the Community. The Irrigation Jury is in charge of being reported on the disputes raised between the users of the Community and may impose prescribed sanctions to transgressors. Its main task is to mediate and solve disputes that might arise between Irrigators, Irrigators and guards, etc. The aim is to bring quick solution to problems, without having to resort to ordinary Courts of Justice. 7 Actually, the Jury operates “de facto” as a Court, solving problems arising on the distribution of water. The irrigation Jury can also solve questions of law, but not all questions they users may be interested in, only “the ones raised about the use and exploitation of the Irrigators community water The complains can be made by the members of the Jury, by the guards or even by any irrigator, to the President or Judge who will, if he considers convenient, order the Secretary to summon the persons involved to the relevant Trial session. The resolutions of the Jury shall be taken by a majority of members present and, in the case of draw, the President may decide by his casting vote. Once the resolution has been worded it will be allocated by the secretary with the agreement of the President in a specific book, in which all the circumstances of this resolution will be written These resolutions of the Jury are executive and can only be appealed for revision before the Jury itself, as a previous requirement, before bringing the case up to the court of Justice as an administrative-litigate appeal. 6.2. - Indirect management This term expresses the management done in collaboration with the relevant bodies of the Basin’s Agency or Hydrographical Confederation. These bodies are: - The Water Council: This is the Body in charge of Hydrological Planning. According to the current legislation, Irrigators think they have a very rare representation in this body, because the Irrigators are represented by the 15% of its members. The present Water Law specifies that the representation of the different users (Irrigators, supply to populations and other users) must be at least 33% of the participant’s total amount, among the different types of users. - Board of Governors: It is the Governing Body of the Basin’s Agency of Hydrographical Confederation. It takes decisions on the budgets of the Agency, and in drought situations, take Law protected measures and signs agreements on specific norms on irrigation. The Law in force limits the participation of Irrigators within this Board to the 15% of its members, which contrast with the fact that they use more than 70% of the water supplied and assume more than 50% of the expenses of the Basin’s Agency. The water Law specifies that there must be 33% of representation, among the different types of users. - Exploitation Board: It is the management body, which coordinates the exploitation of Hydraulic works and water resources of a specific area. The law specifies that the rights coming from the corresponding grants and authorizations should be respected, the exploitation of hydraulic waters and the water resources of that group of rivers, river, section of the river, or hydrographical unity, whose exploitations are especially interrelated. This is the body where there is a bigger representation of the respective users. - Reservoirs Committee: Management Body entrusted with the study and subsequent report to the President of the Basin’s Agency of the filling and releasing regimes of reservoirs and aquifers for the irrigation season. Attended the granting rights of the different users. In exceptional circumstances, as flood, rashness, a permanent committee will be constituted, this committee will include the president of the body, the waters commissioner, the technical manager and the exploitation chief. They are entitled to adopt the necessary emergency measures without convoking the whole reservoirs committee, although they have to report later to the whole committee about the extraordinary that they have carried out. - Users Assembly: It is composed by a state representation and by representatives of the confederated exploitations in a gradual and previously established relation with the irrigated 8 surface, the water consumption or the installed power, so in this way all the sectors will be represented. And also representatives of the Autonomous Communities take part in. Nowadays in fact this Assembly is hardly operative. The user’s representatives for all indirect management bodies within each Hydrographical basin Agency or Confederation are elected from the members of this Assembly. 7. MANAGEMENT IMPROVEMENTS OF IRRIGATORS COMMUNITIES At this stage in time it seems necessary to gradually allow the users to take more decisions on the regulation and control of the water resources inside their corresponding hydrological basin granted by concession for irrigation, initiative which up until now has been taken in Spain by the Basin’s Agencies. But we have to advance more and more towards the responsibility between the water administration and the users. To this purpose the Irrigators Communities will have to assume their own responsibilities although with the support of State Agencies either in the scope of hydraulics or environment or in agricultural aspects. Of all tasks that an Irrigation Community has to assume, the most important one is the fair and equitable distribution of water to each one of the irrigated plots. Henceforth the importance of a good and permanent agricultural management, made by experts on overall aspects of cropping techniques and, in particular, on two of them, related to a better knowledge of the relationship between soil-water and soil-water-plant, in a general way. The first one the right water application to the plants, or the use of the best suited irrigation method, and the second one it results of special interest in the areas of water deficit conditions as it happens in Spain and other Mediterranean countries where the irrigations are usually rare due to a lack of water. It should be known which ones are the stages of the vegetative development of the crops that are more affected by temporary water deficit conditions because of its effects on agricultural yields loses, with the final object to improve available water resources management, specially in regions as is the case of the Spanish Levante and many other parts of the world, where water resources are limited, both because of unfavourable climatic conditions, such as drought periods, and the increasing demand of water for other uses that might be priority, as it happens with the populations supplies. The XXI Century Agricultural has to be characterized by being a pattern of supporting Agricultural, based on two main principles: a/ “competitive” (The farmer has to use a production means and commercialisation channels which allow him to sell his products to a competitive prices, in order to make his living with his family from this activity) and b/ “Non aggressive for the environment” (He should protect the natural resources as the soil and the water so that they can be used by the future generations). The first consequence of this future agriculture is, that, the farmer will need an almost permanent advice about which are the inputs in which his contribution to the crops could be reduced. For instance (cultivation, fertilizer, etc) and which are the essential production factors to obtain competitive crops from a qualifying point of view more than a quantifying point of view. In the light of this worldwide situation, Irrigators Communities are challenged to channel their members on the best way to make use of the available water volumes and teach them how to do so. This participation will, of course, be completed by a control on the water consumed by the farmers. This task will be successfully assumed provided that it is complemented by the appropriate flow measuring instruments and a good water pricing policy. 9 One task, which in reality is the responsibility of the State Authorities, since it should be accomplished before the creation of the Irrigators Community, is to inform the farmers on the benefits of being a part of the Users Community. Even though, once one Irrigators Community has been formed, no matter how small it may be, it is its interest to gather into General Communities or General Board of Irrigators Communities, covering river sections or the whole river basin. This coordination would permit a better access to technical, juridical, financial, guard surveillance, etc. Services, out of their possibilities, in other circumstances. Furthermore it would be advisable that the users of irrigation schemes elaborate within their Community a pyramidal organic structure similar to that of the Spanish National Federation of Irrigators communities, composed of a 1) the General Assembly, 2) a Governing Board, 3) a Permanent Committee, this last one composed of a representative of each Hydrographical Basin. And finally, the President who is no more than the legal representative of the bodies above mentioned. 8- FINAL CONCLUSIONS As a summary of what has been said I would like to draw several important conclusions: A) Given the proven efficiency of self-management that Spanish Irrigators Communities have shown for centuries of history and thanks to their unique organizational structure, we think of paramount importance the knowledge of this type of association of the Spanish farmers, unique in the world, in order to apply its model to developing countries, so that the generally scarce water resources of those peoples may be allotted with the highest efficiency and equity. B) Even if the Irrigators Communities play an outmost important role in the organization of irrigation, in coordination with the farmers, members of these entities, their management could be improved by: 1) Increasing, as much as possible, their active participation within their Basin Agency in completion to the Water Act prescriptions. 2) Providing them with a better technical support on agronomic aimed to give a direct assistance to the farmers, since this task is hardly covered by other State Departments and/or Agencies. 3) On the part of the State Bodies, endowing the irrigation networks with adequate devices for measuring the water delivered so that the water used by the farmers could be better controlled by the volumes consumed rather than by irrigated surfaces. BIBLIOGRAPHY: - ACEQUIA REAL DEL JUCAR (VALENCIA), 1992. Ordenanzas para el Régimen y Administración de la Comunidad de 1845 y modificadas en 1992. 10 - AL-MUDAYNA, 1991. Historia de los Regadíos de España. Ministerio de Agricultura, Pesca y Alimentación - BOLEA FORADADA, J.A., 1998. Las Comunidades de Regantes. Ed. Comunidad General de Usuarios del Canal Imperial de Aragón. Zaragoza. - COMUNIDAD DE PROPIETARIOS REGANTES DEL PANTANO DEL GUADALMELLATO (CÓRDOBA), 1989. Estatutos de la Comunidad y Reglamento del Jurado de Riegos de 1908, modificados en 1989. - DEL CAMPO GARCIA, A. 1996. Las comunidades de Regantes: Historia, Características, Finalidad y Gestión. XIV Congreso Nacional de Riegos. Aguadulce (Almería), Junio de 1996. - DEL CAMPO GARCIA, A., 1996. Spanish Irrigators Communities. 2nd Meeting of the Interim Board of Governors. World Water Council. Granada, Spain. July, 1996. - DEL CAMPO GARCIA, A., 1999. Sustainable Management of Water by Communities of Irrigators of Spain: History, Features, Objectives and Management. Technical Centre for Agricultural and Rural Co-operation (CTA ACP-EU Lomé Convention). CTA Seminar. Cordoba (Spain), September 1999. - DÍEZ GONZÁLEZ, F., 1992. La España del Regadío y sus Instituciones Básicas. Ed. Federación Nacional de Comunidades de Regantes de España. - MURILLO CUESTA, J., 1994. Comunidades de Regantes. Mecanografiado. (Curso del IRYDA sobre Problemática de riego y regadío). - SOUBRIER GONZÁLEZ, G, 1992. Asociaciones de Usuarios. Mecanografiado. Jornadas sobre Explotación de Sistemas de Riego. Aspectos Institucionales II. MOPT y CEDEX. - VALERO DE PALMA MANGLANO, J. 1996. Régimen Jurídico de las Comunidades de Regantes. Colegio de Abogados de Madrid. Octubre 1996 11 II. - THE NATIONAL FEDERATION OF IRRIGATORS COMMUNITIES AND ITS PRESENCE IN THE SPANISH SOCIETY. The National Federation of the Irrigators Communities in Spain is an association without intentions of profit, which gathers the organizations dedicated to the administration of the water in order to irrigate, no matter if the source of the water is superficial or subterranean. In Spain, since former times they are called in different ways (Irrigators Community, Waters Court, Irrigations Unions, etc...) It was founded in 1955, due to the need of establishing and maintaining a unity of criteria and acting among all the organizations which have as the main aim the use of water to irrigate. Those years, the existing political regime tried to control all the aspects of the public life of the country. The Irrigators Communities associated together to be opposed to this intrusion, being able to maintain in this way the freedom and independence they had always had. There are popular sayings as: “ no matter if there is a Monarchy, republic or Dictatorship we do have to irrigate”, “The water has no colour”, referring to their political independence, etc. The National Federation of the Irrigators Communities in Spain is nowadays fully recognised and integrated in the public activity of the country, fighting to safeguard the interests and rights of the most precious good we have: The water, and harmonizing the effort and the work of all the Spanish irrigation. As it is established in its statutes, the aims followed by this national Federation are. Among others, the following: a) To assure a coordinated action in order to improve the knowledge acquired in matters of the water distribution for the irrigation, from the loyal, administrative and practical point of view. b) To favour to the maximum the reciprocal information about water collections, methods of distribution, statistics and other aspects of common interest. c) To have the same expectations of the Federated Communities in matters of irrigation improvements, guarantee of the traditional ones or creation of new ones; and to start the ones that they consider appropriate with the same aim. d) To orientate the training and life of the irrigation organizations, not only the old ones but also the new ones. e) To act for their members in front of the Bodies of the State and the Authorities in all the communal interests and rights. Along this last half century, the National Federation has been growing in the Spanish Public life. Nowadays, there are Irrigators Communities federated in all the Spanish provinces, which means around 2 million hectares (1 hectare: 2.471 acres), it means more than the 50% of the national irrigated land. And of course, among the integrated Irrigators Communities, there are the most important ones of the country, due to their extent or due to their tradition. This National Federation is very proud of having maintained along the years its political independence, which has allowed them to work in favour of the Irrigators with governments of very different ideas. With an always-constructive disposition, toughness 12 and dialogue capacity, the National federation has become an important group of decision in the hydraulic policy of the country. It can be said that the National federation is the unique official representative of the “irrigated land” inside the National scope. In this sense, the Public Administration has recognized the National Federation as the favourite speaker in numerous occasions, among them, we have to point out the writing of the waters law and its regulations, the elaboration of the hydrological National Plan, the collaboration in the making-up of the National Irrigation Plan, and much more recently the reform bill of the waters law, the white book of waters, the communitarian directive frame about waters policy, etc. The National Federation of Irrigators Community is also by law: - Member of the Permanent Commission of the Irrigators Communities National Congresses (OM MOP 12.10.1972) - Consultant Body of the Ministry of Works (Ministerio de Obras Pública) (OM MOP 12.01.1978) nowadays called Ministry of environment (Ministerio de Medio Ambiente) - Natural member of the Water National Council (Regulations of the water Public Administration and its Hydrologic Plan - 927/1998, 29th July, article 16.1 - paragraph c) -Member of the Environment Consultant Council (RD 224/1994, 14th February Resolution the secretariat of State of the Environment and Housing, dated the 22nd April 1994) being the president of the work group “Waters and costs”. As regards as its internal organization and its way of functioning, according to the statutes, is the following: GENERAL BOARD DIRECTION BOARD PERMANENT COMISSION PRESIDENT GENERAL SECRETARY The General Assembly or Board is the supreme body of the National Federation, and where all the Irrigators Communities associated through their delegate are represented. The Direction Board is the governing body. Nowadays 48 members, a treasurer, an accountant, 3 Vice presidents, a General secretary, and a President compose it. They meet at least once a quarter and when necessary. The permanent Commission is composed by a representative of each hydrologic basin, elected by the irrigating users of this one, besides the President and The General secretary of this National Federation. Due to its small number of members and due to the way they work, more informal, it has been revealed as an excellent intermediate, representative body and also adviser to the Presidency. A voting in the General Board, each four years elects the President. He has to be at the same time President of any associated body, or at least, the legal representative in front of the national Federation of the Irrigators Community. He holds the legal representation of the National Federation. And nowadays is an eminently executive position. 13 The general secretary is the person in charge of the internal functioning of the National Federation, fully collaborating with the President and the Direction Board, from whom he depends on. In the meetings he will have a say but not a vote. The National Federation carries out a wide range of activities; among them we can underline the following ones: - Advice, answering all kind of consultations (juridical, practical, technical) made by the Irrigators Communities. - Information, to be informed in our society is absolutely necessary, due to this reason they try to keep the associated members informed about those topics they are interested in (legislation, technical reports, sentences, communications, interesting articles, etc.) Through brochures and circular they issue periodically. Training, organising courses for the farmer-Irrigator, in Madrid and in other Spanish provinces. It is also necessary to remark the more and more participation of the National Federation in the public life of the country, through its participation in the different forums where it is talked about “water”. It is clear the importance of defending in front of the Public Opinion the reality of what is “the irrigation” and this National Federation accepts any opportunity to do it in different seminars, lectures, talks, etc organized by universities foundations, and cultural bodies, and also in their own Irrigators Communities National Congresses and technical lectures about present topics, in Spain and in other countries. As regards as the Ministry of Agriculture, Fishing and Feeding, this National Federation has maintained a narrow collaborating relationship since 1993 through “Cooperation and Collaboration Conventions”, presently with the General Direction of Rural Development. For both sides the relationship is being very valuable, because it has been facilitated the interchange of data and ideas about structure plan of irrigation, the improvement and the spread of techniques related to the irrigation, the knowledge of the real problematic which affects the irrigation, etc. It is being specially productive the collaboration with the Ministry of Agriculture, Fishing and Nourishment (MAPA) concerning to the training of farmers-Irrigators, through 3 different ways: a) Organization of courses in the National Centre of Irrigation Technologies (CENTER) in San Fernando de Henares (Madrid) b) The realisation of multi-regional programs to train the professionals of the farming feeding sector along the country, and the organization of technical trip to other countries to interchange knowledge. c) Experiences with the farmers and technicians of the Administration of the visited countries. The most recent trips have been to California and the South of France, having been signed Conventions of Collaboration with public bodies and Association of Irrigators of the visited Countries. It is also placed on record the Support that this Ministry and its leaders have been given to this National Federation when they have defended the competitive of our irrigation agriculture, and the need of obtaining a sustainable deployment of our activity so that they can be profitable but at the same time respectful with the environment. Perhaps this is the most important mission that the National Federation will have in the future; to show the need of a sustainable agriculture, not only to the society (that most of the times they do not know the ecological aspects of the agriculture and they limit 14 themselves to the four reasons used by the ecologist against the reservoirs) but also to the irrigator (that many times and due to the lack of incentives he carries on with his profession by passivity without having any incentives to improve his family activity) 15