Legal framework The newly approved Water Law (
Ley de Recursos Hídricos – LRH, published March 31, 2009) has enhanced the National Water Resources System (substituting Decree No. 1081) which now consist of ANA, a National Water Resources Court, River Basin Councils, regional and local governments and water users organizations. However, some institutions foreseen under the law, such as the River Basin Councils, remain to be created. The water law also establishes priority uses of water, re-defines water user rights, understands water as an economic good, defines sanctions, considers river basins as management units and incorporates groundwater management considerations. It is foreseen that
subsidiary legislation (
reglamentos) will complement the water law by specifying, for instance, the roles of each institution within the National Water Resources System. The water law has been criticized by the Peruvian Peasant's Association claiming that it allows the privatization of water resources, does not involve local and regional governments in decision-making, promotes private operators in drinking water supply who would control water resources. They also claim that the interests of mining companies, industries and export-oriented agriculture influenced the drafting of the law. Ley de Recursos Hídricos indeed gives a strong role to the national water authority ANA. Its 14 local branches, called
Autoridades Administrativas del Agua, are accountable to the national authority and not to local or regional governments. The River Basin Councils (
Consejos de Recursos Hídricos de Cuenca) are to be chaired by the president of the regional government, but they have only limited powers and their financial resources consist merely in a share of expected water abstraction fees that the National Water Agency would grant them.
Institutional organization The institutional framework for water resources management at national and river basin level is fragmented. The newly created National Water Authority (Autoridad Nacional del Agua – ANA) was established in December 2006 replacing the Water Resources Intendancy (Intendencia de Recursos Hídricos – IRH) and is responsible for the design and implementation of sustainable water resources policies and irrigation nationally. The creation of ANA improves the prospects for sound WRM, because it has a clear mandate for integrated, participative, basin-scale WRM, enjoys financial and administrative autonomy, is able to issue sanctions and will have local offices in river basins. Some of the modifications included are (i) ANA is the new water authority, however, it is still under the
Ministry of Agriculture, which could hinder the impartiality required for sound WRM; (ii) ANA will have River Basin Authorities (Autoridades Administrativas del Agua—AAA), in each of Peru's 14 hydrographic regions and Local Water Authorities (Autoridades Locales de Agua—ALA) in selected river basins; and (iii) ANA is now also responsible for water quality. However, a number of ministries have sectoral inputs on water resources management: Agriculture for Irrigation, Housing and Sanitation for domestic water use, Trade and Tourism for
hot springs and mineral water, Energy and Mining for hydropower and mining operations, and the Council of Ministries for environmental policy and energy and water tariff and services regulation. In addition, the
Ministry of Environment (MINAM) created in 2008 is responsible, among others, for the generation of hydro-meteorological information through its Meteorological and Hydrological National Service (Servicio Nacional de Meteorología e Hidrologia – SENAMHI). The regional governments are responsible for the operation and maintenance (O&M) of major public hydraulic infrastructure (i.e., headwork such as dams and inter-basin transfers transferred to them as part of the decentralization process) and have some responsibilities for water quality. The regional government responsibilities poses a challenge for IWRM, since the administrative boundaries of the region do not coincide with those of the river basins. An additional challenge is that the regions are young and lack fundamental technical capacity and human resources to undertake IWRM. Finally, the roles of other actors traditionally involved in WRM at the local level—some of them yet to be defined in the new institutionality—include (i) eight local offices of the Environmental Health General Department (Direccion General de Salud Ambiental—DIGESA), and (ii) Water User Boards (WUBs) responsible for operation and maintenance (O&M) of minor irrigation infrastructure.
Government strategy In 2004, the Peruvian government proposed a National Water Resources Management Strategy, which is currently being discussed and is pending approval. The main objectives are: •
Institutional renovation and a clear legal framework to include (i) a resolution of current disparities between the Water Law and the Natural Resources Law, and transfer of irrigation system operation and maintenance to River Basin Authorities, promoting public participation in decision-making processes; and (ii) institutional development strategies that formalize water and pollution rights and establish a comprehensive tariff system to cover O&M activities. •
Integrated Management of Water Resources addressing both water supply and demand, taking into consideration environmental, social and economic factors. It includes a plan to modernize Peru's existing irrigation infrastructure with the goal of increasing the overall efficiency of irrigation systems from 35% to 45–50%. •
Increased Quality of Water Resources with a conservation initiative for upstream water resources aimed at decreasing sedimentation; it creates a pollution control authority to monitor agricultural and industrial discharges, promotes water recycling, and improves coastal drainage and salinity problems. •
Disaster Management and Mitigation including consistent weather monitoring, reforestation in strategic upstream areas, water channelling, and improved urban planning preventing settlements in high-risk areas. •
Capacity Building and Water Culture, and education program for preschool to college level students about the economic, social, and environmental value of water resources. •
Water Resources Information System strengthening of networks that monitor water quality and quantity; making accurate information publicly available. (See National Water Resources Management Strategy)
International agreements The Amazon Cooperation Treaty, signed in 1978 by Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela, aims at promoting sustainable use of natural resources, including water, in the
Amazon Basin On 25 June 2005, after the approval of a US$700,000 grant by the Global Environment Fund the Amazon Cooperation Treaty Organization, the General Secretariat of the
Organization of American States and the
United Nations Development Program agreed to sign the Integrated and Sustainable Management of Transboundary Water Resources in the Amazon River Basin Considering Climate Variability and Change Project. The project aims to strengthen the institutional framework for planning and executing, in a coordinated and coherent manner, activities for the protection and sustainable management of water resources in the Amazon Basin in the face of impacts caused by human action and ongoing climatic changes being experienced in the Basin. ==Water pricing==