2000年-世界发展银行全球_Argentina___Water_Resources_Management_Policy_Issues_and_Notes_Volume_3_Thematic_Annexes_190页_872kb

Argentina Water Resources Management Policy Summary

Core Content

This document provides an in-depth analysis of the constitutional, legal, and institutional framework for water resources management in Argentina, focusing on national and provincial schemes, institutional organization, economic aspects, and international experiences. It highlights the main challenges and opportunities for reform in the water sector.

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Main Viewpoints and Key Information

National Water Scheme

1. Constitutional Framework:

   • Article 121 of the National Constitution grants provinces original ownership of natural resources within their territory.
   • Article 124 reinforces the principle of provincial ownership of water resources.
   • Article 41 of the Constitution guarantees the right to a healthy environment and establishes the priority obligation to protect environmental assets and repair damage.

2. Ownership of Waters:

   • According to the Civil Code, surface and groundwater are publicly owned, while water use is governed by special concessions.
   • The principle of inherent importance of water to land is recognized in most provinces, linking water rights to land ownership.

3. Complementary Legislation:

   • The Argentine Water Law includes provisions from the Commercial, Mining, and Penal Codes, as well as federal laws on energy, navigation, and pollution.
   • Law 24.354 establishes the National System of Public Investments, which includes environmental impact studies.
   • Law 22.021 and its modifications provide fiscal incentives for water use, particularly in irrigation and aquifer development.

4. Draft Laws and Regulations:

   • Several draft laws are under discussion to implement Article 41, including:
     • Soil Conservation and Desertification Prevention.
     • Minimum Environmental Budget Scheme for water protection.
     • National System for Reduction of Water Pollution, including Pollution Reduction Titles (TRC).
   • TRCs are transferable and require annual reduction percentages (7% to 15% over 8 years) to be issued by provincial or interprovincial authorities.
   • A National Program for Environmental Technology Promotion is proposed, with 95% of TRC funds allocated to it.

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Provincial Water Legislation

• Provincial Constitutions:

  • Many provinces include the right to a healthy environment in their constitutions.
  • Provinces such as Jujuy, La Rioja, Mendoza, Salta, and San Juan specifically incorporate water-related provisions into their constitutions.

• Provincial Water Laws:

  • Most provinces have water laws from the 1940s to 1970s, regulating water use, inspection, and administration.
  • The concept of environmental use is absent in most provincial legislation.
  • Inflexibility and lack of implementation are common, leading to inefficient use and non-compliance.

• Groundwater Regulation:

  • Groundwater is generally not regulated at the provincial level.
  • Until 1954, groundwater rights were considered private, with limited legal constraints.
  • Some provinces, such as Mendoza, regulate groundwater separately, while others like Tucumán lack clear guidelines.

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Institutional Organization

• National Level:

  • The Secretariat of Natural Resources and Sustainable Development (formerly the Secretariat of Natural Resources) oversees national water policy.
  • The Under-Secretariat of Water Resources manages the National Bureau of Water Policy and National Bureau of Water Resources Administration.
  • The National Institute for Water and the Environment (INA) continues the work of INCYTH, focusing on water research, development, and environmental protection.

• Inter-jurisdictional Agencies:

  • The Federal Council on the Environment (COFEMA) is a multijurisdictional agency aimed at coordinating environmental policy.
  • COFEMA has not been ratified by all provinces, leading to institutional fragmentation and incoherence.
  • Watershed agencies such as COIRCO, COREBE, and the Inter-jurisdictional Authority for the Limay, Neuquén and Negro Rivers exist but face jurisdictional conflicts and limited effectiveness.

• Provincial-Level Agencies:

  • Special Commissions are established in each watershed, involving authorities, civil society, and NGOs.
  • PROsAP (Provincial Agricultural Services) play a role in irrigation and land use planning.

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Water Economy and Legal Enforcement

• Tax Regulations:

  • IVA (Value Added Tax) is deferred for water-related activities, including irrigation infrastructure.
  • Fiscal incentives have attracted non-irrigation companies to use aquifers.

• Enforcement of Legal Provisions:

  • There is low compliance with water laws, leading to inefficient use, non-payment of charges, and clandestine usage.
  • Pollution and non-up-to-date cadasters are major issues.

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Pollution and Water Quality

• Regulatory Gaps:

  • There is a lack of comprehensive regulations for water quality.
  • Provincial legislation on water quality is incomplete and ineffective.

• Mendoza's Water Quality Regulations:

  • The Province of Mendoza has specific water quality provisions.
  • Pollution reduction is managed through TRCs, which are issued by provincial or interprovincial authorities.

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Conflict Resolution and Reform Opportunities

• Conflict Resolution:

  • Inter-jurisdictional conflicts are common, especially over shared water resources.
  • User conflicts are also a challenge due to lack of participation and non-compliance with usage priorities.

• Reform Opportunities:

  • Consensus is needed to regulate Article 41 of the National Constitution.
  • There is an opportunity to create coherent provincial legislation.
  • Political momentum supports institutional reform and integration of water management policies.

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International Experiences

• The document references international experiences in water management, emphasizing the need for lessons learned from other countries to improve Argentina's water governance.

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Conclusion

The document outlines key challenges in Argentina's water resources management, including institutional fragmentation, legal inefficiency, and lack of environmental prioritization. It also highlights opportunities for reform, such as consensus-building, coherent provincial legislation, and institutional integration. The need for a unified national water information system and effective enforcement mechanisms is emphasized, alongside the importance of user participation and environmental protection.