Getting to know water tenure
Water tenure has been defined as “the relationship, whether legally or customarily defined, between people, as individuals or groups, with respect to water resources” (Hodgson, 2016). Water tenure determines how people obtain rights to water resources, including the rights to access, impound, use and manage water, gain access to information on water resources and participate in decisions on water resources management.
To ensure the equitable distribution of water and to protect natural ecosystems, it is important that existing water tenure arrangements are coherent and that all legitimate tenure rights are recognized by national legislation.
Water tenure arrangements can be very complex and vary considerably, including within the same country. Such arrangements are influenced by local and social practices, traditions and status, geography, environment and livelihood practices. Different water tenure arrangements may coexist and overlap in the same region and water tenure holders may be part of more than one water tenure arrangement.
Methodology
The KnoWat project developed a methodology to identify and analyse the diversity of water tenure arrangements in a catchment or community. The methodology includes desk research and field data collection as well as capacity building and consultations with decision-makers, national stakeholders and local people who depend on water for their livelihoods.
The assessment is carried out by a multidisciplinary team, which includes legal and sociological experts. It involves the identification and the analysis of water tenure arrangements deriving from different sources, including formal, customary, traditional and indigenous systems. Formal law, often described in terms of ‘water rights,’ includes permits, licenses, small-scale ‘free uses,’ concessions, contracts, membership in water users’ associations and legal powers conferred on public bodies. Local communities and indigenous peoples who exercise self-governance over natural resources may apply their own rules to the allocation, management, use and protection of water resources. Communities often share resources based on social, cultural or religious norms, some of which may be recognized in formal law.
The assessment methodology follows a six-step approach (see figure below) to categorize water tenure arrangements and determine their perceived security. It permits the analysis of governance institutions and the identification of potential conflicts and means of resolution through the application and revision of legal frameworks and local practices.
The methodology permits comparisons between countries and different regions in the same country, while highlighting the specificities of each study area. The assessment assists policymakers to define and safeguard the rights of all tenure holders and to determine how to safeguard water resources for users, while ensuring food security, livelihoods and the integrity of natural ecosystems.