World Food Law Institute Round Table on Regional Water Cooperation

23 May 2022, Washington, DC - Water as a natural resource that crosses human-drawn boundaries faces challenging management scenarios across the world. On this topic, the World Food Law Institute (WFLI) hosted a Round Table discussion exploring case studies of regional water cooperation initiatives, agreements, and governance at international, regional and national levels. The event was opened and moderated by Professor Marsha Echols, Director of The World Food Law Institute, who underlined that water is a human right.

The Round Table elaborated on themes first explored during an April WFLI Round Table featuring IFAD, OAS IDB-Invest, the Agricultural Counselor of the Embassy of France, the Minister Counselor of the Embassy of Peru and the Acting Director of EPA’s Chesapeake Bay Office. The themes raised and examples offered by these international, regional and national experts highlighted the need to explore models of cooperation addressing water, a vital resource. The multistate collaboration and cooperation among the six US states along the Chesapeake Bay and cooperation between Spain and Portugal along their shared rivers provide possible models of cooperation for consideration as do agreements and governance models within both regions.

Legal systems for water management

Daniel Gustafson, Special Representative of the Director-General, and Former Deputy Director-General of the Food and Agriculture Organization of the United Nations (FAO) commenced the May Round Table discussion and highlighted the competing demands on water in the energy and food sectors. Geographical location also affects how water is managed through different legal traditions. “Historically, water rights were thought of as a component of land rights. You could use water if you owned the land. That tradition still carries on in some places, like in India and Pakistan, and in Texas, but for a long time now that land base approach hasn't been workable. We have moved to a permanent water rights approach,” explained Gustafson. He added that the current technical approach relies heavily on data monitoring and planning. While exploring the complexity of water management with different actors, Gustafson underscored the importance of institutions working together to face current and upcoming challenges.

Spain and Portugal’s management of water

Looking at transboundary water management Juan de Mata Urbano Lopez de Meneses, Ph.D., Agricultural Attaché to the Embassy of Spain, explained the agreement for a water management framework between Spain and Portugal. Urbano underlined the fact that water is considered a public good in Spain, but that its usage is part of a ranking system with water for drinking purposes being number one and for agricultural purposes being number two. This ranking system urges the participation of stakeholders who are particularly interested in the use of water. “It is important to consider the river basin as a whole, including the different ecosystems, landscape, and uses,” underlined Urbano. 

Urbano illustrated his point by explaining the bilateral agreements between Spain and Portugal. The first agreement came into effect in 1964 and was followed by two more agreements over the years. “The third and most recent agreement takes a completely different perspective than the preceding ones. It is more flexible, it takes into account sustainability, and, from a legal point of view, we find ourselves talking more about collaboration as we understood that the aims could change over time,” said Urbano.

Urbano also underscored the importance of the dynamic perspective in the agreement as “the mentality of the provinces is changing,” and with new challenges arising, such as climate change, there is a need for adaptation. The success of the voluntary agreement, according to Urbano, can be attributed to the fact that it is not rigid, is adaptable and incorporates a long-term perspective.

Data also plays a part, with sharing live hydrometeorological data being key for taking informed decisions. When it comes to water usage in agriculture, Urbano explained that “60 percent of the water we have in our reservoir is used for food production. It is very important for us, and the most important thing is planning. Several uses are competing for the same water, but with good planning, you can make a reserve of water for regions which meets socio-economic needs of the region.” He concluded by stating that the amount of water you can devote to certain crops is predetermined, meaning that if the water is not enough, the producers need to change their crops to adapt.

Water management in the Eastern United States

Cherie Schultz, Ph.D. Interstate Commission on the Potomac River Basin, added the practical experience and model of cooperation provided by the multi-state Potomac River Basin to the Round Table.  After describing the history of cooperation among the federal and local governments and many other stakeholders, Schultz shared how Washington, DC’s metropolitan area has been in fact benefiting from approximately 40 years of a functioning cooperation system around its river basin. She explained that the water laws in the Eastern United States differ from the Western United States. Schultz stated that “All states regulate water withdrawal and try to balance the need for upstream users, downstream users and the environment. There is no federal law on water use in the Eastern US. If a dispute arises between states, there is no recourse except to sue in the Supreme Court of the United States. It can be costly and with uncertain outcomes.’’ This situation leads institutions to have a reason to try to encourage collaboration and, in that way, facilitate discussions between states to help solve problems ahead of time. Schultz also underscored the importance of updating agreements, a point previously made by Urbano, stating that “agreements get old and tattered.”

Continuing the discussion

With competing interests in sometimes dwindling water resources, sustainable water management is a priority requiring cooperation and foresight. As the effects of climate change intensify and threaten water supplies, all panelists highlighted the need for cooperation, transparency and relevant data in the management of water. Efficient collaboration about water management also will be needed to help ensure the sustainability of agrifood systems.

Additional Resources

FAO’s paper Unpacking water tenure for improved food security and sustainable development

FAO’s work on Water