GEO Brasil - UNEP

policies feedback
It is also important to mention that most of the states have
legislation that defines the administration of waters and
their domains according to the chart summarised at the
end of the chapter.
At institutional level, necessary and adequate institutional
organisation is being implemented in the country for the
management of water resources. Examples include the
domains and uses of water, as well as the different
governmental and non-governmental organisations that are
busy with the water issue. In this way, corresponding to the
hopes of the national water society, the 1998 Constitution
established in article 21, paragraph XIX, that “it is part of the
Union’s obligation to institute a national system of
management of water resources and define provision criteria
for its use”. The National System of Management of Water
Resources, established by Law 9433 instituted the
mentioned organisation in a systemic way. The referred
constitutional precept was then followed.
An intensive training programmeme has been developed
and promoted by SRH/MMA during this period. This
programme me has been disseminated spread to most of
the states, in support of the process of institutional
organisation focusing on the original aspects of water
resources management.
It is important to emphasise the actions developed in the
area of the subprogramme created by the Brazilian
government within the Brazil in Action programmeme,
PROÁGUA – Semi-arid. This programmeme includes a
structuring mission, with special emphasis on the
institutional strengthening of all significant participants
involved in the management of water resources, in the water
basins owned by the Union as well as in the water basins
owned by the states. Initially under the responsibility of
SRH and nowadays of ANA, this programmeme’s general
objective is to guarantee the extension of the gross offer of
high quality water for the Brazilian semi-arid region. This is
done with the promotion of wise use of this resource so
that its relative scarceness does not continue to constituting
an impediment for the sustainable development of the
region.
This subprograme encompasses the entire North-eastern
region and the State of Minas Gerais. In its first phase, the
programmeme should benefit a population of about
1,300,000 people, or 260,000 households. Priority actions
include institutional development, technical basis for the
management of water resources, studies and projects for
planning and water resources, specially the management
of the São Francisco River basin and preparation for the
National PROÁGUA programmeme.
4.4.1. Policies
Title I of Law 9433 defines the foundations, objectives,
general guidelines for actions, and the instruments of the
National Policy of Water Resources.
The National Policy of Water Resources for Brazil is based
on the fact that water, a public domain, is a natural finite
resource. This concept incorporates economic value and
treats human consumption as the priority use. Water
management should be decentralised, provide the multiple
use and should treat the water basin as its management
unit. This should take place respecting the physical, biotic,
demographic, economic, social and cultural diversities of
the different regions of the country. Moreover, it should be
integrated in Environmental Policy, tied to the management
of soil resources, estuary systems and coastal zones. It
should also follow the basic principles of the sustainable
development. As Brazil is a Federation, there has to be
constant links between the Union and the states, treating
the management of water resources as a matter of
common interest. With the objective of implementing the
National Policy of Water resources, a series of instruments
designated by the Law are in phase of implementation or
studying criteria for their application.
a) Water Resources Plans (Water Basins Plans, State
Plans and National Plans) are basic management
instruments. For the effective flow of the macro
planning and decisive processes, the National Plan
and the State Plans are supposed to be Indicative
Plans while the Basins Plans are Director Plans of
executive character.
b) The Division of the bodies of water into classes,
according to preponderant uses of water, is the
instrument for the recuperation and maintenance of
the quality of available water.
c) The granting of right of use of water resources
guarantees equity in the uses of water as a public
asset according to plans and criteria established in
relation to its availability in time and space.
d) Perhaps the instrument with the most difficult
implementation is the charging for the use of water
resources. This is because of the repercussions
256