African Water Development Report 2006 - United Nations Economic ...

African Water Development Report 2006(b)(c)derived from Common Law as developedin England. As a consequence, the principleis mainly found in countries that were underthe influence of the British Empire;Public allocation, which involves administereddistribution of water, and seems to occurmainly in so-called “civil law” countries,i.e., countries that derive their legal systemfrom the Napoleonic Code, such as France,Italy, Spain, Portugal, the Netherlands andtheir former spheres of influence; andPrior rights, which are based on the appropriationdoctrine, under which water rightis acquired by actual use over time. This systemis developed in the western part of theUSA, a typical (semi-arid) “frontier zone.”The essential functions of international institutionsand basin organizations, include:(a) Reconciling and harmonizing the interestsof riparian countries;(b) Technical cooperation;(c) Standardization of data collection;(d) Exchange of hydrologic and other information;(e) Monitoring water quantity and quality;(f ) Submission for examination and approvalproposed activities, schemes or plans whichcould modify the quantity and quality ofthe waters;(g) Development of concerted action programmes;(h) Enforcing agreements; and(i) Dispute resolution (ibid).Technical and operational issues: Thecase of flood managementSince much of the second half of the twentiethcentury, one major feature of water managementin Africa has been the construction of large dams.The resulting reduction in flooding downstreamwas seen as a benefit and thus constructing adam capable of making flood releases was nevercontemplated. More recently, the great value ofnatural floods to fisheries, recession agricultureand groundwater recharge has been realized; somuch so that many authorities are now examiningthe possibility of creating artificial floods(ibid).The example of the Cahora Bassa Dam is a casein point. Whereas the shrimp fisheries in themouth of the Zambezi river were never contemplatedwhen the dam was designed, the incomein foreign currency from shrimp fisheries hasbeen far more important for Mozambique thanthe export of power. However, the way the CahoraBassa Dam is operated affects the shrimpstock negatively. The shrimp stock “depends ona natural seasonal variation in the runoff, both amarked dry and wet season. This seasonal runoffregime has been completely destroyed by riverregulation.” By changing operation proceduresof the Cahora Bassa Dam, substantial increasesin shrimp catches may be achieved without additionalinvestments or labour (ibid).Dam operations may affect a large numberand wide variety of users and stakeholders whoshould, therefore, participate in formulating alternativescenarios. Taking as an example thecase of River Senegal on which the Governmentadopted an artificial flood scenario after 10 yearsof lobbying by flood-recession farmers, it was theexpression concerns by the farmers that led theGovernment to finally recognize the legitimacyof the concerns which it took seriously in weighingthe advantage of alternative flood scenarios.This should not be interpreted as “benevolence”on the part of the Senegalese Government becausesheer economic common sense indicatesthat if an appropriate flood scenario were not developed,grain production from flood recessionagriculture would have been severely affected.Allowing local stakeholders to have a voice indecision making concerning river managementmay make them to change their position fromopposition to active cooperation. As in Senegal,a similar situation occurred in the South Africanside of the Phongolo-Maputo River Basin.The construction of the Phongola Port Dam in260