LEGISLATION FOR SUSTAINABLE WATER USER ASSOCIATIONS

This paper considers the legislation necessary for sustainable Water User Associations (WUAs). The findings are of general application but are particularly relevant to Iran in connection with the Government of Iran/World Bank funded Alborz Integrated Land and Water Management Project. A number of distinct legislative topics, which may in turn be addressed in a range of separate laws, should be considered. The author will introduce some key legal features that need to be addressed drawing on examples from Europe (East and West), Central Asia and North America. First, there is the legislation that regulates the establishment and operation of WUAs. Experience shows the importance of having specific legislation in place that permits the establishment of WUAs as a specific type of legal entity. In other words while WUAs can typically be established (in the sense of being formally registered) using an existing organisational form, sooner or later one or more of a number of legal problems are likely to threaten their sustainability. Specific legislation can take account of the public interest nature of WUAs. Next it is important to ensure that irrigation and drainage sector legislation, including land tenure legislation, is supportive. If it is not, then once again the sustainability of WUAs may be threatened. For example WUAs need secure long term rights to receive irrigation water from a bulk water supplier as well as the legal right to use publicly owned infrastructure. Tariff structures should support the establishment of WUAs while at the same time it is important that suitable mechanisms are in place to provide incentives to the bulk water supplier to provide an efficient and responsive service. Finally, it is important to have effective basic water legislation in place in the form of a modern water code or water resources law. While this is clearly desirable from a water resources management perspective the absence of such a law, and in particular the lack of water security that may ensue, can also threaten the sustainability of WUAs.