Protecting Drinking-Water Sources Through Regulation

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Other issue sheets in this series can be found at http://www.who.int/water_sanitation_health/ Optimizing regulatory dwq/regnet_kit/en/index.html frameworks for safe and clean drinking-water Protecting drinking-water sources through regulation

Source water is untreated water In a multi-barrier system, as from rivers, streams, lakes, reservoirs proposed in the concept of water or aquifers that supplies public safety planning, the first step in drinking-water systems and private ensuring safe drinking-water is to wells. Source water protection is a select and protect reliable, high general term for the protection of quality source water. all kinds of water uses, including water for drinking, recreation and the maintenance of aquatic ecosystems. Practical approaches to source water In this paper, it specifically refers to protection commonly fall under two protecting drinking-water sources with categories: controlling point source pollution a view to protecting human health. and attaining standards for the management of diffuse pollution. All efforts should be made to identify possible pollution sources in Why is this issue important? the watershed to ensure that the appropriate strategies and plans for source water Source water protection is a major protection are implemented. component of an integrated management approach towards ensuring the safety of Point source pollution includes drinking-water, as recommended in the WHO a continuous discharge of effluent Guidelines for Drinking-water Quality and as to a water body such as industrial reflected in the Water Safety Plan concept. process effluents and municipal Regulatory frameworks and supporting sewage discharges. policies and programmes are essential for effective source water protection. Diffuse pollution arises from land- use activities (urban and rural) that Source water protection safeguards public are dispersed across a catchment or health by ensuring the quality and quantity sub-catchment, such as the run-off of source water used for drinking-water. of fertilizers, pesticides and pesticide Protecting water sources can reduce health residues from agriculture lands. risks associated with hazardous agents, particularly for those agents that cannot A watershed is a discrete area of be effectively removed by conventional land which has a common drainage water treatment. Preventing source water system. A watershed includes both contamination is often easier and less the water bodies that convey the costly than treating contaminated water. For water and the land surface from which example, ensuring that wells are properly water drains into these bodies. sealed from surface water runoff is less costly than removing persistent pesticides from source water. Optimizing regulatory frameworks for safe and clean drinking-water – Protecting drinking-water sources through regulation

What regulatory frameworks To avoid conflict, regulations should aim Effluent control, especially should be in place? to transparently disseminate relevant discharge control, is widely used information. In many watersheds where in many countries to prevent or 1. Direct regulation of activities transboundary water disputes have reduce point source pollution. affecting source water and occurred, data disputes have been a surrounding land use major component of the overall conflict. Types of direct regulation to be considered include: Impartiality is needed to ensure decisions • Effluent control (e.g. setting targets, are strictly based on evidence, not on end of pipe control, control of point Since the 1960s, authorities in the local power structures. Given competing sources of pollution); Republic of Korea have increasingly demands, conflicts often arise over recognized the need to address • Control of activities in watersheds priorities for, and uses of, source water. the deterioration of water resources (e.g. the use of chemicals such as due to industrialization, urbanization, pesticides and fertilizers); Some stakeholders have stronger and population growth (Korean • Watershed management approach voices than others (e.g. organized Environment Institute 2003). Public (e.g. zoning, land use planning); and, and well-funded industries or sectors), awareness especially increased after • Codes of practice (e.g. those that sometimes preventing more marginalized a major pollution accident involving control land use and management or vulnerable communities from being phenol on the Nakdong River in activities, such as agricultural activities). heard. As such, regulations should 1991. facilitate engagement of a wide variety 2. Financial incentives and and comprehensive representation of all The Ministry of Environment disincentives watershed stakeholders. Best practices established comprehensive water Economic approaches for source water for community involvement and public quality management measures for protection such as financial incentives (and hearings should be followed. Special Korea’s four major rivers between disincentives) provide effective support measures to engage specific groups or 1998 and 2000. These four rivers for regulatory mechanisms. Charging supply drinking-water to over for effluent is widely used in Europe and marginalized community members may 40 million people. Major policies in most industrialized countries based be required. include a total water pollution load on the “polluter-pay principle.” Charging management system, riparian buffer for water abstraction is also an option. 4. Institutional support zones, land purchasing, a water use Financial sanctions such as fines for non- Developing and implementing source charge and watershed fund, and compliance with established permissible water protection plans requires effective resident support measures. Water levels are less common. Subsidies or institutions responsible for source water use charges have been applied on tax incentives for buying fertilizers and protection planning, implementation and a “User-Pay Principle.” This special- pesticides which pose a lower risk of management. For example, drinking-water purpose tax supports a variety of source water contamination may be supply agencies or water suppliers are source water protection activities. effective. often not responsible for managing source water catchment areas and may not To ensure smooth implementation of 3. Evidence-based necessarily have the appropriate expertise these measures with legal backing, Regulatory frameworks should be based the Government of Korea enacted, on accurate data and current scientific to develop and implement source water between 1999 and 2002, the Act knowledge. The WHO Guidelines for protection plans. Institutional arrangements on Watershed Management and Drinking-water Quality provides an objective should be put in place to assist with and/ Community Support for each of and internationally-accepted source of data or assume these responsibilities. There the rivers. These measures and for developing and implementing health- are many examples of mechanisms for Acts for each of these rivers were based targets, qualitative microbial risk the establishment of such arrangements, developed through more than 420 assessment and quality measures for source such as Memoranda of Understanding, discussions and public hearings with water protection and drinking-water. stakeholders including residents, legally-binding contractual agreements Assessing and monitoring the quality local governments and experts over a and performance contracts. As public and quantity of water at intake points are period of five years. The overarching health and environmental interests often fundamental activities in source water goals are to raise the quality of water overlap significantly, cooperation between protection and should be included as a resources and the proportion of the public health and environmental authorities requirement in the regulatory framework. population connected to sewerage Timely identification of potential problems in the field of source water protection is facilities. with the raw water will allow the adoption of strategic importance and should be of plans that adequately ensure the safety pursued with priority.

of drinking-water. 5. Effective regulations Stable and appropriate As for other regulations, source investment levels New York City’s drinking-water water protection regulations should Ensuring the appropriate level of supply serves nearly nine million people be formulated in a way that ensures investment, both financially and from a in the city and four counties (USAID their effective implementation and perspective of human resource capacity, Water Team 2009 and USEPA enforcement. Roles and responsibilities is critical to ensure that source water 2010). Its water source is a network of all stakeholders, both governmental protection regulations and associated of 19 surface water reservoirs in and non-governmental, and compliance policies and programmes are implemented. two different regional watersheds measures, including the authority to ensure Interdisciplinary training may be required to with source water protection areas regulations are adequately implemented ensure government staff is competent and located in seven counties. In 1997, and enforced, should be clearly defined. has the necessary skills to resolve source New York City adopted a watershed When developing and implementing water issues and to work with stakeholders agreement to protect its drinking- regulations, attention should be paid in other disciplines and sectors. Education water. The agreement unites the to the capacity of all stakeholders to and awareness also helps improve watershed communities, New York comply with them. Unrealistic provisions stakeholders’ understanding of the City, New York State, the US EPA, or timelines may place excessive burdens importance of source water protection and environmentalists in support of on specific stakeholder groups and lead and can mitigate the impact stakeholders an enhanced watershed protection to non-compliance. have on source waters. program. The agreement is regarded as a model for stakeholder consensus 6. Supporting policies and Financial viability of the source water negotiations and sustainable programmes protection plan and process is critical, development. The watershed especially over the long-term. Funding protection program is composed of Iterative improvement may be needed for specific pollution the following elements: Policies and programmes should support control activities, including civil works, • Land acquisition and stewardship the periodic review and update of source stakeholder awareness, engagement and programme water protection plans to reflect, for conflict resolution, and for the inspection • Partnership programmes example, changes in the watershed or of activities and checking of compliance. • Wastewater treatment plant advances in scientific knowledge. upgrade programme 7. Boundary waters • Stormwater management measures Local context Given the nature of water, neither surface • Changes in policy and regulation Source water protection plans must be nor groundwater resources stay within • Environmental education and appropriate for the characteristics of administrative or political boundaries. outreach programmes and risks to specific water sources and As such, nationally and internationally, catchment areas. They should take into boundary waters need to be considered account other aspects of local context, when protecting source water and including knowledge, attitudes, practices, appropriate legal instruments agreed and The 1909 Boundary Waters and beliefs of local people. Policies and applied. Treaty between Canada and the programmes perfectly reasonable in United States of America provides some countries may not be acceptable in principles for both governments to others. follow in using the waters they share (International Joint Commission Stakeholder engagement 2009). For example, both countries Stakeholders should be engaged in must agree to any project that formulating and implementing source would change the natural levels or water protection plans. The views and flows of boundary waters. The treaty needs of different stakeholders should be was incorporated into U.S. law identified, reviewed and incorporated as and confirmed in the International they are formulated. Public and stakeholder Boundary Water Treaty Act by involvement throughout the process can Canada. The treaty established help to incorporate and reflect these views the International Joint Commission and needs. Stakeholders should have an (IJC), with three members from opportunity to comment on strategies to each country. The ongoing work ensure they reflect agreement among key of the IJC helps to fulfill the treaty’s stakeholder groups. Given the multiple, purpose of preventing disputes as often conflicting, demands on source well as resolving them. water, ensuring an appropriate level of stakeholder engagement, cooperation and buy-in can be extremely challenging. Optimizing regulatory frameworks for safe and clean drinking-water – Protecting drinking-water sources through regulation