Department of the Environment MMA

Department of Environment, Dwelling and Territorial Development - MAVDT Regional Autonomous corporation of the Valley of the Cauca – CVC German cooperation to the development - GTZ

PROJECT we ARE SINA

SIGNIFICANT EXPERIENCES OF REGIONAL ENVIRONMENTAL MANAGEMENT

ADMINISTRATION OF THE WATER RESOURCE IN THE VALLEY OF THE CAUCA.

SERIES LEAVES Not. 4 2

Cecilia Rodriguez SabineMARKERT Ministra Director Department of Environment, Dwelling GTZ and Territorial Development Colombia

Juan PABLO BONILLA ELMARRÖEMPCZYK Vice minister main AdvisorGTZ Department of Environment, Dwelling Project we Are SINA and Territorial Development GTZ

Patrician soul Village V Researcher of field CVC Ma. Clemency Sandoval G Coordinating of investigation CVC Alberto Riascos A Professional Specialized CVC

Editorial committee Ma. Clemency Sandoval G. CVC Olga Sofía Díaz Consulting GTZ Are SINA Consolation Ordóñez Consulting GTZ We are SINA Marine light Corner ConsultingGTZ we Are SINA

Team Project we Are SINA - GTZ Marine light Corner/ Simona BlacksmithMMA/MAVDT project directors Elmar RömpczykDirector projectGTZ Consolation Ordóñez of RincónConsulting Claudia Capera LaytonConsulting Martha Lía Velásquez ToroConsulting Olga Sofía Díaz GonzálezConsulting Olga of the Pillar VázquezIt assesses Teresa MurciaAdministrative assistant Araceli CerqueraLogistic support Light Mary MogollónLogistic support

Edition of texts, design and diagramación

Illustrations HairánSÁNCHEZ

Bogota, March of 2003 3

CONTAINED

PRESENTACION

INTRODUCCION

OBJECTIVE AND STRUCTURE FOR THE ADMINISTRATION OF THE WATER RESOURCE IN THE CVC

LESSONS LEARNED FOR THE SINA

THE PROCESS

THE ACTORS AND ITS ROLE IN THE ADMINISTRATION OF THE RESOURCE

STRATEGIES FOR THE ADMINISTRATION OF THE WATER RESOURCE

INSTRUMENTS OF ACTION FOR THE ADMINISTRATION OF THE RESOURCE

RESOURCES

RESULTS AND IMPACTS

DIFFICULTIES AND CHALLENGES

I ENCLOSE 1: Procedure for the regulation of the distribution of the water resource 4

Presentation

The Project we Are SINA is part of the Agreement among the Colombian government and the German government for the strengthening of the environmental management in Colombia. The responsible for the project are the Department of the Environment of Colombia (MMA) and the German Agency of Cooperation to the Development (GTZ).

The Environmental National System – SINA – was conceived by means of the Law 99 of 1993, through which was created also the Department of the Environment and was transformed in a radical way the institutional structure of the management and of the environmental authority in Colombia. The Law defines to the SINA as the “the assembly of orientation, norms, activities, resources, programs and institutions that permit it set in motion of the environmental general principles”.

Before this legal fund, the project we Are SINA contributes to the sustainable development in Colombia through the environmental management processes reinforcement. It seeks to generate and visibilizar experiences in which, the human welfare, the economic development and the social weave fort go at par with the sustainable management of the natural resources and of the environmental environment. Since the perspective of we Are SINA the theme “environmental” is not an end in itself same. It is a door of privileged entrance to the integral conception of the sustainable development, that includes besides the environmental dimension, the politics, the social one, the cultural one and the economic one. Because of it, the project aims at a greater recognition of the local thing and of the regional thing, to a real decentralization, to the participation citizen increasingly qualified, to the development of the democracy and to a greatersocial equity.

We are SINA It has sought to expand the social base of the environmental management, of such way that the actions of the project they are prioritized and arranged with the regional actors from their interests and demands. Thus, the processes generated are perceived and assumed like collective responsibility and involve the commitment of the actors. Besides has favored themselves the retroalimentación among the regional and national institutions and the horizontal cooperation among the regions

The areas of work of the project were identifying through a process of consultation in which they participated diverse union, institutional actors and of the civil company organized, including experts recognized in the environmental theme in the country. They were selected likepriority areas for We are SINA the environmental planning, the communication , the systematization and the visibilización of advanced significant experiences in different regions of the country.

As part of this finalizes area is presented aqui the experience of the CVC on the Administration of the I Recuperate Water (superficial) in the Valley of the Cauca of strategic importance for the country and the regions, therefore reseña the procedimentos technical, the instruments of management and the elements of social participation by means of which the corporation attends the distribution of the water, with criterion of integralidad and based on theInformation hidroclimatológica. This systematization is fundamental backup to support two types of activities: i) by means of actions of horizontal cooperation can be retorted in different regions of the country to achieve one more efficient administration of the water resource among many regional authorities that lack the necessary technical elements to achieve an efficient administration of the resource ii) the estandarización of the procedure to traves of the new regulatory nature of the water thatThe Department.

In order to promoting and to expand the results of these processes, the project prompts and promotes the formation of alliances and synergies to advance in the institutionalization of foci, methods and 5 tools, and thus, to give him continuity and sustainability to the environmental management in the country.

To finish we express our gratitude and recognition to the water resources work team of the CVC and particularly to María Clemency Sandoval and Patrician Soul Village by its contribute in the systematization of the process that today permits to put available to the strengthening of the Environmental National System this important material.

Dr. Juan Pablo Bonilla Arboleda Dr. Elmar Römpczyk Vice minister Main Advisor Department of Environment, Dwelling and Project we Are SINA GTZ Development Territorial

Dr. Alejandro of File Bohmer

Director Regional Autonomous corporation of the Valley of the Cauca CVC 6

INTRODUCTION

The project we Are SINA, through the analysis of significant experiences of regional environmental management, has achieved Sistematizar processes in motion of the Environmental National System, on behalf of the sustainable development and of the maintenance of the natural patrimony, where already has advanced in methodologies, procedures, normative developments, administrative arrangements, intervention of diverse actors, technical tools, that have done possible a level of important effectiveness.

Inthe experiences of management analyzed, the leadership in the action has been in charge of the regional environmental authorities, but is evident the importance of the participation of other actors of the system, the integration between some and other and the summary of elements and actions that have interacted from which this project has come sistematizando the process for “to carry to scale” the experience and to support its incorporation inInstitutions and regions, where can be useful to level the capacity of management of the system.

The project centered its look in present processes of environmental management that interest in the measure in which do visible the construction of the SINA in experiences with actors, relations and concrete territories. For the selection of the experiences to be sistematizadas advanced an inventory whose result they were near 70 cases of environmental management of the national and regional level, recognized by the different actors of the SINA as significant, that is to say capable to leave prominent lessons learned for the development of the system.

From the elaboration of criteria, the Executive Counsel of the project selected nine significant experiences,that work different areas of the environmental management, Advanced in different regions of the country and headed by the corresponding regional authorities.

To carry out the work, interinstitutional covenants were established with each one of the Corporations as companies leaders of the regional environmental management, with the commitment to carry out, under the terms of reference of the project, the systematization of their experience. Each covenant compromised, for this effect, resources of the Department of the Environment originating from the credit BID (component of Institutional Strengthening) and own resources of each corporation, as compensation, for the systematization. In turn, the GTZ contributed the resources for the coordination of the studies, as well as for the training of the corporations in the cases analysis methodology and the respective monitoring.

An important step of the process was the conformación of teams of work in the regions, comprising an official in charge of each CAR and an investigator hired for this effect. For the disclosure of the first results of the systematization in the Environmental National Congress (Bogota, April 2002) the team was expanded to a (to) communicator (to) social originating from the same CAR. The regional teams received in a nearby way the accompaniment and 7 advising of the team of work of we Are SINA dedicated with exclusiveness to this process. Additionally, the component of communications was assessed professionally since the project. The accompaniments were reinforced in an important way by the direction of the project since the MMA. The media utilized were the direct encounter in specific meetings by case and in general shops and by telephone and electronic way.

One of the processes evaluated by we Are SINA is the experience of the Regional Autonomous Corporation of the Valley of the Cauca –CVC- for the administration of the superficial water resource. This case, sample concrete results of organization and efficiency, of great importance for the Environmental National System, every time that to achieve an adequate distribution and rational use of the water, is one of the central elements for the achievement of the objectives of the sustainable development.

Colombia possesses one of the sweet but large reserves of water of the world. It occupies the fourth place in water wealth, despues of Russia, Canada and Brazil. Nevertheless, it is sifted on her a great threat, whose causes but outstanding are the deforestación, the contamination and evil use. Additionally, the territorial distribution of the resource is not proportional to its demand, which signifies that the Andean zone, where writes down the majority of the population with growing demand of drinkable water, presents already problems of desabastecimiento.

By the previous thing, the work carried out by the CVC offers a strategic importance for the country, upon generating a procedimento technical and a component of social participation to attend the theme of the distribution of the water, with criterion of integralidad, this is, planned and handled since the conception of the Hydrographic Basin, and based on the management of the information hidroclimatológica, that bears and gives technical viability to anyDistribution of the resource. Such procedimentos and methodology, are not common in the country, where a great diversity of forms exists to attack the theme of the distribution of the water, and where many regional authorities lack the necessary technical elements for an adequate administration of the resource.

In fact, the lack of information and of a procedure ONLY normatizado and applied in all the country for the administration of natural resources, is a great weakness of the Environmental National System. What the CVC has achieved, induces to the need of estandarizar the procedure to traves of the new regulatory nature of the water that expects to be sent off soon, and that should include these successful experiences of environmental management that with its corresponding adjustments, can be applied in other regions of the country.

The document contains a brief one reseña on the objective and structure created for the administration of the resource in the CVC, the lessons learned for the SINA, the description of the process, the strategy developed by the Corporation for the good use and distribution of the water, the actors involved, the difficulties and challenges, as well as the results and more important impacts of the process. It concludes with a presentation of the instruments applied for the administration of the resource today in the jurisdiction of the environmental authority of the Valley of the Cauca.

As document is directed - together with other materials of disclosure of the CVC and of the project - to the different actors of the SINA to contribute by means of its consultation, 8 analysis and information to the improvement of the environmental management of the water resource andin general to the strengthening of the Environmental National System. OBJECTIVE AND STRUCTURE IN THE ADMINISTRATION OF THE WATER RESOURCE IN THE CVC

The fundamental objective of the water resources administration program in the basin of the River Cauca is to perform a fair distribution of the available volumes among the different uses and users, of a practical and rational form. Besides, it is proposed to create conscience among the users about the value of the water resource and to prompt the construction of an infrastructure of efficient distribution.

For this purpose and until 1994, the zone of jurisdiction of the CVC was divided into five sectional: Cauca, Cali, Buga, Cartago and the Geographical Valley Management Unit. The administration of the water resource depended on the assistant Directorship of Natural Resources through the Divisions of Water and of Basins, that they unfolded a management of operating character and of the responsible, Technical assistant Directorship for the planning of the resource.

The Division of Water handled five themes: i) Administration of Water ii) Subterranean Water iii) Control of Contamination iv) Smaller Works v) Operation and Maintenance of Works. The Water Administration Section, at the same time, administered six offices of water in Popayán, Port Roof, Cali, Palmira, Tulúa and Cartago, besides the Currents Regulation Program and the Materials Extraction Program to Drag.

The Division of Basins, had divided the mountainous zone in 25Basin Management Units- UMC-. Aside from these, the flat zone or Geographical Valley, delimited to the elevation 1.100 of the left margins and right of the river Cauca was handled administratively as the Geographical Valley Management Unit.

From 1994 the jurisdiction is modified and the purpose of the CVC. It is oriented exclusively to the environmental management, consequently, sAnd it separates of the CVC the electric sector, for whose management the Business of Energy is created of the Pacific –EPSA-, and it is assigned to the Corporation as jurisdiction the area pertaining to the totality of the department of the Valley of the Cauca.

The new administrative structure divided the jurisdiction in five regional, that assumed with greater autonomy and of way decentralized the operating management of the natural resources: North, Central, Peaceful, Suroccidente, Suroriente. From the creation of the regional these they passed to depend on the General Director of the Corporation and to handle their own budget.

B Administrative concept adopted by the CVC to facilitate the administration of the renewable natural resources, which involves to subdivide its area of jurisdiction in sectors: 18 UMC located in the Department of the Valley and 7 in the Department of the Cauca. Each UMC conforms for an or several basins, an or several subcuencas and from time to time by a subcuenca. * The data corresponds to the sector: Cane more sugar. Source Asocaña. 9

For the administration of hydrographic basins the concept of totality was introduced, so that the UMC that before limited with the Unit of management of the geographical Valley by theelevation of 1100 msnm, from 1994 include inside the UMC the part pertaining to the geographical valley in each one, integrating in a single unit the area that causes the main drainage since their birthTo the river Cauca. They were established thus 21 UMC in the jurisdiction1 And it was eliminated the fragmentación in the management of basins. Thus, the Geographical Valley Management Unit was integrated to the UMC.

In the control and caution of the basins disappeared the specificity of functions by natural resource, falling now in head of a single official the control and caution of all the natural resources. This, in concept of officials of the company, carried to a loss of presence of the Corporation in the zone of jurisdiction and of control on the natural resources. The planning of the resource water remained in the assistant Directorship of Environmental Management under the responsibility of the Group of Water Resources with support of the offices ofEnvironmental Monitoring, Subterranean Water and Environmental Quality.

EL RIO CAUCA La cuenca del río Cauca, se encuentra comprendida entre las cordilleras Central y Occidental. El régimen de caudales que presenta este sistema hidrográfico, está fuertemente ligado al régimen de distribución de la precipitación, que es bimodal, con dos trimestres secos de diciembre a febrero y junio a agosto, y dos períodos lluviosos de marzo a mayo y septiembre a noviembre.

El río Cauca cuenta con un aporte medio multianual de los ríos tributarios por la margen derecha de 167.8 m3/s y 74.13 m3/s por la margen izquierda; el caudal promedio anual disponible luego de la desembocadura del río Cañaveral en el norte del Departamento es de 436.9 m3/s, resultado del aporte de los tributarios y del caudal proveniente de la cuenca alta del río Cauca al ingresar al Valle del Cauca (195 m3/s).

En el departamento, la cuenca del Cauca tiene un área aproximada de 1’065.640 has, de las cuales 347.491 has. corresponden a su Valle Geográfico. El río Cauca atraviesa el departamento de sur a norte, pasando por 25 municipios, para finalmente verter sus aguas al río Magdalena. Se constituye en la fuente hídrica superficial más importante del departamento, pues es la solución de abastecimiento de agua para estos municipios de alta densidad poblacional y con una economía basada en la agricultura.

El río cuenta en el departamento con 33 afluentes directos (ríos y quebradas), alimentados a su vez por numerosas corrientes de agua:16 por la margen derecha y 19 por la margen izquierda. La oferta promedio anual de agua superficial es variable: el 39% de las subcuencas de los ríos producen caudales entre 0.1 y 1.0 m3/s, el 17% entre 1.0 y 2.0 m3/s, un 18% entre 2.0 y 4.0 m3/s, 22% entre 4.0 y 20 m3/s y un 4% más de 20 m3/s.

1 They were excluded the UMC that belonged to the Department of the Cauca and they were included the UMC of the regional one Pacific. The concept of totality carried to redefine some UMC. o They operate the network that registers climatic and hydrologic data. 10

LESSONS LEARNED FOR THE SINA.

From the analysis of the experience of the Program of Administration of the Water Resources in the Valley of the Cauca, on the part of CVC they have itself identifying some lessons learned of utility for regions and companies interested in the management of the natural resources in general and of the water particularly. These lessons do so much referenceto the criteria utilized set against the management of the resource, as to the creation and use of some technical instruments and to the strategy ofparticipation ofdifferent actors in the process.

Lessons in relation to the criteria for the management of the water resource, under the responsibility of the corporations:

 The basin and its code as unit and criterion of management for the administration of the water resource in the department:

Though the use of the basin as unit of management has been present along the Program of Administration of the water resources of the CVC, diverse circumstances carried it along their history to fragment the management of the basins for the administration of the water.

Nevertheless, the real dynamics of deterioration of the zones of protection and births of water in the region by the enlargement of the agricultural border and the diverse conflicts generated among flat and high zones of the department, as well as the need of their ordering around the use and sustainable management of the natural resources and the application of the Water Resources Information system, they carried toApplying the concept of totality to the basin. This, in practice, represented to integrate the Unit of Management of the Geographical Valley, that corresponds to the flat zone of the department to the elevation 1.100 of msnm, that had a special management, to the Basins Management Units -UMC- of the CVC.

This gave rise to an integration and coordination of interests for the management of the water among the flat zone and the high zone of the basin, that himself express in the constitution of the associations of users of the water. Likewise, it induced a management and integral focus of the resource that seeks to be expressed and materialized through the construction of the Model of integral management of the water resource and the respective plan for the administration of the resource.

In this manner, “will be defined and will consolidate the application of a model of aprovechamiento sustainable, to optimize the distribution of the water resource in the area of influence of a current; with a vision of integralidad of the economic, social, and technical aspects, giving empoderamiento to the civil company, with the vision of improving the quality of life. The analysis part of the present legal framework, of the specific conditions of the region, the problematic existing one, and the environment that intervenes in her. Besides, it collects the experience of the CVC in the administration of the water resource”.

r CVC Project we Are Sina, Final Report. It programs of Administration of Superficial Water in the department of the valley of the Cauca, Basin of the Cauca. Cali, May of 2002. 11

Lessons relating to creation of technical instruments

 Creation of the System of Information of the Water Resource – SIRH: Another element of strategic importance in the administration of the water resource that teaches the experience of the CVC is the development of the process of obtaining and systematization of information for the management and administration of the water. In the CVC, the System arose of the assistant Directorship of Environmental Management, for the purpose of processing in opportune, agile, and dependable form the information on the state of the resource water in the Department of the Valley of the Cauca and sistematizar the processes of the Corporation related to this resource and since there establish a real platform for it takes of decisions and the sustainability in the administration

Splits important of this system are among others the network hidroclimática, the model one HBV, and the information organization systems, all they basic backup of the process of the regulation of currents and fundamental matter as intake in the process of territorial code of the municipalities.

The difficulties and weaknesses of the Environmental National System to define, to feed and estandarizar a system of national environmental information that provide basic information at the regional level, does of the System of Information of the Water resource of the CVC, an instrument to to be adapted and carried to scale to other regions for its application in favor of an administration of the water resource reported.

For it it is required to establish a supported information exchange parameters minimum by known standards. But likewise important it is the definition of a politics, to national level (Department of Environment and IDEAM) supported by the directors of the CAR, on distribution, management of information and to do viable financing the consolidation of systems and nodos institutional with information.

 The regulation of currents.

The regulation of the use of the water is And l procedure by means of which is distributed its aprovechamiento, keeping in mind the characteristic biophysics, social and economic of its zone of influence, besides the present conditions and future of the offering and management of the water. With her it is sought to obtain the best distribution, safeguards its continuance, so much in the quantity as in the appropriate quality, to satisfy the different uses that on him be demanded.

The regulation of a current implies the water concessions granting for who are benefited of the water of current happiness. The concession is one of the forms to acquire, in an individual way, the right to the use of the water. To offer the concession is established an order of priority according to the use predicted and a duration is defined.

The difference among the two administrative acts situates in which the regulation of currents is the code of the distribution of the water,while the concession is the right that the state offersto an individual to make use of them.

The known experience indicates us that this is a good strategy of organization for an efficient administration of the water and a technical-legal procedure of successive application offers us that is presented in the I Enclose Not. ¿? of this document. 12

Lessons in relation to the participation of different actors, the lessons are the following:

. Creation and users associations organization of the water as alternative of joint work among the private sector and the community and among the zone of the valley and the zone of slope:

The alliance among the public sector, the private sector and the community, around a single objective and “environmental commitment”, has permitted to arrange interests for the conservation and management of the water in favor of results that benefit the development of the regional economy and therefore to all the sectors involved. Of another part, has permitted to incorporate criteria of environmental equity in the administration of the resource and has generated confidence and commitment of the users.

In effect the creation of the Associations has contributed to guarantee the confidence among the persons, to establish networks of commitment, to create a greater sense of the public thing on the part of the users and the citizenship and to generate credibility and confidence in the environmental authority of regional level. In this sense the support, advising, stimulus and Accompaniment, on the part of ASOCAÑA, CORPOCUENCAS and CVC in the process of creation and operation of the s Associations,have been fundamental.

The Associations of Users comply also the function of monitoring and veeduría citizen to the projects and resources that handles the Corporation.

THE PROCESS

The continued phases by CVC in the process of the administration of the water are the following:

A first phase understands the period 1954 – 1968. It is initiated with the creation of the CVC (1954) and its constitution as the company that administers the natural resources and contributes for the development of the region, to the promulgation of the decrees 2420 and 3120 of 1968 by means of which the Department of Agriculture delivers the management of the resource water to theCVC.

The prominent aspects during this phase are the promotion of the agricultural and hydroelectric sectors in the high basin of the river Cauca with the project of recovery of 6.500 hectares in Aguablanca, to the suroriente of Cali, the construction of the Hydroelectric head Office of Anchicayá, the designs of Calima I. The infrastructure works construction for the aprovechamiento of the water and the adaptation of lands through projects as the district RUT (Roldanillo, The Union, Bull), that they protected 13 thousand hectares for benefit of the inhabitants of the zone. With them beginning to the construction of a new culture of the water in the region is given.

The second phase goes since 1969, when the CVC is constituted in the authority for the Administration of the Water Resource and is prolonged until 1993 when the Law is promulgated 99, that creates to the Department of the Environment, organizes the SINA and orders the restructuring of the public sector responsible for the management and conservation of the environment and the renewable natural resources.

Though the first actions for the regulation, adaptation and rational use of the water is initiated with the creation of the CVC, the administration exactly of the resource is assumed for the Corporation in 1969, when the Department of Agriculture delivers it the management of the water. At that time, the jurisdiction of the CVC understood the high basin of the river Cauca since The Tambo to The Virginia and the high basins of the rivers Anchicayá, Calima and Dagua.

Likewise, a more adequate management of the natural resources is initiated, since the basin is presented as generating system of the water and develop the first actions for the alternatives seeking basins code and plans to improve its efficient use and that of the Natural Resources. These actions, that counted on the support of regional organizations as ASOCAÑA and CENICAÑA. They contributed to the progress of the region and they served as central of demonstration and training for the country.

As significant milestones in this phase is the promulgation of the Code ofnatural Resources and the Regulation of theContinental Water Which they conduct to the conception of an integral management of the water resource.

C The Decree indicated that it will comply the functions attributed to the Institute of Development of the Renewable Natural Resources, INDERENA, in the territories that constitute the hydrographic valley of the High one Cauca, understood to the South of the River The old woman, and the hydrographic valleys of the High one Anchicayá, the High one Dagua and the High one Calina, according to the geographical decision that be done in the regulation. n Decree Law 2811 of 1974. t Regulation decree 1541 of 1978. 14

During this phase the prominent aspects are: the regulation of currents and concessions, the maintenance of river bed, the collection of rates by use of the water and the conformación of the Associations of Users of the Water. These processes go creating a conscience in the user about the need to rationalize the use of the resource, contribute to reduce the conflicts by use of the water, by means of processes of coordination for their use and management, and improve the efficiency of delivery of the resource.

The third phase, elapses since 1994 - up to now. It is initiated with the law enforcement 99 of 1993 that erects to the CVC as environmental authority and restructures it, excluding of their functions the electric sector and integrating the management and exploitation of the natural resources and of the environment with the activities of development that affect them.

The restructuring introduces in the management of the Corporation it related to the environmental code of the territory, the participation of all the actors and the coordination spaces creation in the framework of the SINA. Likewise, it modifies the corporate organization, that, in concept of some institutional actors, carries to a weakening in the structure for administration of water in favor of a focus that privilegia the sustainable and integral management of the natural resources and the environment.

THE ACTORS AND ITS ROLE IN THE ADMINISTRATION OF THE WATER RESOURCE IN CVC

The participation of the actors and the dynamics of this in the environmental management and in the administration of the water resource should be analyzed in two different moments separated by the promulgation of the Constitution of 1991 and by the expedition of the Law 99 of 1993. The first one consecrates the management decentralized, democratic and participativo of the environmental management of the country. The second creates the Department of the Environment, organizes the Environmental National System SINA and defines an assembly of to do operating mechanisms the environmental participation.

Under this óptica a first comparative analysis on the dynamics is done and actors involved in the process of administration of the water resource of the CVC:

Participating actors before the Constitution 1991- Law 99 of 1993 Role performed/ interests

CVC Environmental Leadership in the direction, coordination and execution of the program Executive counsel Formulation and approval of the politics and plans of the Corporation Control and administrative caution and of the public investment 15

Electric sector Coordinating and electric generation projects executor/ Availability of water for the sector of electric generation National guilds and epresenta of the epresenta: Aocaña, Cenicaña Producing/ Availability of water for sector agroindustrial Representation of Users of the Water Management of basins/ Availability and rational of water for use agricultural and among low and high zone of the basin Responsible for service of acueducto/ Availability of water for human consumption Corpocuenca Cofinanciación of actions and projects of recoveryof hydrographic basins and environment/ Representation of common, private, and public interests in use and rational management of the water in the Valley of the Cauca. National level Department of Agriculture / INDERENA Features and environmental politics and of water Feature and politics of Drinkable

Coordination of the information and investigation

The previous picture of actors and interests involved in the administration of the water resources of the Valley of the Cauca denotes an intricate network of relations and interests that is established around the program where interact actors of local, regional, and national level. It contrasts with scarce spaces and mechanisms of available coordination to define priorities and to evaluate results. In fact, the most important spaces of participation are:

The Executive Counsel of the Corporation, that has representation of all the sectors and expresses their priorities and decisions through the agreements of the Counsel and of instruments as the Environmental Regional Plan (to 10 years), and the Plans of Regional Action (to 3 years).

The Meetings and Assemblies of The Associations of Users of the water that receives basically to the guilds agroindustriales, to Corpocuenca, to the producers of slope and to the rural communities.

In this framework of relations some decisions that have generated significant events for the orientation of the administration of the water in the department are appreciated in the following Diagram ofDecisions. o The Diagram of Decisions gives account of the temporary dimension, of the transformations in the relations and in the thematic one that structure the case. Likewise it seeks to specify the factors that have impacted in the orientation and directions that has taken the process and the subsequent results. Draws a horizontal temporary axis. 16

In fact, during the Superficial Water Administration process in the Valley of the Cauca are identified an assembly of decisions that generated events and significant results. The Diagram of Decisions that is presented subsequently permits to see in detail some of the main decisions and the type of influence -internal or external- that each one of them had.

For example the “regulation of currents” was fed of external and internal decisions to the CVC. The external they tried with its decisions to contribute legal elements for the regulation of the water and to contribute to mitigate the conflicts of water among different economic sectors of the region (consumers, generators of electric energy, farm producers), while since the internal environment of the CVC was sought to induce measures that guaranteed or to favor of some way the investments and interests of the sectors of the sugar production by the wayOf the modernization of cultivations.

Of another part, the creation and operation of the Associations of Users of the water was seen favored so much by external as internal decisions to the Corporation. Since outside the establishment of a national cousin for the export of sugar offered to certain advantages to the region to support the creation of the Associations and since the internal statute, the sugar guilds were interested increasingly in supporting a mechanism of coordination for the conservation and the use of the water, among the high zone and the plan, that I carry them to prompt in a determined wayConstitution of the Associations. Besides that this support permitted to be positioned as charitable social and environmental set against the producers and peasants of the slope.

These examples, very well illustrated in the Diagram of Decisions leave to see with clarity as the decisions and the events that these generate are recorded in an assembly of interests that formally appear neutros, but that in the fund seek to prompt measures that protect concrete regional interests, in this case the sugar production. Fortunately, the mechanism of the Associations of users involves the participation of all the sectors what introduces an element of equity in the administration and management of the water resource of the department.

We situate in chronologic order the significant events that constitute the route whose final product is the result that is going to analyze itself. From this identification the decisions are enunciated that gave them place. On the upper side of this axis we locate the decisions that were hardly influenced since the outside assigning them an unequal number (D1, D3)....In the lower part is situated with even number, the decisions that were hardly influenced by us. It adapted of the Instrument “Biography of Processes”; Tools for Monitoring of Processes - AMREN – GTZ and taken of the Guide metodológica for Studies of case. Project we Are Sina. Cap. III. 17

Decisions hardly They influenced by the outside

D-01 D-05 Prima del D-07 Legislación gobierno nacional Reestructuración por exportación de sector Ambiental azúcar Today

D-03 Mitigar D-09 Mejorar conflicto uso calidad de vida agua

tiempo Creation and Plan de Implementation Gestión Current Users Law 99 regulation of and collection of Associations Integral del Water rate by use of the operation. Recurso water Hídrico

D21 D-06 Proteger y Tecnificació n de cultivos conservar la parte alta abastecedora de las fuentes hídricas. D-02 private Investment of the D-08 sugar sector common Participation D-04 to be Positioned as charitable social.

Decisions hardly They influenced from CVC

STRATEGIES FOR THE ADMINISTRATION OF THE RESOURCE HIDRICO

In the process applied by the CVC for the administration of the water resource two fundamental strategies are identified: i) to adopt the hydrographic basin as unit of management and to orient all its actions from the code and regulation of the same one. ii) to Involve the different social actors in the management and preservation of the sources. 18

The decision to adopt the basin as unit of management and its code conducted to design and to develop a network of information on the offering and demand of water and a rigorous legal and technical procedure, to guarantee its adequate distribution.

The procedure is initiated from the request of the user to obtain the right to use the water,the that is contrasted with the hydrologic information of the basin or microcuenca. Based on the demand and the data supplied by the stations hidrometereológicas applied to the model one HBV for simulation of volumes and hydrologic forecast, a proposal of distribution in the basin is obtained, that is submitted to consultation with the users through publications of press, correspondence, visits and surveys to the grounds. Then the regulation of the current is sent off and the awarding of concessions is done. This requires at the same time the hydraulics works construction that guarantee the derivation of the volume offered to each user.

Based on the abundant one concesionado and according to the use predicted, the CVC charges the dealers the rate by utilization of water, whose destination permits to vote the expenses of administration and some works or actions of conservation 2.

It regulated the current, the verification of the works and its adequate management corresponds the technicians of natural resources, which are found organized in UMC (basin management units) and are who establish the direct contact with the user, promoting the conservation and the good use of the resource.

Opening the participation to the different social actors for the care and preservation of the source, by means of the creation of the Associations of Users of the Water was supported in the agrarian producers associations organization of the region, interested in the concept of To preserve the resource water and to watch the most adequate distribution of the same one according to the priorities of consumption of the different sectors: human consumption, irrigation and use for electric energy. With this figure I believe itself a new culture of teamwork relating to the water.

The Associations of Users of the Water arise then toward the middle of the eighties as a strategy of participation and organization set against the management of the water resource in the Valley of the Cauca. For its strengthening a common front of work by the resource was established among the CVC (public sector), ASOCAÑA (private sector) and CORPOCUENCAS (mixed sector) with participation of the community.

The first Association of Users was created in 1987 ASOGUABAS. Subsequently ASODES (1989), ASURNIMA (1992), ASOAMAIME (1995), ASOFRAYLE (1996). To the date 14 associations organized exist. Their more important function is that of working for the basin of which supply himself, to watch that the CVC carry out the projects negotiated as for: quantity of water, maintenance of channels, shifts of irrigation, works of distribution, supply of the water assigned, and discounts by payment. Also exercise a leadership set against the management of the resource water in the jurisdiction of the CVC.

2 Previously, the CVC advanced good part of the works of control and management of river bed, contributing an infrastructure for the adequate utilization of the resource. Now the new legal code offers it functions but regulatory, for which its to drive has concentrated on the management and administration of the resource. 19

Objectives of the Water Users Associations or river bed . Organizing to the users that take advantage of an or several current or bodies of water or that exploit a river bed or sector of him. . Assuring through thecommunity organization the effectiveness of concessions and of the permission of aprovechamiento of water or river bed in relation to priorities. . Watching so that the distribution of the water satisfy proportionally the needs of the users. . Representing the interests of the community of users of the water and river bed in the administrative procedures of ordering of hydrographic basins and regulation of currents. . Watching for the adequate maintenance and conservation of the works of collecting, conduction, distribution and drainage, as well as the works of defense.

Before the cover loss problems of the births of water and of the basins protection zones and microcuencas by the enlargement of the agricultural border and the sobreexplotación of the forest resources conflicts of water have been generated, but at the same time a felt need of the users that utilize the water in the flat zoneto guarantee the protection of the sources. This has guaranteed,From 1994,the integration and association among the users of water of the Valley and of the zone of slope of the department, process that has been possible also, thanks to the criterion of totality of the basin that applies now the Corporation for its code and management.

THE VALLEY OF THE CAUCA The Department of the Valley of the Cauca is located to the south-West of the country forming part of the Peaceful and Andean regions. Has an area of 2'067.766 you have. Is conformed by two hydrographic systems: that of the basin of the river Cauca and the basin of the Pacific.

It is inhabited by native, racially mixed groups and afro Colombian. In 1998 the population of the Department was reckoned in 4'045.688 inhabitants, of which the 85% concentrates on the heads of its 42 municipalities and the 74% in Cali and in the five most important intermediate cities: Palmira, Buga, Tulúa , Cartago and Buenaventura.

The Valley of the Cauca is one of the most important departments of Colombia by its economic potential , in the sugar, paper industry, textilera, of food , rubber, cement, and other activities. The farm sector is seen favored by the conditions of relief and climate of the zone and is emphasized notably by the cultivation of the cane of sugar and cotton, in the zone of the valley and fríjol and coffee in the area of slope. The sector agroindustrial of greater importance in relation to the Administration of Superficial Water is the sugar one. In the Department are found 11 of the 13 existing ingenuities , which in 1995 they contributed the 8% to the GDP of the Department, in 1996 they occupied the 33.8% of the area cultivated in the Department and they generated in 1997 around 28.700 direct jobs and some 200.000 indirect jobs* 20

ORGANIZATIONS THAT WORK FOR THE WATER RESOURCE Department of the Valley of the Cauca 2002

Water users associations

Other organizations

BASIN OF THE RIO CAUCA 21

INSTRUMENTS OF ACCION FOR THE ADMINISTRATION OF THE RESOURCE

The instruments positions in motion by the CVC, for the adequate management of the water, that contain at the same time various legal, technical elements and of participation, are the following:

1. Regulation of Currents:

The regulation of currents and concessions is the legal and technical process that has permitted to order the use, management and conservation of the water in the Valley of the Cauca, by means of individual assignments for natural or legal persons, or through general regulations of currents, in the case of there to be various users in the area of influence of a current.

Currently there is a total of 8793 concessions or assignments of water: 4066 offered by regulation resolution and 4727 by individual resolution.

To determine the water offering, have applied the following technical instruments:

1.1. The Hydrologic Model Rain – Escorrentía HBV: Swedish model created in the year 1970 for the simulation of volumes and hydrologic forecast.

The Model one HBV has been calibrated for the high basin of the river Cauca, understood since the Reservoir of Salvajina in the Department of the Cauca to the municipality of Cartago in the Department of the Valley of the Cauca.

Some objectives of the Model  Optimizing the operation of the Reservoir of Salvajina. The Model performs the I foretell of volumes to short, medium and long time limit, upstream of the Reservoir of Salvajina.  Devising hydrologic studies detailed. The Model generates daily series of volume in subcuencas of interest and in any point on the tributaries of the river Cauca, in the jurisdiction of the Corporation.  Evaluating and to optimize the network hidroclimatológica existing. The Model permits to utilize the information in real time of the automatic stations and the total of the available data for the remainder of the stations, measuring the sensibility of each one in the results obtained in a subcuenca specific.  Controlling the quality of the information of haste and abundant. The model is versatile in the management of the information, the base of data includes the daily registrations of haste and abundant, which can be analyzed easily. Besides, it permits to detect weaknesses, facilitating the depuración of the information.

1.2. The Network of Environmental Monitoring: The CVC counts at present with a network of measurement hidroclimatológica, to produce basic data that generate the information on the behavior of each climatic element in the region: haste, rains, temperatures, 22

evaporation, solar shine, and winds. Also to supply the opportune information to the network of warnings for the prevention of natural disasters of origin hidroclimatológico.

This conformed by 328stations They located in the zone understood among the birth of the river Cauca in the Department of the Cauca and the Municipality of Cartago in the north of the Department of the Valley of the Cauca, of which 23 are climatológicas, 156 pluviométricas, 26 pluviográficas, 112 hidrométricas, 11 evaporimétricas.

1.3. The System of Information of the Water Resource – SIRH: The idea to implement the SIRH was born in 1994, for the purpose of sistematizar the processes of the Corporation related to the water resource, to process in opportune, agile, and dependable form the information on the state of the resource water in the Department of the Valley of the Cauca.

The applications that are handled in the SIRH offer information on:  Administration of the information of the water resource: Name of the ground, information of the owner, basin, UMC, municipality, area, etc.  It demands of water: data of the demand for agricultural, human, environmental and industrial use in the area of influence of a current.  Balance: cuantificación among them yourself and the exits of a river, leaving from an available volume of distribution entered by the user.  Distribution: calculation of the demand of water by agricultural use for a zone of specific irrigation. It recommends an assignment of water by ground, according to the use of the floor, area and abundant offered in the application of the balance.

On the legal base content in the Code of Natural Resources and in the Regulation Decree 1541/78, advance the different steps in the elaboration of a regulation; which go accompanied, as in administrative every act, of the procedures that indicates the Administrative Quarrelsome Code.

According to it indicated by the article 107 of the decree 1541/78, competes to the then National Institute of the Renewable Natural Resources and of the Environment - INDERENA and today to the Regional Autonomous Corporations, to regulate when reckon it convenient, of position or at the request of part, the aprovechamiento of any current or deposit of public water, as well as the derivations that benefit various grounds. In this sense, the instruction continues with the indication on the need to advance...“a preliminary study in order to determining the convenience of the regulation, keeping in mind the present distribution, the needs of the grounds That they utilize them and those of those that they can take advantage of”.

The previous instruction, more than as a convenience inside the planning of the water resource oriented toward the sustainable development, should be understood like the need to prioritize the regulation of the different currents of the territory of jurisdiction, keeping in mind the needs of the dealers or existing users in its zone of influence, the socioeconomic aspects of the same, the environmental and economic politics of the state. They defined this, should be proceeded to the elaboration of the resolution that order to advance happiness regulation, providence that should bring to light to them interested by means of thepublication of the notices with ten days of anticipation to the practice of the ocular visit, thus:

3 Of this total there are some stations that do not operate currently, but that count on historic registrations of information. 23

. The copy of the providence that indicate the jurisdiction of the place where the ocular visits should be carried out and the regulation be ordered will notice a public place of the office of the competent company3 And in the city hall or inspection of police of the place. . Publication of a notice for two consecutive times in the newspaper of greater circulation of the region, on the place and date of the diligence; if facilities in the zone exist will be published this notice through the radio station of the place.

Polite the previous step on the publications, advance all the activities related to the ocular visit and the studies of regulation, based on which will devise the project of distribution of the water. This project should be communicated to them interested by means of notice that will be published for two times with an interval of ten days between one and another, in two of the newspapers of greater circulation in the department or corresponding municipality, in order to that they can present the objections that consider pertinent, inside the twenty following days to the publication of the last notice. They Said notice can be diffused for two times through the radio station of the place, with the same interval indicated for the publications.

Subsequently, it conquered the time limit for the objections, the practice of the necessary diligence comes to attend the ones that be pertinent, with the corresponding modification of the project of distribution, if is of the case.

They carried out the adjustments or modifications to the project, proceeds to devise the providence of regulation. This act should indicate the resources that proceed against him, the authority before should be interposed, and the time limit to do it; and should be notified personally to them interested according to what indicates the article 44 of the Administrative Quarrelsome Code, during the five following days to the expedition of the act . If to do this notification there is not another more efficient middle to inform them interested, will be sentOne of them a citation by mail certificate, to the direction that this have presented upon intervening in the action. It exhausted this procedure and not having obtained the notification required, during the five following days to the citation, an edict in public place of the respective competent office will be set, by a term of 10 days.

The title and splits it resolutiva of the regulation resolution should be published in the Official Newspaper or in the middle officially destined for these effects, as the bulletin of the corporation or competent company, or in a newspaper of extensivecirculation in the territory of jurisdiction of whom sent off the act. (Decree Law 2150 of 1995, art. 95. Administrative Quarrelsome code, art. 46).

Them they interested or affected by the resolution of regulation, they will be able to interpose the resources of reinstatement, appeal and complains, inside the term that in the resolution be established, and before the official that proceed.

The interposición of the resource against the resolution should be given inside the five following days to the notification or to the desfijación of the edict or to the date of publication, as be the case. To be presented, the resources should be resolved by means of resolution and they will be notified according to it arranged by the articles 44 and 45 of the Quarrelsome Administrative one.

3 The original text mentions to the Inderena, competence that now belongs to the Regional Autonomous Corporations. 24

2. Application of rates by use of the water:

The rate by use of the water implemented by the CVC from August of 1976, is a collection by the right to the aprovechamiento of the resource, offered by means of a concession, that in no case implies remuneration by the delivery of the water to the user but by the service that is lent for the usufructo of the resource. This it has been the concept handled by the CVC and for that reason the objectives of the collection are to grasp resources to contribute to establish a system of environmental management in each hydrographic basin and to support the formation of a culture of responsible and efficient use for the water on the part of the users. This concept will be modified to the light of the new dispositions of the Department of Environment, Dwelling and Territorial Development, related to the regulation of the article 43 of the Law 99/93, in which the collection of the rate according to the consumption is arranged

This object implies then to finance the administrative expenses of the regulation of the currents, to implement the basins code plans and To maintain a system of information of the water resource for analysis of the administrative aspects (assignments, traspasos, renunciations, increase/reduction of volumes, etc.) and technical (haste, balance, works, etc.), so that the distribution of the water assigned like guarantee for the user can be controlled.

The collection of the rate by use of the water this supported in the legal dispositions contents in the Decree 1541 of 1978, regulation of the Code of the Natural Resources, and by the Law 99 of 1993 . The rates are you defined by means of agreement of the Executive Counsel of the CVC and apply keeping in mind the volume offered in the concession.

This rate is different to it charged by the associations of users to its associates, and although operates at present with the legal endorsement already mentioned, is important to note that the new normative development this being definite at this time by the Department of the Environment, for all the country.

Nevertheless, of the experience of the CVC is worth to note, that the rate has been constituted in a factor of appraisal of the resource, on the part of the users, inviting to its rationality and care. The philosophy of the collection is in the recognition of the hereditary and economic value of the water, and the need to saving it and utilizing it efficient as demand of sustainability.

3. The civil company in the management and administration of the resource water in the CVC by means of the conformación of associations of users.

In concept of the same associations these ...... ” have been determinants to achieve an unificación of criteria, and to form a true team of work where the desires flow, the commitment, the I encourage and the maturity to accept criticizes it constructive”.

The associations of users have permitted to involve the beneficiaries of the concessions and regulations in programs of protection and adequate use of the water, in zones where the intensive exploitation of the floor does necessary the use of water for irrigation.

c Group Focal Associations of Users of the Water, Palmira, February 8 of 2002. 25

Procedure to conform an Association of Users:  It conforms a driving group - advisor that heads the process (ASOCAÑA, CVC, CORPOCUENCAS) who select of one to five users of the representative water of the flat zone  The driving group unifies criteria, analyzes the potential of users, carries out traveled through of field and knows directly the problematic one.  The CVC brings to light the environmentaldiagnosis, the Not. of users benefited,the analysis of offering and demand of the water resource, the problematic environmental one.  The process of ASSOCIATION is initiated and consolidation to work in alliance.

Functions of the Association of Users of the basin . It analyzes, studies and establishes its own statutes as Association . It defines the sobretasa by use of the water to pay (Asurnima: $2.500 liter/assigned ; Asoamaime: $7.200 Liter/Assigned). . It names for Assembly A Board of directors: President, Secretary, Treasurer, Vocal and Revisor Fiscal. . It defines the priority of its work, according to the Diagnostic it presented by CVC. . The Board of directors, administers the economic resources, approves the projects to execute, does monitoring and evaluation, appointment to theAssembly 2 times to the year. . They carry out visits of field to revise works and to contact to the community. . They analyze and negotiate projects presented by the community of the zone of slope, for to be supported by the Association.

RESULTS AND SOCIAL AND ENVIRONMENTAL IMPACTS

. The action of the CVC in the adaptation of lands has been very important for the region. By means of works of drainage, of supply of irrigation and of protection against the floods, the Valley of the Cauca passed to arrange 110 thousand hectares cultivated 40 years ago, to 250 thousandcurrently.

. Creation of 14 Associations of Users of the Water, as mechanism of alliance and joint work among different actors around the conservation and management of the water. In this figure the participation of the private sector in direct actions of conservation is emphasized and management of the water.

. The creation of an Environmental Fund as result of the contribute economic volunteer of the users of the water, which is constituted in an instrument that permits to contribute permanently with the improvement of the basin.

t Pagina WEB of CVC 26

. The Program of Administration of the Water Resource of CVC and its process of development has been a fundamental element for the socioeconomic development of the Department of the Valley of the Cauca, as want that good part of the productive activity himself central in the agroindustria , particularly the cultivation and prosecution of the cane of sugar, therefore in this zone are found 11 of the 13 existing ingenuities in the country, which in 1995 they contributed the 8% to the GDP of theDepartment, in 1996 they occupied the 33.8% of the area cultivated they generated around 28.700 direct jobs and some 200.000indirect jobs.

. It has advanced in an important way toward the goal to achieve an adequate balance among the offering and the demand of water in quantity and quality so that has been able to satisfy the demands of the different activities located in the territory in the framework of a criterion of social equity.

DIFFICULTIES AND CHALLENGES FOR THE CONSOLIDATION OF THE PROCESS

Provided that is a matter of a scarce natural resource, submitted by a growing demand and a process of exhaustion of the primary sources, is to expect that conflicts of interests among the different actors be generated. The potential or real conflicts, can be handled of different ways by them interested. In some cases the process will leave promoted for common benefit, as in the CVC , in other cases not.

A good result in the development of this process has been to achieve the integration among the agricultural producer of the flat zone and the rural possessor of lands in the high zones, to work coordinadamente in the preservation of the sources through the Associations of Users of the water. This achievement has not been free, neither easy in the measure that requirió to harmonize interests of very unlike social sectors (the demand of the water resource in the flat zone, is nowadays from the 86% of the resource for agricultural irrigation, with tendency to enlarge and the greater interests of protection were centered in the users that utilize the water in the flat zone, while in the high zones, Natural andsocial they exercise greater pressure for the enlargement of the agricultural border in detriment to maintain some adequate conditions of conservation of the basins surtidoras of the resource).

This I carry to build progressively a common purpose of conservation and management of the high basins in exchange for the development of social and environmental projects that contribute to the improvement of the conditions of life of thesettlers of the high parts. Additionally, the CVC established an incentive to the associates in terms of lowers even in a 20% the collection of the rate by use of water To the superficial and/or subterranean water assignments holders that they be found affiliated to an Association of Users, will be offered them like proportional incentive to the investment that perform the association.

To agree upon mentioning discount, the users should comply with the following obligations: t The data corresponds to the sector: Cane more sugar. Source Asocaña. i Source Asocaña. 27

1. Canceling, before the first date of expiration established in the tabulado of collection. 2. Being to peace and save for every concept with the CVC. 3. Being to peace and save with the association to which belong.

The association should present before the respective Regional Director of the CVC, before January 31, each year, a report of execution that consecrate the following information: a. Total budget of the association in the immediately previous year. b. Investment carried out in the basin, in benefit of the water resource during the immediately previous year, with the respective backups. c. Relation of all the users affiliated to the association, including the ones that are to peace and save with the same one. This listing should contain the code or number of the account of CVC, the name and the assignment of the volume for each one of them.

The director of the regional one, after revising the documentation delivered by the associations, will remit them with its concept to the Office of Commercial Operation to establish the discount based on the following board.

RATE OFINVESTMENT YOU = (I/P) RATE OF DISCOUNT 0.1 0.75 25

Where I = Investment of the association in the previous year P = total Budget of the association in the previous year

. And how have they managed to handle of such way that may have been able to arrive at work coordinated in the preservation of the source? Among who they have been presented and how and in what they came to an agreement?) Now, the great challenge situates in maintaining a productive and harmonic relation. Sadly, in the zone operate actors of the armed conflict, that complicate the process. (This this it explained in set apart previous where is spoken of the associations, try to incorporate some new things. No longer it is arranged of more information on the matter)

Since the point of view of the administration of the resource, the greater difficulty situates in the monitoring and good use of the volume offered by means of concession, subject to construction, maintenance and adequate operation of the works hydraulics. In what the difficulties consist? Are financial, are techniques, are technological...? are thinking already alternatives and which are? The difficulties are presented for two aspects mainly: 1 . Financial. The high cost of the infrastructure required for the works of collecting in the primary sources, and the politics of the CVC in recent years in which this type of works has not had priority, in 1994 disappeared the area of valorización as instrument to carry out this type of 28 investments and to charge them the beneficiaries. 2. Of personnel. The extensive water distribution channels network for irrigation, the 86% of the demand of superficial water in the Valley is for the agricultural sector, and the present system of administration of the distribution imply necessarily a control of the assignments to level predial, for which officials dedicated to this work are required. Before the 94 they existed near 20 operating technicians traveling through the system of channels exclusively in each office of water, at present the number has been reduced to the quarter or fifth splits and the users have enlarged.

The specific alternative that is proposed like part of the model of Integral Management of the Water Resource to medium time limit , is to promote the constitution of businesses prestadoras of the water distribution service for irrigation, that they take charge of the operation and maintenance of the channels and of the control and measurement of the volumes distributed. The Corporation should build the infrastructure and systems of measurement in the main river bed and to continue regulating the use and carrying out the concessions in block to these new businesses to guarantee the seriousness and coherence of a technical program of administration of the resource.

If the following paragraph explains the previous questions, then would pass the text in blue further on...(If responds in part the questions, there would be that reacomodar the text) In the territory areas with an institutional lack marked of attention exist. The CVC, as environmental authority, very eventually can do presence in some of them, due to lack of human resource or to problems of public order. Before the institutional reform of 1994, the company arranged of a numero greater of officials to attend the basins, at present, in spite of the effort that is carried out, himself is not reached to cover all the area. These absences are presented mainly in the zones of páramo, which are very important since the environmental point of view and nevertheless, by the problems of public order before indicated, are found practically disregarded and intervened with illicit cultivations by the armed actors.

Now well, the largest challenge than faces the region set against the administration of the water is it set in motion and consolidation of the Model of Integral Management of the Water Resource: From the promulgation of the Law 99 a phase of change in the responsibilities is initiated, that affects the results of the Superficial Water Administration Program and generates a period of adjustments during which is learned of the experience and generates the definition of a Model of Integral Management of the Water Resource.

In this manner, the application of a model of sustainable management is consolidated, to optimize the distribution of the water resource in the area of influence of a current; with a vision of integralidad of the economic, social, and technical aspects, giving empoderamiento to the civil company, with the vision of improving the quality of life. The analysis is bases on the present legal framework, the specific conditions of the region, the problematic existing one, and the different environments that intervene in her, besides, collects the experience of the CVC in the administration of the water resource.

For the elaboration, monitoring and updating of the Plan of Integral Management of the Water Resource and of the different plans related to the water applies the methodology of priorización of environmental problems, which analyzes you threaten environmental, impacts, causes and actors involved. 29

THE CVC

The Regional Autonomous Corporation of the Valley of the Cauca – CVC – in 1954, was created by means of the Decree Law October 3110 22, for the purpose of “to promote the conservation and the development of the territories that constitute substantially the hydrographic valley of the High one Cauca, the sides of the Pacific neighboring to this valley and the territories aledaños that be related or they are affected for the activities of the 4Corporation”. Its zone of jurisdiction understood the departments of Cauca, Valley and Caldas. The Decree of creation assigned it some very extensive end that covered diverse areas of activity: the installment of public utilities for the generation, broadcast and distribution of electric energy, the promotion of the agricultural activities, the regulation of the water for public and industrial use, the protection against the contamination and the control of floods, the preservation of the flora and of the fauna, as well as the improvement of theCommunications and systems of transportations. In agreement with its origins the decree stipulated that it should orient its works “ with criterion to stimulate the private initiative and to create new opportunities for the action to articulate of the development of the region” 5

With this mandate, the CVC initiates the Superficial Water Administration Program in the basin of the river Cauca, where already was evident a great demand on the resource and they were left to see the first conflicts of use among the electric sector, the agricultural use and the human consumption.

The CVC can be considered one of the environmental authorities with greater experience and logistic, financial, and technical capacity in Colombia. Without doubt, the main assets that has accumulated in almost 50 natural resources administration years, has been its human capital, consolidating a technical group of highly formation and commitment. This united resource to the technological elements incorporated to the management as the network hidroclimática and the models of simulation, give an important backup to the decisions. Finally all the operating, financial, and administrative environment of the Company this designed to support the good management of the water. The financial resources obtained use rate way and the great investment destined to the hydraulics works construction, have I permit to the CVC to comply adequate with its work of administrator of the resource and to orient among the users its rational use and ordered.

4 Decree 3110 of 1954. Art. 1. 5 The CAR: 25 ...op. Cit. 30

I ENCLOSE 1

ASSISTANT DIRECTORSHIP OF ENVIRONMENTAL MANAGEMENT GROUP OF WATER RESOURCES

PROCEDURE FOR THE REGULATION OF THE DISTRIBUTION OF THE WATER RESOURCE THE CASE OF THE VALLEY OF THE CAUCA

RESPONSIBLE Not.?

PHASE 1 - INITIATION OF THE PROCEDURE

CVC/USER 1 Any user can request the regulation of a current.

Technical support 2 They evaluate the convenience of the regulation. (Art. 107 Decree 1541 of Regional and Group Water Resources 1978). Regional director 3 A) If the request is done through right of petition, remits answer to the user in the legal term.

b) If the request herself is not done through right of petition, remits answer to the user through car motivated that it denies the regulation, or Of resolution that orders it, according to the case.

PHASE 2 - PRELIMINARY STUDY AND NOTIFICATION OF THE RESOLUTION ORDENATORIA

Regional lawyer 4

) C. C. to. Administrative Quarrelsome code. 31

Regional lawyer 5

PHASE 3 - DEAL WITH INTERNAL OF CVC

Deputy director of Environmental Management 6

Regional lawyer 7

Deputy director of Environmental Management and Regional Director 8

Contractor / Team of Professionals 9

PHASE 4 - PUBLICACION OF THE RESOLUCION THAT ORDERS THE REGULATION

Regional lawyer 11

) 0: original, 1: first copy, 2 second copies 32

Regional lawyer 12

PHASE 5 - PROJECT OF REGULATION

Group of Water Resources 13 It delivers technical information on the zone of influence of the current of interest to the Contractor / Team appointed. Contractor / Team Appointed 14 They carry out the ocular visits and respective studies. Contractor / Team Appointed 15 Devises project of regulation. Informs the lawyer on the culmination of the project. Memo (0,1) Regional lawyer 16 It devises and negotiates publication of notice of the project of regulation, according to the arts. 111-112 of the Dto.1541/78

PHASE 6 –OBJECTIONS ¿THAT?

User 17 Itself entire of the result of the project of regulation, set against which can present objections.

If does not it present objections, himself continuous with the step Not. 23.

Regional lawyer 18 It receives the objections presented and devises car of admission or in admission.

19 It sends the Contractor / Team Appointed, the objections admitted. Memo (0,1) Contractor / Team Appointed, Administrator, Support Tecnico Regional 20 They evaluate and resolve the objections presented, and if is necessary the execution of new visits, the date of these communicates to them interested. If they consider it pertinent, modify the project. If they consider that the objections are not pertinent, communicate it the regional lawyer. Regional lawyer 21 It resolves the objections through car, which is notified upon interesting in the terms of the arts. 44 and 45 of the C. C. TO. 33

PHASE 7 - ELABORACION AND NOTIFICACION OF THE DECISION THAT PUTS AN END TO THE REGULATION

Regional lawyer 22 23

Contractor / Team Appointed, Regional Technical Support and Group ofResources Water 24

Regional lawyer 25 26

Deputy director of Environmental Management 27

Regional lawyer 28

PHASE 8 – INDIVIDUAL RESOLUTIONS OF CONCESION OF WATER

Contractor / Team appointed 29 Devises pictures of distribution (Inventory predial and of users of the water), that are the base for the elaboration of the individual resolutions.

Group of Water Resources 30 Devise the individual resolutions of concession of water. Regional lawyer Technical support and regional Lawyer 31 They prepare and remit communications to the users for the personal notification of the resolution of concession. Technical support and regional Lawyer 32 They notify individual resolutions on which the resources of reinstatement proceed and appeal. Group of water Resources and to 33 It receives resources and devises car of admission or in admission. Regional lawyer 34

Contractor / Team Appointed 34 It studies resources and sends answerto the regional lawyer. Regional lawyer 35 It devises rough draft ofResolutions that resolves resources presented. 36 It remits rough draft of resolutions to the contractor / team appointed and to the administrator. Contractor / Team Appointed, Group of Support, Technician of water, administrator 37 It revises rough draftof Resolutions, and the regional lawyer returns it. Regional lawyer 38 Devisesfinal Resolutions Regional lawyer 39 It sends Resolutions to the Regional director (0,1,2,3) for its firm. Deputy director of Environmental Management 40 It revises and signs the resolución(0,1,2,3) and the regional lawyer returns it.

Regional lawyer 41 It notifies the resolution to the recurrent, in the terms of the arts. 44 and 45 of the CCA.

42 It files the resolution (0) in an expedient. 43 It files resolution in consecutive (1). 44 It sends Resolution (2) to the Group of Water Resources and (3) to the Group of Commercial Operation.