Institutional Aspects of Water Management, Allocation of Uses, Control of Contamination, and Management of Urban Drainage
Proposal for Technical Assistance by Colorado State University May 9, 2004
Introduction and purpose This technical proposal responds to the Terms of Reference (TOR) entitled “Términos de Referencia para la Contratación del Análisis de Aspectos Institucionales para la Administración del Agua, Asignación de Usos, Control de la Contaminación y Manejo de Drenajes Urbanos,” received by Colorado State University in January, 2004.
As explained by the TOR, Colombia has undertaken a new approach to integrated management of its water resources (IWRM), with special responsibilities for the Ministry of Environment, Housing, and Territorial Development (MAVDT). After background studies, three problems were identified as limiting possibilities for achievement of sustainable development: Absence of a social culture for water and sustainability in delivery of services Lack of instruments for implementation Deficient inter-institutional coordination
Given these problems, the TOR requires a project to conduct the technical and legal studies that support the development of a legal framework for the integrated management of water encompassing administrative considerations, assignment of uses, control of contamination, and management of urban drainage. This legal framework should permit modernization and making water management more efficient for the water resources of Colombia.
Four documents should be prepared to present the results of the project. These are referred to as “expected products” in the TOR: 1. A framework document to characterize the water resources of Colombia 2. A technical-legal document to explain how the new legal framework would work 3. A document to present analyses of the effectiveness and equity of existing approaches, including the proposals of MAVDT, Congress, and the University of the Andes (EAAB). 4. A supporting document to present the technical and legal aspects and the analytical base, and to incorporate the concepts, principles, mechanisms, tools, and procedures required in integrated water management. This document should demonstrate the comparative economic, legal, and technical advantages of the proposed approaches, and it should identify societal groups that benefit and are affected by the proposed reforms.
Project organization and administration
1 The project is to be carried out in four months using an interdisciplinary team comprising engineers, economists, planning specialists, environmental lawyers, environmental strategists, and water quality specialists. Oversight of the project will be by MAVDT through the Vice-Minister of Environment. Technical supervision will be by a steering committee that is authorized to validate the project results, comprising a representative of the chamber authorizing the law, technical and legal specialists contracted by MAVDT, and the Vice-Minister of Environment.
Five reports are required: 1. Work plan and schedule of weekly activities and contract implementation 2. A progress report at the end of the month of project initiation with expected products 1 and 2 (framework document and technical-legal document). 3. A progress report at the end of the second month after initiation of the project with the expected product 3 (analysis of effectiveness of approaches). 4. A progress report at the end of the third month after initiation of the project with the expected product 4 (document with supporting information and analyses). 5. A final report at the end of month four that addresses items 1-5 of Section IV of the TOR and includes responses to comments from the steering committee.
The items to be addressed in the final report are: 1. Water resources assessment 2. Institutional gaps, contradictions, and inconsistencies 3. Structure and operation of a law for integrated water resources management 4. Impacts on stakeholder and potentially-affected interests
Note that the TOR specifies that the final report will address items 1-5 in Section IV, but only four items are actually listed in Section IV.
Study counterpart As explained by MAVDT, it has retained a highly-qualified team with four members to be the counterpart for the study and to work on providing information to the Colorado State University team, continuing the study and implementation of the project’s recommendations. Personnel on this team include:
General coordinator Guillermo Arcesio Gómez Mejia, Attorney Continental water specialist José Manuel Mejia, Engineer Marine water specialist Pedro Arenas, Biologist Logistical assistant José Manuel Sandoval
General requirements of the project In general, the required lines of work are those shown in Table 1:
2 Table 1. Lines of the study
Study sector Goals TOR Hydrologic Assess water resources supply, demand and distribution IV.1 Water Analyze strengths and weaknesses of water management IV.1, IV.2 administration Institutional Design institutional structure that addresses needs and IV.3 design gaps Stakeholder Evaluate impacts on stakeholders, including regulated IV.2, IV.4 analysis community and water system operators Economic Demonstrate economic advantages of proposed VI.3, 4 approaches Environmental Demonstrate effectiveness of approaches to achieve VI.1 sustainable development Engineering Demonstrate that the proposed approaches address water TOR supply, water quality and environment, and urban drainage/disasters Planning and Integrate the points-of-view of stakeholders to develop TOR integration proposals for IWRM
Ideally, the work of the project will take place in seven phases: 1. Presentation of work plan and schedule 2. Compilation of documents demonstrating current approaches, policies, and experiences in Colombia 3. Field interviews of regional corporations, territorial entities, service providers, regulatory commission, trade associations, user groups, ministries, institutes, etc.) 4. Development of proposed approaches to address gaps (considering experiences in other countries) 5. Preparation of reports with expected products (framework document, technical- legal document, analysis of effectiveness, supporting information and analyses) 6. Review by steering committee 7. Response to review comments and preparation of final report
On a practical basis, the scope of work is very broad, and Colorado State University has discussed with MAVDT that to accomplish it in a complete manner would require immediate assignment of an interdisciplinary team to Colombia, and that team would have to work rapidly and full time to carry out the tasks delineated, as well as to present documents and results to the steering committee for review and approval. If enough staff were assigned and if information collection and reviews were timely, the study could be accomplished in four months, albeit on a somewhat limited basis. Normally, policy studies such as the one required by the TOR requires years, rather than months, to accomplish.
Given the ambitious needs of the study, and the broad nature of the TOR, MADVT has organized counterparts to work with Colorado State University in the study. Colorado State University formulated a plan where it could complete a narrower study that focuses
3 on the management and institutional framework for water management, and does not collect original data about water resources assessment or about stakeholder positions. It will rely heavily on data already collected by MAVDT and/or its counterparts.
Studies of the water law and proposals have apparently already been made, specifically by MAVDT, Congress, and the University of the Andes (EAAB). Given this, the study takes on the character of an institutional audit, and the reports need not be as exhaustive as if original data was required as the basis for the study. Still, quite a bit of data are required, mainly to gather documents, interview stakeholders, and assemble a picture of the institutional framework of water management in Colombia, both existing and proposed.
Colorado State University’s approach to accomplish the project within a short time period will rely on its experts, but not require them to collect extensive data and conduct all interviews in Colombia. The time frame is so short that it would not be possible for the team to organize regional meetings or to conduct original interviews of stakeholders. So help is needed from the MAVDT to identify and survey stakeholders, as required in the TOR. This help has been offered by MAVDT in the form of counterparts, as listed above.
Study framework The general framework of this approach would be: Colorado State’s project manager, Neil Grigg, made an initial visit to Colombia during April 21-24, and participated in the “Second Discussion” about the Project of Water Law. During this visit he discussed the project with MAVDT and requested documents to be transmitted to Colorado State University, by electronic form where possible. During this visit, MAVDT communicated its agreement about the planned scope as described in this technical proposal. After acceptance of this final technical and financial proposal, MAVDT plans to execute a contract with Colorado State University. Colorado State University has explained its need to be able sign the official contract in English; to have clauses of the contract that are acceptable to both parties; and to have the mechanism for contract approval on the Colombian side be clarified and facilitated. These matters were discussed at MAVDT on April 23. MAVDT has assigned support staff members to assist in the study. After execution of the Contract, Colorado State University will formulate and deliver to MADVT initial concept papers for the products required. CSU will arrange the first a visit to Colombia to meet with agency and study team participants. This would involve presentation of the study team, discussion of concept papers, identification of further issues, and feedback from key reviewers and institutional stakeholders. CSU would also specify further documents and materials needed. CSU participants in this first meeting will be: team leader, planner/institutions specialist, engineer/hydrologist, and economist. Colombian participants would collect and transmit the documents and summaries of stakeholder inputs to key participants, including Colorado State University.
4 Based on the documents and materials furnished, and considering experiences of other countries, Colorado State University would prepare drafts of expected products 1–4. These would be transmitted to Colombia and presentations would be prepared. MAVDT would organize a workshop with institutions and stakeholders, steering group members, and the following experts from the Colorado State University team: team leader, planner/institutions specialist, and water quality specialist. At this workshop, the Colorado State University team would present tentative findings relating to the study elements (see Table 1, Lines of the Study, above). Verbal and written inputs would be received from workshop participants and the steering committee (written inputs would be due by one week after the close of the workshop). The Colorado State University team would prepare final documents and the team leader would present them in a meeting in Colombia.
Schedule Depending on when the contract is executed, the project schedule will be approximately as follows:
Preliminary Visit by Colorado State University to “Segundo Conversatorio” on April 22, 2004 Contracting MAVDT executes contract with Colorado State University Period Week 0 MAVDT assigns staff members to study project. Documents are transmitted to CSU. CSU begins compilation of first stage concept documents Week 2 to 4 First visit by Colorado State University team to meet with participants, (to be present concepts for the study, and outline further materials needed. determined) MAVDT organizes forum for discussion by plenary and working groups. Week 4 Colombian participants respond to concept papers, and prepare and transmit documents and summaries of stakeholder inputs Weeks 5–10 Colorado State University prepares and transmits drafts of expected products 1–4 Week 11-13 Workshop held among stakeholders, steering group members, and designated members of Colorado State University team Week 14 All verbal and written inputs received from workshop participants and the steering committee Week 15-16 Colorado State University completes and transmits final documents as required by the contract. Colorado State University team leader travels to Colombia to present results
Nature of the contract The contract between MAVDT and Colorado State University would include the information given above and additional details about the scope of work.
5 Under this scenario, the scope and depth of the documents provided will depend on the quality of the materials received from the Colombian team participants. Given the very short duration of the study, it is understood that Colorado State University will prepare final reports on the topics outlined above that include: reviews of materials provided by MAVDT, frameworks for water law based on international norms and experiences, assessments of needs for changes in water law within Colombia, suggested additions to Colombian water laws and policies, and background material as needed to substantiate the recommendations made.
Staffing plans Colorado State University’s plan to staff the project will depend on the nature of the required final reports and the schedule for performance. Some university personnel are not available immediately, but Colorado State University has partner institutions and firms from which it can also draw team members. Given the short timetables and uncertain schedules, along with decisions that remain to be made about the project, Colorado State University would require some flexibility in assigning its experts to the study. A list of experts from Colorado State University has already been furnished to MAVDT in the preliminary stage of the competition, and an additional list of experts is available for any replacements required due to the schedule being followed. In case some Colorado State University experts are not be available on short notice, the University has sufficient experts available, if it can assign either regular faculty members or adjunct personnel and experts from local institutes, firms, or universities.
The staffing plan is based on: Team leader Engineer Attorney and legal specialist Planner and institutions specialist Water quality specialist Economist
Depending on scope and requirements for the reports, and on the budget available, these positions might change, and some might be combined.
Based on the schedule given above, the effort required from these team members is presently envisioned as shown on Attachment A, Staffing Plan:
Plan for assessment of existing and proposed laws Of particular importance will be the work item to prepare a document to present analyses of the effectiveness and equity of existing approaches, including the proposals of MAVDT, Congress, and the University of the Andes (EAAB). In effect, this will be the “institutional audit” to present our findings about the coverage of the proposed legal approaches. We have been developing criteria for this assessment, and our first list is as follows: Alignment with complementary objectives and legal strategies Effectiveness in enabling water service providers to succeed
6 Adequate treatment of public health issues Social equity and access to water and sanitation Provision for instream water quality control Regional equity Provision for instream flows and environmental water Protection of marine waters Adequate treatment of ground water Institutional and regulatory systems effectiveness
Areas where alignment with complementary objectives is required include: Urban and rural development Public health Environmental conservation and management Energy development Natural resources management Food and agricultural policy Economic advancement
Documents required initially from MAVDT Water resources plans and assessments of Colombia Existing laws and reports about draft laws Reports of workshops and meetings about new law Report of First “Conversatorio” on the Proyecto Ley del Aqua, held in 2003 Regional water development and/or master plans Recent studies by RFF on environmental policy Others as made available by MAVDT
7 Appendix A. Percentage of full time effort (multiply by 40 hours/week to obtain hours)
Team ldr Attorney/ Planner/ Engineer Economist WQ Asst Trans legal instit specialist specialist specialist Week Week beginning 0 **5/12/2004 0 0 0 0 0 0 0 0 1 5/16/04 50 0 0 20 20 0 20 40 2 5/23/04 50 40 40 50 50 20 20 40 3 5/30/04 100 0 100 100 100 0 0 40 4 6/6/04 75 50 50 50 50 50 20 20 5 6/13/04 75 50 40 50 50 50 20 20 6 6/20/04 50 50 40 50 20 20 20 20 7 6/27/04 50 50 20 20 20 20 10 20 8 7/4/04 50 0 0 0 0 0 10 20 9 7/11/04 50 0 0 0 0 0 10 20 10 7/18/04 50 0 0 0 0 0 10 10 11 7/25/04 50 0 0 0 0 20 10 10 12 8/1/04 100 0 100 0 0 100 10 10 13 8/8/04 75 50 50 50 40 50 10 10 14 8/15/04 50 20 20 20 20 20 10 10 15 8/22/04 50 0 0 0 0 0 10 10 16 8/29/04 100 0 0 0 0 0 0 0
* This schedule is based on a contract approval of May 12, 2004. If the contract approval is later, the schedule must be adjusted.
Appendix B. Qualifications of Colorado State University
Colorado State University capabilities (Note: this is the initial list of Colorado State University staff who may participate in the project. This list of capabilities has been adjusted to incorporate the changes made by MAVDT in the personnel required for the project. The Team leader is committed and other personnel may be available, depending on the schedule. This list of capabilities has been adjusted to incorporate the changes made by MAVDT in the personnel required for the project.)
Colorado State University faculty members have completed many studies of water issues around the world. In 1995, the university organized the Water Center to account for faculty expertise in water resources, and it noted 25 departments with substantive work related to water, with over 100 faculty members engaged in water science, policy, or engineering studies. This is the pool of expertise that Colorado State is able to draw from for this project.
8 Colorado State’s team for the project would be led by Neil Grigg, founding director of the Water Center and now professor of civil engineering. The initial team of faculty members that is submitted in response to the terms of reference is listed below. Depending on the specific needs identified for the project, this team may be augmented by drawing from other Colorado State faculty members and/or from specialists associated with the university, but not currently employed by the university.
The proposed team members are (resumes were provided earlier): (Note: some members may be changed due to scheduling issues and MAVDT needs)
Neil S. Grigg—Team leader and planning/institutional specialist Evan C.Vlachos—Environmental law specialist Stephen Mumme—Planner/institutions specialist (CSU will also nominate another person for this position, depending on the schedule to be followed) Jose D. Salas and/or Darrell G. Fontane—Engineers and hydrologists Amy Pruden and/or Robert C. Ward Environmental engineers and water quality specialists Dana Hoag—Economist (CSU may nominate other economists, depending on the schedule to be followed)
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