1

INDICATE OF THE INTERVENTIONS

Pg. 1. Juan Pablo Bonilla. Vice minister of Environment. Department of Environment, Dwelling and Territorial Development…………………………. 3

2. Nancy Patrician Gutiérrez Representative to the Chamber……………………….. 10

3. Bernardo Dark-haired. President FINDETER……………………………. ……….. 14

4. Luis Fernando Velasco. Representative to the Chamber……………………… 17L...L

5. Ceasing Flowers Viceministerio of health and social attention Department of the Social Protection…………………………………………………… 19

6. Sergio Caicedo. ASOCARS………………………………………………………21

7. Carlos Manuel Blacksmith. ANDI……………………………………………………. 23

8. Cristian Stapper Buitrago. Director of the Commission of Regulation of Drinkable Water and Saneamiento Basic………………………….. 27

9. Captain Mario Palaces. Commission of Oceans of Colombia……………….. 29 2

10. Astrid Álvarez. ANDESCO………………………………………………………. 33

CONVERSATORIO

11. Camilo Polanco Towers. Rector of the University of the Tolima………………. 36

12. Camilo Holy. Director of Environmental Politics of Cundinamarca………….. 38 13. Fernando Leiva. Leader of the Office of Planning of FEDEGAN………….. 39

14. Framework Tulio Thorny. Member of the Network Colombian of Environmental Formation……………………………………………….. 41

15. Oscar Bernal. Director of the Environment of the Department of Boyacá…………………………………………………………. 42

16. gratitudes/ Nancy Patrician Gutiérrez ………………………………….. 43

3

INTERVENTIONS

Juan Pablo Bonilla Vice minister of Environment Department of Environment, Dwelling and Territorial Development

Good morning for all, I give him a very special greeting to the doctor Nancy Patrician Gutiérrez and to give him the thanks by this invitation, a greeting for all the assistants is pleasant to be here for this conversatorio. One must celebrate that a congressperson utilize this precinct for these themes and the execution of a conversatorio prior to what is going to be the process to arrive at the law of the water. Since the first meetings that had with the Representative, we saw since the department an excellent opportunity to analyze all the efforts that face the theme of the water, and to see like the country can count on a law framework of the water that help ourselves to give him an important impulse to this sector as already comes itself giving since the new department. Some of the things that are being done since the department become a first step for what is conceived like a law framework of the water. 4

The department I conform to ends of last year under the faculties that gave the congress to the president. There is a factor that to stand out of the new department to initiate this conversatorio. Some persons have questioned in the last weeks due to the project of reform to the law 99, inclusive to the department. Inside the new department the theme of the integral management of the water is going to be not only one of the thematic axes, but one of the axes that also carry us to a structure a lot more solid of this sector. I begin for touching the international theme. Taking advantage of the possibility that the president with the creation of this department gave us, a diagnosis of the international themes was done, an analysis of the Summit was done of Johannesburgo, an analysis of the Goals of the Millennium, and we did an analysis of everything that was being handled in terms of environmental politics of all the international agencies World Bank, Pan-american Bank of Development, PNUMA, PNUD, because if there isLarge challenge is to articulate the international agenda and harmonizing it with the regional agendas and with the local agendas. For nobody is a secret the debates that were given among the previous department of development and the department of the environment. Also confrontation to level of the multilateral agendas existed. Some credits that structured the BM or the BID for the Mindesarrollo and other structured by the same institutions for the Minambiente, that they had problems as for their articulation. If one it sees the environmental agenda to world level, the priority theme from the seventies, is that of the water. The EPA in the United States did not begin to speak of other environmental themes as the air and the management of resources, until did not have clear the theme of the water. Besides the institutional theme of the water, this theme has been assigned to all the institutions in Colombia and at last becomes one of the thematic axes of the new Department. When itself this speaking of water itself is not being spoken of acueductos and alcantarillados, we are speaking of the integral management of the water. We should keep in mind since the births of water passing for the integral management of the basins, to being able to have an adequate management of acueductos and alcantarillados, plants of residual water processing, reuso, inclusive the theme of the saneamiento 5 basic, the theme of solid residues enters also to do part of the chain of the water. This theme is supremely important. The process of fusion of the departments was an integral process. A person was chosen of each one of the directions of the Minambiente and of the Mindesarrollo that worked from August until December to create the structure of the new department. We achieve that the environmental theme permeara all the themes of the new department. Been present in dwelling, in code and becomes the new viceministerio of environment in which is the direction of drinkable water and saneamiento basic. In the article 366 of the Constitution, when speaks of the obligations of social investment of the State, speech of education, health, dwelling and drinkable water and saneamiento environmental. This direction is converted, together with that of ecosystems, in a dependence that is going to give a lot of importance to the theme of the water.

After this necessary introduction for understanding like the Viceministerio of the Environment is articulated with the other viceministerios. For example, theLinking of the theme of dwelling with the theme of public utilities is supremely important; the theme of vulnerability to natural disasters and location of dwellings in zones of highly risk is very important. Great part of the problems of the country are being given for the location of dwelling in zones of highly risk. The disaster of Manizales that treated during the concejo communal was basically that, was dwelling located by the POT´S in zones of highly risk. And if there is a theme at this time in the environmental international agenda of supreme importance, is the theme of vulnerability and attention to disasters. The theme of the urban drainage that should be one of the key points that be included in a Law Framework of the Water, should be should become the axis articulador of the code of the territory. In the plans of present code itself are not taken into account the theme of the urban drainage, while this theme enters the Management of the theme of the humedales, as for example in Bogota, enters the theme of the pipes, there are many cities of the country that, if we organize the theme of the urban drainage that is going to give us the axis for the code of the territory. This theme is important because 6 shows the link among the code of the territory, dwelling of social interest, and the theme of water to urban level. This explanation is necessary because inside the new department, the theme of the water is totally trasversal. Besides, some of the functions that comply in the department can be utilized like intake for the creation of a law framework of the water. We are going to speak a little about the politics for the integral management of the water as part of this introduction of the project of modification of the law 99, as is articulated totally with what is done, the national plan of development and the agenda for the construction of this government bill. The president of the republic, the minister and but of 600 mayors of the country they launched the 10 strategic lines of the politics that are an important intake to begin to think about the law framework of the water, and to begin to work in this. The first one is the formulation of the plans of ordering and conformación of the concejos of hydrographic basins, the second is the strategic value ecosystems conservation (we stop, births, marshes and humedales), the humedales urban for some cities as Bogota and what should be considered inside the management of its basins and microcuencas in the theme of humedales is supremely important. The integration of the legislation, speaking of the law 99, the law of the water and the normative development, everything that are vengeful rates rates by use and all the other instruments that has the sector, accompanied by the 1% that have to invest the territorial entities in purchase of grounds and in management of microcuencas, the 1% that has to invest the private sector when carries out projects that involvemanagement of the water, the coordination and the institutional strengthening for the water management (as the creation of the new department), the efficient management of the resources of the state for the administration of the water and the installment of public utilities, the sixth one is the establishment of the culture of the water and the sensibilización social, the president did a call so that the country fell in love with the themeThat we do acueductos if we do not fall in love with the resource. The theme of the culture of the water is not only the theme of the business culture, to improve the public utilities, is the culture of the management of the water in all its chain, since them we stop to its final disposition. 7

And therefore the theme of environmental education this being integrated with the program of business culture since the direction of drinkable water. The modernization and transformation of the public utilities, is one of the programs that have as for the business modernization, to link users, construction, investors. The day of launch of these strategies was rewarded to a group of municipalities by improving, through management, the operation of its public utilities to municipal level. In the Department exists a categorización in which is offered them an accompaniment to these municipalities and when surpass certain score is considered that already they have efficient businesses and it is given them a support and training so that they continue improving its management. This program this articulated with the Superintendencia and is something that is owedWorking since the Department to be able to prioritize in which municipalities of the country this program should emphasize itself more. The establishment of a center of water information is vital and is very connected with the economic instruments. Nobody at this time has the information about the quantity and the quality of the water resource in the country. Colombia is pioneer in economic instruments as the vengeful rates, which was conceived theoretically of a very positive form. There are regions of the country where have shown an important impact of the rate. Nevertheless it has lacked information. The question nowadays is, after five years of the implementation of the vengeful rates, ¿in which has collaborated the rate to improve the quality of the water resource? Several international experiences exist, that permit to see like the economic instrument has helped to the improvement of the quality of the resource. National experiences show us like the vengeful rate the private sector paid it and in other the municipality and not the information on the impact of this collection in the quality of the resource exists. The same thing this passing as for the rates by use. The theme of a system of water information is indispensable. One must fortify the IDEAM so that become this center and that have like priority the theme of the water. The decree 901 of 1997, for the theme of the rates presented the endorsement of the laboratories on the part of the IDEAM, the goal of this year is that have at least 15 endorsements. 8

The theme of the information, for any regulatory and economic instrument that be wanted to implement is indispensable. Finally, it is that of the ventanilla unique of acopio and evaluation of the projects of the sector, included in the plan of development, to avoid the dispersion in the sector of referring projects to the water, projects to different institutions were presented that many times were contradictory. What it is wanted is to work articuladamente with these institutions to achieve a ventanilla unique with some very clear processes of priorización to receive these projects and then to work them jointly with the institutions involved. The sources of financing, are some of the reforms presented in the project of the law 99, an articulation is sought, destinacion and distribution of the resources for the integral management of the water. The project of reform to the law seeks to articulate and to order the information to identify the existing resources as the vengeful rates, by use, transfers of the electric sector (that have a destinacion specifies), themselves this trying to articulate and to order those elements and to include them new resources (resources originating from the municipalities and of the private sector for the maintenance of basins). What it seeks the reform is the articulation of all these resources, and through the concejos of basin to articulate them. The reform gives the possibility to the regions to be sat down with the users and the companies in the corporations, so that they devise jointly their own plan of management of the basins. Having as soon as which are the priorities of investment of all the resources originating from the transfers of the electric sector, the vengeful rates, by use, and that they define with the corporation, based on the plan of code which are those priorities of investment. This it is one of the main supplies for the law framework, to begin to see as are ordered all the resources and is given them a priority in their investment. The creation of the concejos of the hydrographic basins, as instances of planning and of articulation for the management of the water. The project does not modify the state of use and aprovechamiento of the water resource in Colombia, included in the code of natural resources (decree law 2811 of 1974). The project what 9 seeks is to tune up and to improve four themes of the law 99, one of they being that of the water. The sources of financing for the management are going to to be articulated through the counsels of basin, in the law I need the methodology of I calculate that it was ambiguous, and that it helps to that that articulation be but concrete, and is defined so that the resources should be utilized. In the plan of development told that the vengeful rates should be destined in its totality for descontaminación water, in the reform to the law 99 the same thing is presented. This instrument isVery valid for the corporations so that they can yield accounts to the community on the impact that generate the instruments. When the users in general see the effects of an instrument, the availability of payment rises, when themselves not the results are seen the availability of low payment. Thus, an economic instrument and their impact in the environment can generate positive conditions enlarging the capacity of payment. The environmental authorities have the economic regulatory instruments, this the plan of code and management of the basin, as the axis that determines the priorities of investment. The elaboration of this plan is in the hands of the corporation but keeping in mind the concejo of basin that defines the management of the resources. Other measures that are included in the reform are: establishing in two different articles the vengeful rates and the rates compensatorias, to define the system and method of the rates by utilization of water and compensatorias, to differentiate the compulsory investment of to the 1% of the investment and to clarify the types of subject projects to compulsory investment, to establish a ceiling of the 10% of destination for operation of the recaudos by vengeful rates, compensatorias, of utilization of water and transferElectric. The destinacion of the sources of financing they would go directed toward: Rates by Utilization of water: Conservation, protection and restoration of basins or water sources, Vengeful Rates: Monitoring and descontaminación water, Rates Compensatorias: Monitoring and the renovabilidad of the natural resources (forest, flora, fauna, resources hidrobiológicos), Transfers of the Electric Sector: Protection 10 of the environment and the defense of the hydrographic basins and of the area of influence of the project, 1%The Municipalities and Departments: Acquisition, restoration and conservation of areas that supply of water the acueductos, 1% of the investment of projects: Conservation, protection and restoration of the hydrographic basin. The creation of the Concejos of Basin will be social and institutional instances of articulation, that permit takes it of decisions arranged among private and public actors. One of the articles to the reform of the law 99 speech of the constitution of the public audiences so that the concejos executive of the corporations show to the community which is going to be their work plan and their plan of action. These concejos are an axis of participation inside all the project of reform. These concejos are created with various objectives: to Coordinate and to orient the processes of ordering and planning, to Set priorities of investment, to Define mechanisms of disclosure, evaluation, and monitoring and to Facilitate the participation and the social control. In the national plan of development the formulation of a project of the creation of a law framework of the water is included, for which is necessary to define a work Agenda for the construction of the government Bill, that is one of the purposes of this conversatorio. In logical framework for law proposal preparation we have the Formulation of Politics for the Integral Management of the Water (MAVDT) : final Version of the document that will be divulged in August of 2003, Diagnosis of the Normative and Legal Framework in force (Code Renewable Natural resources and regulation developments), Harmonization with Law modification proposal 99/93 and retroalimentación with international experiences, project preparation of Law in coordination with the H. Representative Nancy Patrician Gutiérrez and the Validation of the proposal in. With this I finish this presentation presenting some supplies that can orient the discussion. 11

Nancy Patrician Gutiérrez Representative to the Chamber

Good morning, I thank the assembly to the act from today which is a day of work directed to create the law of the water. I thank the presence of all the sectors since is very important the active participation of all, so that this project be the union of all the demands and interests of the different economic and social sectors of the country. This day helped us to have clear a thematic one that reflect the interest of the different companies and organizations see expressed in a government bill framework of the water. Last week in the meeting of the G-8, defined as one of the main themes that of the sustainable development with emphasis on the access to the water. This gives us the real dimensions of a theme that not alone does part of the national agenda but does part of each one of the international agendas. The vice Minister of the environment has indicated us the agenda that has the government with regard to the theme of the water, nevertheless we consider that the water is a theme that should be tried to depth and to define its limits beyond that be treaty in the reform to the law 99. This theme requires a law modern and clear framework that permit in a future to evolve according to the national and international reality. The management of the natural resource should be adapted to the reality of the evolution of the development. A prior work should be done to delimit the themes that are contemplated in the project of reform of the law 99 and which of them serian transferred to the law framework of the water. Since ours first exercises to create a thematic own one for the law, obviously that fear of the resources of financing and of investment they occupied an important block in this thematic one, added to the theme of the rates and of the general distribution of the resources and of the competences. This theme is priority since remaining two weeks for the end of the ordinary sessions of the congress, the national government has shown a special interest in which the project of modification of the law 99 be approved in the first debate of the fifth commissions. Therefore the themes of this reform that also it incumben to the 12 law of the water should be looked at with special care, considering that the chapter of the water that contains the reform to the law can be passed to the law framework of the water to duplicate not the effort. The objective is to simplify the regulatory nature of the resource, so that there be not evils interpretations to the different norms that, according to ours diagnostic, are found very dispersed. Already giving an introduction we should do a traveled through by the diagnosis of the reality of the water resource in Colombia. The country counts on 2.680.000 hectares. That is to say the 2,35 percent of the national territory this composed one by water. Without count on the seas which are going to be a theme of vital importance in the project of the law of the water. The problematic present one resides, besides the regulatory dispersion, in: lack of a general law that compile and to regulate all the referring themes to the resource, institutional weakness in the fulfillment of the regulatory nature, absence of financial and economic strategies for regular the distribution and use, lack of clarity in the competences among the authorities responsible for the management of the water resource, lack of procedures and clear rules to handleResource, lack of priorities for the use of the resource, increase of the contamination, unprotected ecosystems, fumigation of Illicit cultivations, use ineficiente of the resource, distribution inequitativa, low cover in the distribution of low, drinkable water cover in the processing, lack of a plan of preservation of the water resource, degradation of basins, internal conflict, among others. Keeping in mind this problematic one what is sought with the law of the water is: to define the politics of sustainable development, to create a culture for the management of the water (efficiency/savings) the major participation of the company, to set a normative framework for the sector of the water, to project an efficient management that guarantee the fair access to the water, to recognize the water as a well factor of economic development, definitionand international use of the water, creation of a national authority of the water, to prompt an efficient culture of the use and savings of the water, to count on sanctions andIncentives that regulate the use of the water, contingency plans inclusion for the natural disasters and for them caused by the internal conflict. 13

The project of the creation of a law of the water is a project in which we carry working approximately a year and which this divided into several phases. It was a project that was born in the Congress, what has complicated a little its procedure, due to the weakness of this institution that does not count on the necessary information neither with the technical support that requires the impulse of a so technical project and of crossing of so many interests as is the theme of the management of the water resource. We have been working with several companies among them Minambiente, Mindesarrollo, the CRA, has advanced enough also with companies as ANDESCO. In the first phase of the project, that the Organization of the Project of Work was based on, Identification of the actors involved, Harvesting and analysis of the existing information, besides a Harvesting was done and study of the existing regulatory nature, a Study was prompted and analysis of the international experiences and a preliminary thematic Proposal was edited. In the second phase that has to see with the Diffusion of the project of work before the National Government: Department of the Environment, with private and public Institutions related, involved and interested in the management and the study of the Colombian water resource, also with international Agencies related to the theme. (Linking of the World Bank). A third phase of the Work intersectorial, with an Exchange of ideas on the elaboration of the government bill, an Exchange of information, besides a thematic Study, the Identification of priorities and the Elaboration of the rough draft of the government bill for discussion. Nowadays we are developing this phase in this first one conversatorio that carries ourselves to have an exchange of ideas with all the sectors interested. That it is the objective of the day of today, to know of you which serian the themes that consider should do part of the law framework project of the water. The parliamentary dynamics and of expedition of the laws should change in the country. With these exercises of prior coordination to listen to them interested to listen its opinions we are going to facilitate the discussion of the project when arrive at the precinct of the Congress. This project of be to be worked by all, with the 14 interests positions over the table, the water is a theme of general interest, but where move many private interests because has to see with the distribution and the use of a natural resource of importance for the life in general. The private and public interests are going to be acquaintances for all with prevailed of the general interest of the country and of its inhabitants, but with a recognition of the private interests that there is in the theme. The quarter phase is the diffusion of the rough draft of the government bill. This diffusion includes national meetings: public sector, guilds, private businesses, university, environmental, and academic institutions, regional forums (Caribbean, Andean region, Catatumbo, insular, Oriental, Pacifica), meetings with international agencies (European countries, Latin-American countries, of North of America) and the National Forum of the Water Resource. The fifth phase that is presentation of the government bill. This phase is comprised of the Elaboration of the government Bill and of the Radicación of the government Bill in the Congress of the Republic. In the proposal today has called to the Institutions Involved (national and international), a compilation of the existing regulatory nature in country has been has carried out which has been compared with the international Laws and a First thematic proposal for the execution of the Law has been presented. The thematic proposal includes themes as that of the property of the resource under the principles of dEscentralización, corresponsabilidad and prevention; the project should have a legal, technical, economic, and political focus, with emphasis on the territorial thing, in the social thing and in the environmental thing, that speak of continental water that contemplate its state of uses, the institutional state and the economic state. A third framework for the maritime water that contemplate exactly the same states. That serious one to large characteristics the approach and remains open so that you contribute to this construction of the law.

Bernardo Dark-haired President FINDETER (Financial of Territorial Development) 15

I go has to do some small contribute of some elements that consider important to incorporate in the government bill that comes dealing with the Representative Nancy Patrician Gutiérrez. There is consensus in a basic theme, the theme of the water is a theme that has a great one integralidad. Himself it is not reduced to the installment of a service or as a well of consumption but is an element to which are incorporated it a series of actions of the life of the communities. The water one must seeing it since the angle of the management of the water offering for the installment of the service, for the management of productive zones through districts of irrigation. The water has an important component in energy generation matter and the water inside the context of a country that has almost 2800 Km. of coast plays an important role inside the coastal activity for the development of the communities that live in its proximities. I am going to refer myself to certain basic elements of the water as element for the installment of the home public utility. First the sector has a serious problem of financing. The sector of the water, due to the dispersion of the sources of financing, has invested an endless number of in a way disorderly resources and the effect in matter of the improvement in the installment and of cover has not been proportional to the investments that has done the national Government (investment of 4 trillion in the last 4 years), and the immediate effect has not been an increase in theIn the quantity of the installment of the service of but of 1.5%. The sector is not financed neither in the plan of development. Besides the government requires fast processes of transformation. The process of modernization of the businesses of services should be fortified if we seek efficiency because the integralidad in the installment of the service of water comes since the source of provision of the local systems, to the management of the same one and subsequently the disposition of the water. The sources were exhausted. Today we have but of the 65% of the systems of acueductos of the country with a serious problem of water offering fruit of the deforestación, therefore one must seek instruments that the tax reform gave ourselves so that the programs of reforestación have incentives been worth, and 16 the corporations count on logical programs of conservation as the state of transfer of the resources contemplates it (law 715). It should be required so that be incorporated in the government bill the demand to the territorial entities of the application of the resources for the conservation of the basins of provision of the local systems. Subsequently some water distribution systems are found and potabilizacion of the same totally obsolete one, with lost of around the 40 to the 45%, what means that the 50% of the water that enters to the system of the acueductos themselves this losing. The country besides requires of the construction of 950 plants of residual water processing, this expense elevates at more than 9 trillions pesos. These necessary resources matches the processes of transformation do not exist nowadays. In spite of this the sector has advanced quickly, but this advance obeys to local processes. One must take fast measures. The government bill should incorporate serious instruments for the revision of the rates that charge the local businesses of acueducto. There are there lags grandísimos. From FINDETER is recognized the importance of this sector therefore the national government did a great effort to incorporate inside the reform paid basic extensions to the integral process of the management of the water that goes since the processes of reforestación, for the acueductos regional that they invest in their plants, etc. In the reform of the law 795 sanctioned by the president in January, we incorporate three basic elements that will serve for the financing of the sector. First themselves achievement to expand in social object of FINDETER with the objective to be able to lend, no longer only to companies of mixed economy but to private businesses that they develop projects of acueductos and of installment of public utility of the water. Second. Discounting through autonomous patrimonies. Third. Discounting through operations lease that are an important financial instrument for the improvement programs development of acueductos. We manage to incorporate in the reform to the financial system the possibility to finance to the autonomous corporations, predicting the salary of the rates so that to 17 serve as contribute for a possible credit for the same corporations and that they could build the plants of residual water processing. Of all ways a complex structural problem exists, we have a fearful commercial banking by the legal instability that generates the possibility that through autonomous patrimonies constituted by the I collect of the rates of public utilities, serve like guarantee. That legal instability generates fear to offer long-range credits through the commercial banking. To any private or public actor that decide to invest in the sector we should offer him, with guarantees, an answer of long-term credits. Itself this seeking plans as this. In the law of the water important elements should be incorporated to see if splits of the resources of the regalías petroleum can constitute a fund of extensive guarantees to compensate the rates destined to the sector of improvement of the public utilities of the water, and with that fund of guarantees also to give him guarantees to the commercial banking and to generate tranquility. The compensation of rates, today should be sought instruments so that through the regalías, FINDETER can create some lines of clear credit for those sectors that quieran to transform their businesses of acueductos and to be able to improve the installment of the service. The sector has some large challenges, where has there to be an accompaniment of the state, with clear commitments on the part of the congress so that there be seriousness in the management of the resources; logically to this law one must give him valid instruments in matter of financing. Everything that one hears of the water remains in advanced, without the necessary real instruments. The economic instruments exist, only is necessary to clarify their role for the financing of the local projects. FINDETER is the bank of the water. Of the almost 2 trillion 800 thousand million pesos that has lent the company in the last 7 years, 1 trillion 600 thousand million have been oriented the sector of the water, accompanying processes of modernization and transformation of acueductos and of local systems. 18

Luis Fernando Velasco Representative to the Chamber

I go has to do a very brief reflections on a theme particularly the water. The water as element definitorio of any process of territorial code. The sobrecostos social, economic and financial that considers a city a process of disorderly urban planning, finish being paid in rates of water and finishes being paid in some risk zones generation elements in the cities that by evil management the poorest pay it. Each time that the rains in any zone of the country arrive, the water that should be our ally, for many becomes the enemy. Those zones historically have always been zones of flood of the rivers, are product of a political evil of urban territorial code, of a lack of planning of the growth of the population does that the but humble they have to fight him to the rivers their riveras. The element of the water, by its importance should be decision-making and decisive in any plan of development, in any politics of state, because its we do a study on the investments of the not alone country in the national budget, but also in the localities, a high percentage of the wealth that create the citizens has to be directed toward the management of the water, and if that management of the waterOf a politics of planning of a country, clear that are going to have more resources so that the water arrive in good quality to each one of the citizens so that we can do other investments. As much as it is worth the citizens of the intermediate cities that by a political evil of urban planning, by a lack of Instruments so that its authorities be able, in a way agile to appropriate for the community the adequate lands to build and to avoid the speculation with the lots to grow fat. Upon not having these instruments the people has to opt for two solutions. The solution of the associations of dwelling that many times illegally but necessarily, occupy grounds that cannot be included in the networks of public utilities. As much as it is worth to a city the creation of these networks and as much as loses the city in competitiveness, in possibilities to do another type of investments by evil urban planning. 19

The experts should do a study of how a good law of water that deliver a framework which be final in any process of public investment, above all in the growth of the urban centers as much as of the can save to Colombia. The wealth that has Colombia as for water resources well should be taken advantage of. The water should be in central axis in any politics of urban development. The Congress is open to continue hearing the experts in the better forms to obtain a reordenamiento institutional necessary, as we return to approach a little to the corporations with the people and to break that plan where the corporations through an autonomy badly understood themselves has not become the champions of the environment but in champions of specific political interests one of a people for whom are worthIts private interests on the social and technical decisions that favor to all the Colombians.

Ceasing Flowers Viceministerio of health and social attention Department of the Social Protection

It wanted to initiate this presentation giving answer to a question of the representative Nancy Patrician Gutiérrez. What would please us to see expressed in the law? Since the point of view of public health still remains a lot by developing. The theme of the water affects us since the point of view of the quality. The analysts in the theme of the consumption of water have declared that in Colombia alone the 15% of the municipalities have apt water for the human consumption. The 85% of the populations in Colombia do not have apt water for the consumption. This damages of a great way the public health, only mentioning two elements. Illness diarreica sharp inside the 5 first causes of consultation in the country. This costs to the country more than 4 trillions pesos to the year. The theme of amibiasis by bad quality of the water. More than 500 thousand million pesos in the processing of this illness. This theme of the quality of the water we wanted to see it expressed in the law of the water. This it should give us real instruments to control the theme of the consumption, of the commercialization, 20 distribution and storage of the liquid. The theme of the commercialization also generates us a lot of worry. We see as in the country are growing of way descontrolada a great number of businesses that pocket water without no criterion of consumption, under no quality control criterion. The desabastecimiento. Only the 15% of the municipalities of the country has apt water for the consumption. It does some two decades we were the third Latin-American country with more sources of water wealth. Today they mention us that we are of 24 inside this scale. The problem of the desabastecimiento of apt water for the consumption is seen criticism in the reality of the country. Another element that would please us to see clarified in the law is the term of competences. The Department carries at least three years trying to remove a decree of drinkable water. Which due to this crossing of competences that come established since the law 9 of 1979, has not been possible to arrive at a conciliation with the different classes that has to see with the theme of the water. Since the point of view of the central sector of the administration, as many as departments take charge of the theme of the water, at least six, with different regulatory norms that many times are contradicted. The project of the decree of water for the human consumption carry after years in the process of conciliation, which has been a problem because each one considers definite competences the law. The theme of competences requires a discussion but deep in terms that many laws exist, decrees, resolutions, that give us around some 8 public companies that share the competence as for the management of the water. Another point is the perspective of public health. The effect of scale that in the country the 85% of the municipalities have not apt water for the human consumption, only the 2 or the 5% of the municipalities have plants for the processing of the water and alcantarillado. We are to the same level that countries with very low levels of development. All the economic effects and of impact set against the public health that generates this situation are of escalation and we want that in this law they be given us tools to improve this situation. Other problems on the slaughterhouses exist, also on the regulation of the use the water in pools, in beaches; when control on this type of water is done, the income 21 of persons to public beaches. The theme of the cemeteries, there is not a planning for the management of subterranean water. The regulation of the framework of the water for the regulation of food. These they are the themes that the department of the social protection wanted to see expressed in the law, of a coherent form and directed and that offer to the department the necessary tools to offer them to the Colombian apt drinkable water for the human consumption, for the industrialization and water so that the Colombian town see improved its quality of life.

Sergio Caicedo ASOCARS (Association of Regional Autonomous Corporations, of Sustainable Development and Environmental Authorities of Large Urban Centers).

For the association of regional corporations is a very good opportunity to be able to participate in this initiative that are developing. This it is an extremely delicate theme, in the last days we have participated in the debate to the reform of the law 99 of 1993, and we are in a series of forums in several regions of the country; in that measure we have concluded that it is necessary to include the theme of the together water with that of the reform to the law 99, since the greater effects that is going to have thisIn the theme of the water. Why do we worry about the theme of the water? As ASOCARS are involved of full in this theme. In some previous tenders, as in that of the plant of water processing of the Salitre in Bogota, of which the CAR did not participate, now herself this saying that this should close without keep in mind the effects in the water of the river bogota. Another case would be that of who assumes the costs by the contamination of the water utilized for the generation of energy in the Muña. The reservoir of the Muña is highly contaminated because themselves not the competences for the care have been delimited and the descontaminación of that water. ASOCARS has been witness of how the old departments of development and of environment, they entered conflict of institutional type, also conflicts among the prestadores and the users of the service of water. 22

In turn the vengeful rates themselves cannot become an instrument to build plants of processing, neither the corporations can become businesses construction companies of these plants. This initiative goes in contravia of the fact of whom contaminates is who owes descontaminar and also goes in contravia of the original function of the environmental authorities. One must seek the trasparencia to the interior of the Autonomous Corporations, one must improve its agencies of direction, but what yes we cannot lose is what the country has earned in terms to have an independent environmental authority that can cross all the sectors of the country. In all the forums in which we have participated, the analysts have left something very clear, the reform in the sector of the water whether with a general law or with the law 99, cannot carry to confusions among the regulator and the regular one. The environmental authorities, the corporations just like the viceministerio of the environment, has as characteristic head office the to be dedicated exclusively to environmental themes and as such himself not that model can be lost set against what exists in other parts of the world. Because of it, the autonomy that defend of the corporations is a technical autonomy, dedicated to the regional management of the environmental management, this autonomy permits to be above private or regional interests of different actors, the environmental criterion prevail that permit the exercise of the sustainable development. ASOCARS, has opposed to the government bill to modify the law 99, since we think that this project should prompt the decentralization of the environmental activity but not to put an end to the autonomous corporations, since the unique thing that justifies that they be autonomous is the environmental management. Our worries to near the law of the water is that it be a law that should collect the present situation of what it occurs with the water in the country. We are a country of regions and we collect of positive form the initiative to carry these debates to the regions so that all we have the possibility to participate in you said forums. Also it worries that it be given field to the different perspectives that have been working on the theme of the water. It is a pioneering effort, to try to unite 23 environmental perspectives with perspectives of development to achieve that that has been proposed in our constitution as the sustainable development is it. The law the water should articulate efforts and dispersed laws and we from ASOCARS we are willing to help to develop and to work as a group with the Congress of the Republic and with the different companies. The government bill 195 creates some concejos of the water that as mechanisms of participation are excellent, but inside its functions are some own of the corporations. The weight that is given them to the concejos desinstitucionalizaría the function that at present perform the authoritiesEnvironmental. It should be studied as are going to enter to flow the plans of basin with the POT´S, with the effort that has done the country with the regions echo construction, with the plans of regional environmental management, etc. The call that do when we ask that these aspects in the government bill be carried out is simply a call so that any reform that be done to the environmental system contemplate a study and an evaluation of an I diagnose integral environmental of the country. Also the department of the environment should look at themselves, be taken into account the efforts carried out by the industrialists, should be evaluated that it has passed with the regional politics. The theme of the water should look at himself since an integral perspective that leave sideways no sector neither no national actor.

Carlos Manuel Blacksmith ANDI (National Association of Industrialists)

The businessmen we consider to this theme of vital importance for which we comment them our position with regard to the same one. The sustainability of the resource this intimately tied with the business viability: without water there is not industrial activity. We are worried and compromised with the resource. The ANDI is the national only guild in subscribing this cleaner statement of production and the first one in Latin America in doing it. One of the important 24 themes in the water is its efficient use, there is a commitment for it to work in the theme of the efficient use of the water. Another important theme is that of the reduction of the contamination. The member industries of the guild have done a great effort to reduce the organic contamination in a 81% in five years. Nevertheless, is clear that the quality of the river Bogota has not improved. A question that is born is as we should handle the descontaminación in the cities of way such, that the industrial effort that should continue, be reflected in the quality of the resource. In Bogota, for the year 2001, the 5.7% of the contamination was of industrial origin and the 95% was contamination domesticates. This is a challenge to redefine the management of the descontaminación. We recognize that it one must continue improving, still it there are many more factors and it fear that the productive sector it should head for and other standards that should improve. Nevertheless, we have a structural problem that a lot of silver is worth ourselves as Colombian; nowadays we do not have clear as descontaminar the cities in the industries. If we aim at it a great plant of processing financed with the resources of the industrialists, or if each industrialist should build its own plant of processing. That it is not clear in the norms because our norms and our legal framework what has is the conception that all we throw away it to the rivers. The industrialist does not know if the resources that has to invest is given them to the District to do a great plant or if is built business by business. The diagnosis is that it exists a Certainty of the abundance of the resource, though its distribution is not the most convenient one, there is consensus of the reduction of the offering of the resource and limitations by the contamination, there is a prediction of local crisis with serious economic, social, and environmental impacts. We are in an opportune moment for a law framework that order the sector. The ANDI was the only guild that participated in the conference of Johannesburgo of the Land and we have followed doing the monitoring to certain tendencies. The main challenges in the international agenda are:  Challenges set against the quality and to the welfare. It is spoken of satisfying basic needs, of protecting the ecosystems, of satisfying requests 25

of the cities, of assuring the supply of food, of Promoting clean one more industry, of utilizing the energy to cover the needs of development.  El Second fear that they handle in the United Nations is that of challenges as for management of the resource, more toward the institutional theme. This challenge is bases on to reduce risks, in generating a management integrated of the resource to share the water, in identifying and to value the multiple facets of the water, in diffusing basic knowledge: a collective responsibility and in administering the water of responsible way. These themes of the international agenda give us the parameters that should continue in the creation of a law framework of the water. That we have nowadays. We have about ten norms on the consumption, on the contamination, on the basins, on economic instruments (rates, obligatory investments), on public utilities, on the marine middle, etc. Besides we have several politics. There are some features of integral politics of the water of the year 1996-1997 that have not had the effect desired. There are laws of code, sectorial norms, COMPES of descontaminación. We have an institucionalidad new with a union of the theme of environment and of public utilities that presents new challenges and that requires integral one more management. Our hypothesis is that more than absence of instruments, himself evidence a crisis of governability and serious limitations in the focus of the management. The focus of management of the politics should continue a clear course. It begins by identifying a problematic environmental one. Then it is defined the politics that is going to face the problematic one. Ours political are not stable. Each plan of development involves new programs. We appreciate the difficulty for the regional authorities for complying with politics that each four years change. While are conforming the teams already there is a new politics. We do not have a politics of State on the theme of the water, do not we have a politics of sustainable development. Another of the themes is that in other countries, besides that the politics exist, goals exist. All it is handled with values. Some countries established its politics does more than two decades and today continues implementing the 26 same politics. We do not have figures to see if are complying the purposes and goals cuantificables with the economic capacities. Then a selection of instruments comes a design of implementation and a very important part, every politics should have a guideline that indicate its structure implementing it. In Colombia the norms are sent off but not even a document exists that indicate as is going to implement itself neither who is going to do it, neither as is going to finance itself. The greater restrictions of what we have set against the international focus as for the management are among others a absence of a politics for integral management of the water (offering and demand of all the sectors low a single vision), the absence of quantitative goals, a break-up of the existing instruments (for example, the use of the land and the water to seem not to have relation with the themes of code), an implementation plans absence of the existing instruments, the existence of limitations by the lack of associated indicatorsThe management and the performance, the absence of evaluations on the effectiveness of the politics and the instruments and lack of effectiveness of the institutions. Finally we identify some priorities that has seen the ANDI set against this theme. The first one is that the productive sector demands clear rules. Therefore we believe that the general law of the water and the reform to the law 99 should unite their aspects that touch the theme of the water, or to remove it of the reform of the law 99 and to include it in the law framework of the water. Besides this, we consider that it is owed count on a politics of State for the integral management of the water with the active participation of the sectors interested, improving the governability of the entities executors of the national politics (CARs, aau, municipalities), by another side should be put in practice a management integrated of the water resource with extensive participation of the users (plans of code and management of the basin) this tool is very important in the international agenda and should be complemented with the unificación of all the existing norms set against the resource and we should articulate theExisting. Handling the in a way efficient resources so that we achieve the major impact with our investments. 27

Cristian Stapper Buitrago Director of the CRA (Drinkable Water Regulation Commission and Saneamiento Basic)

Since the CRA and the national Government we see with special I please the formulation of a project to create a law for the drinkable water. Keeping in mind that Colombia is one of the few countries that does not count on a special legislative development for the theme, we see the quite ambitious government bill. With respect to the continental water, is indispensable that be studied with greater depth the theme of the water for agricultural use that the experiences of other countries they keep in mind themselves especially the experiences of the United Nations in the African countries. The possibility of reuso of the water for to be utilized in agricultural uses. With respect to the state of users also treats in the project that was remitted us, is important to do reference to the participation of the community, not only in the regulatory theme but in all the work related to the sector. Normally in Colombia it has been given a lot of importance to the participation of businesses in the theme of the drinkable water, but little has listened to the users; therefore since the CRA understand that we should comply that work to generate spaces of discussion between users and businesses. The theme repeated by the sentence Nº C-150-2003 of the Constitutional Cut, that does part of the projects to be advanced for the CRA, should give solidity inside a government bill of the water. The forms of participation of the users, as are the interventions in the public audiences, as should be should keep in mind for the regulation with common base of the one that are speaking for all the country and as should appear before the interests of the businesses that are likewise valid. With respect to the economic state the environmental rates specifically we recognize the many debates that are being produced. We know the problems, the objections and in that sense the CRA offers through the Department of Environment, Dwelling and Territorial Development the possibility to advance a 28 study with resources that the CRA obtained through donations of the embassy of the United States specifically to measure the economic impact of the environmental rates. As for subsidies I believe that it there is full certainty with respect to that that is one of the main environmental problems that at present have to suffer businesses and users. It should be revised the theme of transfers, that is to say of the resources originating from the general system of participations. Also the initiative set against the rational use of the water interests us that only is not referred to the agricultural use as had mentioned it previously. The CRA has inside its functions, to determine which is the basic consumption of the Colombians understood this as the indispensable one for the development of the daily activities in residential use specifically. This use has been definite as 20 M/ cubic. We are developing diverse studies that will be discussed with the community on the need to reduce in some cities the basic consumption. In Colombia itself not neither to legislate neither to regulate neither to send off decrees without keep in mind the differences of regional character. Colombia is a quite diverse country therefore we should create our own form of regular without copying forms of other countries that are inapplicable to our case. In the theme of basic consumption we have done some quite important studies to differentiate the basic consumption in zones calidas, tempered and cold. To what they went directed these words is to leave in clear that the CRA and the disposition of its members is to support the legislative initiative to debate open the technical criteria on the amended that the right, referring me to the legal norm in force should not be escorts of the reality but very to the contrary heralds of this. The law should be anticipated to the problems of the water resource, to the ones that are being shown in other parts of the country and that already are being detected although they are seen as distant for many. 29

Captain Mario Palaces CCO (Colombian Commission of the Ocean)

The marine water is an essential element in the process of a national law of the water. I am going to do an introduction so that they know that it is and that does the Colombian Commission of the Oceans. And I clarify the role that should play the oceans in the development of the country. The Colombian Commission of the Ocean is An organ intersectorial of advising, consultation, planning and coordination of the National Government in matter of National Politics of the Ocean and of the Coastal Spaces and its different environmental economic, technological, scientific, strategic, and connected themes, related to the sustainable development of the Colombian seas and its resources. The main functions of the commission according to the decree 347 of 2000 are: Proposing the National Politics of the Ocean; to be forum of coordination and integration of the sectorial politics for the use, development and conservation of the spaces oceánicos; to assess to the National Counsel Science and Technology in the definition of politics and priorities of investigation and development; to coordinate the mechanisms of International Cooperation in matter oceánica; and to serve of Point Focal National Technician of International Agencies. As for the composition, belong to the Commission the Vice president of the Republic, who presides it, Eight Departments (Foreign Affairs, Defense, Agriculture, Environment, Mines, Education, Transportation, Commerce), The Director of the National Department Planning, the Commander of the Armed National one, the Maritime General Director, the General Director of Consciences, the President of ASCUN, a presidential delegate linked to the Marine Productive Sector and a presidential delegate linked to the ONGs of environmental character. Additionally, we have a system that permits a greater participation of all the actors that be considered pertinent in the theme of the management of the ocean and connected themes that are the national technical committees. These are Organs 30 advisors of the CCO, through the Executive Office of the secretary, established with permanent character, in order to studying problems and to present solutions on specific aspects related to the ocean, framed in the Strategic Lines of the LPNOEC. Among these committees are the Technical committee of Tsunami, the committee on the phenomenon of the Boy, the committee of the COI, the committee Efrén, the legal committee (the which is responsible for harmonizing all the norms that have to see with the sea and with the marine water. Therefore seems of great importance our participation in the elaboration of this government bill. This besides the technical committee of culture and marine education and the technical committee of marine contamination. The 50% of our territory are maritime and insular areas that today are not integrated to the national development. We since the commission assesses of the government we have been in the task to incorporate these zones. That that 50% it be integrated conveniently to the national development. The area that have in the Caribbean is 530,000 Km2. We have border with various countries that almost are always forgot because we do not limit with them through terrestrial borders. These borders are very important by the type of bilateral relations and everything that implies as for theme of protection and the management of the water resource. To level of the Pacific, we have an approximate area of 350,000 Km2. without closing in the south part. Since the point of view of the Economic opportunities of lyou Oceans and Zones Coastals As for the uses not extractivos. There the human Settlements are found, that generate problems as for the availability of water, or the natural risks, the harbor development with all their opportunities and problems, the trasporte, the commerce, the shipyards, the tourism, the recreational navigation, the parks and reserves and the industrial settlements. All these they can be large opportunities of development if are utilized in a way efficient and keeping in mind the sustainable development. Likewise as for the uses extractivos have the different types of fishing, the mining industry, the desalinización, the hydrocarbons and the other sources of not conventional energy. 31

As for the problematic one we find the erosion, the deterioration of the ecosystems, the floods and the natural disasters, the contamination and the change of the level of the sea. Besides we have Incompatibility of uses lawful, the tUrismo, the management of Ports, the Town planning and the Industry. Other problems related to the density of population, the capacity of load, the Territorial code, the valores cultural and historic and the risks for the sPublic avalanche. The main contribution of the commission is that it devised a National politics of the ocean and the coastal spaces PNOEC., which is compatible in its principles and features to the eventual that appear the a general law of the water. The Features of the National Politics of the Ocean and of the Coastal spaces – LPNEOC - they were adopted by the Colombian Commission of the Ocean in July of 2002. The document contains the diagnosis of the present situation, as well as the strategies and the responsible companies for their execution. As preceding to this politics we can mention the Plan of Development C and T of the Sea –1980 (CCO-DNP – COLCIENCIAS), the Plan of Development of the Coastal and Marine Resources of Colombia: An evaluation – 1984 (DIMAR-WHOI- CCO), the Plan of Development C and T of the Sea – 1990-2000 (CCO-DNP- COLCIENCIAS), the National Seminars C and T of the Sea: since 1977 until 2003. (CCO - COLCIENCIAS – INVEMAR - Universities), also the Plans of elaborate Sectorial Development by the respective Departments and companies of planning, the Documents CONPES relating to activities of the marine sector. In 1997 the Document Bases for a Politics of Coastal Zones – (MMA) and by I finalize an Environmental National Politics for the Sustainable Development of the Spaces Oceánicos and Coastal and Insular Zones – PNAOCI Dic/2000 (MMA). The politics that existed before these features were sectorial, politics of almost all the sectors. It lacked an articulation. That is the main challenge of the Politics - and of the CCO - It is to handle the lags and mismatch among the sectors related. The main objective is to seek the integration. The sea is not a división geográfica but an element integrador that requires a special processing jurísaying And administrative. Because of it, it is done necessary a multidisciplinary and interinstitutional focus, base of the PNOEC. The Political it is the product of a 32 collective agreement generated by the CCO, from the respect of the work of the diverse companies involved and the need to integrate efforts and wills. I stand out the lines in which this divided ours political that can be of great service for the construction of a general law of the water. The first one has to see with the territorial development. The features of politics contemplate aspects of Territorial Code, of Prevention and attention of disasters, without forgetting the Drinkable Water and saneamiento basic. Some empty that see set against this theme are the lack of a New Law of Territorial Code Dwelling and Coastal Development, a mechanism of Prevention and Mitigación of Risks of phenomena as the TSUNAMIS – The Boy – PNC. Another strategic line has to see with the economic development. In this we include the Marine Mercante, the Maritime Transportation, the Ports and Naval Industry, the Fishing and Acuicultura, the Tourist Industry, the management of Minerals, Hydrocarbons and Energy Alternatives Sources. The empty in this line serian the lack of a Regulatory nature of support to the marine one mercante and to the harbor development, the strengthening of the naval industry, the promotion of the ecological tourism, and the support to the scientific investigation. Another line Strategic treats on the preservation of the environment and of cultural patrimony. Themes integrate it as andCosistemas, coastal and marine areas protected, the biodiversidad marine, species threatened, the control of the contamination and preservation and administration of the historic cultural patrimony. In this theme are seen empty as for the Sustainable development, to the management of the cultural patrimony, the scientific Investigation and the protection genetic resources. Another is the lÍnea strategic on formation of human talent and capital stock. This knows on the Strengthening of the capital stock, the Strengthening of the human capital and the Strengthening of the maritime conscience. They are found empty in themes as the Education in themes of the ocean, the Recovery of cultural identity with the sea, the recognition of the ethnic groups and the improvement of the quality of coastal life. 33

Another is the línea strategic of Maritime Institutional development (to Be able Maritime). It touches themes as the strengthening of the naval power and of the maritime authorities. They are found empty with regard to the Security and National sovereignty, the Border Zones Development, the bilateral Development and the Control to the drug trafficking. As conclusions wanted to emphasize various themes. Law of the water opportunity to claim participation and State presence in the coastal and maritime sector. Also the insertion of the potential of the coastal and marine water to the national development permits us. And it contributes to the fulfillment of our commitments with the National Government.

Astrid Álvarez ANDESCO (national Association of businesses of home public utilities and complementary and inherent activities)

Today represent I the 27 businesses of water of the country that this affiliated to ANDESCO. Since our company we have come studying above all the effects that has had the theme of the utilization of the resource in the businesses of public utilities for the human consumption. It is of our greater interest that this law leave of way studied and that the theme of the human consumption remain in a special chapter in the law. ANDESCO is constituted like a corporation of private right without spirit of gain, of common interest, whose main purpose is to serve of middle of cooperation, in tries to reach the excellence in the installment of the home public utilities. As part of the diagnosis that recognizes ANDESCO, today there is a fHighly of Consensus on the principles that should guide the administration of the water. Some factors that impede that lack of consensus are decentralization disorganized, the lack of economic efficiency and competitiveness, lack of equity and of coordination on the administration of the resource, lack of participation of the users, not respect of the unit of the basin and of the hydrologic cycle exists, neither transparency. 34

Another problem is the Regulatory dispersion. This means, diverse regulations, since different ópticas present conflicts above all in the theme of the public utilities. Among them are: Decree 1382 of 1940; (Aprovechamiento Water of Public use), Decree 2811 of 1974 (Code of Natural Resources), Decree 1541 of 1978 (Concessions and Access to the use), Decree 1594 of 1984 (Uses of the water and standard), Law 99 of 1993 (SINA), Law 142 of 1994 (public Utilities), Law 373 of 1997 (Efficient Use of Water), Decree 901 of 1997 (Vengeful Rates). The institutional disorder also been present and us full to adhere various problems, among them the fHighly of planning and break-up in the administration of the water in all the territorial levels, inclusive to level of basin. Today not a computer of the basin exists. Several companies comply desarticuladamente its function with its own interests. Lack of a regulating entity specialized in the efficient updating of the regulation of the water. Today there is not a market of the water in Colombia. It lacks of coordination among the several companies that do administration of the water (regulation, monitoring, control, aprovechamiento), confusion of competences among CARs, municipalities, CRA, DIMAR, UAESPNN, various departments, users and prestadores of the service. This theme of the consequences should do part of the national law of the water who define who are the responsible for complying each step in the management of the water. Sectorial vision of the administration of the water (agriculture, acueducto, mining industry, etc.) Weakness of the institutions responsible for the administration of the water. The fourth point that find in the diagnosis are the efficiencies of the rights to the use of the water. Here we find themes as the highly costs Of transaction to acquire and to modify the rights (of aprovechamiento and vertimientos). An excessive one inflexibility for the change of use or of user of the rights, besides a imprecision On the rights of the holders of permission and concessions. On a same basin many permission are given and concessions in different interim of time, and all the users we do not know what this passing. In the theme of the code of basin, we would owe all to have clarity on to whom are given it the concessions 35 inasmuch as time, all we have responsibility on the basin and besides the right to know to whom concessions in a qualities give it and in other. Another of the themes that presents falencias is the lack of mechanisms for resolution of conflicts. Different conflicts as the conflicts macro: for example, businesses of energy, of acueductos urban and districts of irrigation. The Conflicts micro: for example, between farmers and rural homes in microcuencas. The lack of instances for the resolution pacifica, efficient and efficient of the conflicts on the use of the water. A not devious and agile mechanism should be established avoiding the demands, or subsequent conflicts that to all cost in legal expenses. The first conflicts macro try them to resolve the judges, the second micro by ways in fact. Another problem that should keep in mind inside the diagnosis is that of the problem of the rates of contamination and aprovechamiento. The lack of clarity in the methodology of the estimation of the rates. Until today the government has not regulated the theme of the rates for lack of technical studies and in agreement among the institutions in charge. Themselves not the technological and institutional differences of the users of the water are recognized. Itself not the investments in the protection of the basins are recognized. The concept of the rates is devaluated as economic instrument and is transformed into a tool of financing of the Regional Corporations. The rates should not be used to finance to the corporations. They should be used to protect the region of the basins. Today we do not see this with clarity. Besides the destiny of the resources does not always correspond to the objective (Administration of the water) of the economic instrument. It lacks of participation of the groups of interest in the priorización of the investments. It lacks of correspondence among the system of rates and the tarifarío: financial deterioration of the businesses, the final user does not receive the sign. Ours proposed is the creation of a Law Framework of the Water that contain the following themes: that define the principles of the administration of the water in Colombia; that generate a legal framework ordered so that all the sectors have 36 clear the regulatory nature with regard to the use of the resource; that determine the roles of the controller and of the users set against the water; that I created a frameworkBesides that it assign with clarity the rights and responsibilities of the users of the water; that believes mechanisms for the resolution of conflicts; and that generate efficient economic incentives and transparent, more not financial, for the use and the aprovechamiento of the water. Based on the previous thing we suggest the creation of a national system of administration of the water under the principles of: Decentralization, Subsidiaridad, economic Efficiency and competitiveness, Equity and Coordination (of the different entities that act on a same basin to invest of way ordered the resources and the Participation of the users. They would form part of the system the national commission of the water with the participation of all the groups of interest. The counsels of basin with the participation of the prominent local actors. The mechanisms of conciliation and resolution of conflicts. A system of rights to the use (contamination) and to the aprovechamiento of the water (concessions), that be efficient and flexible. All the previous thing under a clear, sustainable financial plan in its priorities and that present correspondence among the sources and the destinies of the resources. It should be left sideways the individual interests and propender by the quite general one in a theme of so much importance as is that of the water.

Camilo Polanco Towers Rector of the University of the Tolima

This theme is of the greater significance and of the greater importance. The value of the water is inconmensurable nowadays. But the value of the water in the future goes has to have important one more consideration than any of the energy elements or that any of the vital elements for the sostenimiento of the man. In a future is going to present an atrocious competence set against the needs and use of the water. Is not in Colombia only goes has there to be a competence of 37 international kind. In a future the water is going to be worth gold and this country considers it abundant way today and already begins to have restrictions inside its use. The concomitancia that exists among this Law framework of the Water cannot be set apart of a concomitancia direct with the one that is also being discussed in the congress on the Territorial Code framework law. As this the it nail inside of that of territorial code that to the end and to the tip is the extensive panorama of the use of all the physical resources in favor of the stability for the life of the man, of the stability for the regions of its dynamic operation and of its development. I believe that it there is not neither a single community that itself be not tied umbilical to the part of its sostenimiento with a current of water. And the regional corporations up to now have not undertaken as fear head office that episode that comes itself us over how regulate the use of the water with a fundamental question, one the human participation. This element not this included in this framework that have delivered us. This participation should go tied to an educational effort not only of the care of these resources but in all the process. Alone thus the contamination will be avoided. All this revolves fundamentally with the new plan of development. The common social state at this time that is going to do around this nail special. There is an approach which says that the common State goes to privilegiar the regional autonomy with the participation of the community. But the form of as is going to participate the community should have a special chapter. And the other is the one that privilegia the regional autonomy. It is not going to have neither a single municipality that be not going to have that to see with the regulation of the water. These acápites special should remain contemplated in the law that is going to order the management of all these resources. There is not no concejo in the municipalities that treat specifically the theme of the water. Do we have a plan of analysis of what are the corresponding elements for the future plan of development of the Colombian community, with the analysis of how has to be focused the part of the sustainable economic growth, the construction of the social equity, the renewal of the public administration for effects of the sustainable development and of the management of the water. All this will impact 38 in an enlargement of the democratic sense for the development of the community. This it is ours contribute since the academy for the process of construction of the law of the water. It is vital to unite the law of territorial code with that of the water but tied to the educational factor for the participation citizen.

Camilo Holy Director of Environmental Politics of Cundinamarca

Inside the politics of the environment with regard to the grounds acquisition politics in Cundinamarca is presented at this time as leader in the nation. We aspire in order to year to have acquired some 10,000 hectares in areas of strategic ecosystems, besides ourselves we are not limiting only to acquire the ground but we are initiating a process of delivery for the administration of these grounds. To whom it delivers, to the civil company organized. It is not only to deliver them the ground. We are qualifying them in the management of these grounds, one must returning it agent, one must causing to understand that what is being delivered a source of wealth is them. Toward future the theme of the water has an impressive potential. To level of protocol of Kyoto also there are many expectations set against this theme but implies to clarify many things, but to that community itself this fortifying, and are we to level of Cundinamarca generating a model to deliver the administration of these grounds including a commission of success that does an accompaniment during a period of time where is guaranteed that the community already is in the capacity to be able to doSelf-management and not to be limited to expect the moment of the arrival of the resources of the State or the private investment, but they same become the search engines of solutions to their problematic one. Second, in the theme of the law of the water, is important that not sólamente should they destine the resources of rates to the part of investment, but is important to investigate. In the world, if one does an analysis of the biodiversidad no longer is considered to the forest humeado tropical as a Hot Commercial or as one of those points that are calling the attention. Nowadays we are centering 39 ourselves in the pair. These they are very little investigated, to do a reforestación or to enter to intervene in pair without having the adequate knowledge, is going to generate to future problems. The reforestación that we do not alone in pair but in the basins one must revising it. With the investigation also we achieve internacionalizar the páramo. This situation permits us to acquire resources, these not alone originate of the State, one must seek resources outside, there is NGO´S with people that can support investments but that they have a solid base. One must create a culture of the water. Also it should be spoken not alone of the quality of the water but the quality of the service. The continuity of the same one. Our municipalities with a week of summer already see interrupted the service. The corporations to should stop being judge and part. Not on the one hand be like environmental authority and by the other to be building plants of processing to later intend to deliver them to him to the municipalities and then to sanction them for evil operation of the same plants. One must redefine the functions of other companies as the government. One must promote an administrative unit. Is not possible that exist a viceministerio of environment and that to level of government five exist or six companies one of dwelling another of public utilities, another of drinkable water, a secretary of the environment. One must seek that administrative unit Nation- Department-Municipality. Second one must take advantage of a setting as the table of regional planning. In the region between Bogota and Cundinamarca itself this speaking already of the main ecological system. One must enter to speak of region and to seek regional solutions. This theme should be included in the law of the water.

Fernando Leiva Planning Office leader of FEDEGAN (national Confederacy of cattle Raisers)

The importance of the water resource in the stockbreeding is indisputable. We are a great plaintiff of the resource to industrial level. We are compromised with the adequate use of the resource in the plants of sacrifice in which we participate, we are example to national level in the residual water management theme, gaps of 40 sedimentación and all the environmental regulatory nature that is required, and in that we ask to the government that accompany ourselves causing complying the same regulatory nature to all the plants of sacrifice. In the primary link do not only we consume the water to animal and human level but logically to level of irrigation where we would be able to think that are the greater levels consumed. And it is there is where we leave declares our worry in the theme of rates by use of water. We are concientes of the need to preserve the resource, and therefore we recognize the importance of the rates as necessary economic instrument to conserve it, what we intend is that there be a crossing of accounts. As cattle raisers, under the tax predial, we participate in the financing of the corporations and in that of the natural resources. There we are contributing part of the resources to preserve the resources in our regions. Additionally, by means of the implementation of systems sicopastoriles that is to say combining forests with stockbreeding inclusive with agriculture, we are participating also in the offering of the resource, we are offering to preserve the resource, then is important to do that crossing of accounts. Only be not passive to level of the taxation, but be recognized us as participating of the offering of the resource and thus same of the representation in the instances in charge in the administration of the resource. To level of institucionalidad add to the importance of ONE MORE institucionalidad transparent, more efficient. Because if we are concientes that causes lacks impact to level of the management. We believe that the private sector can have greater representation in the breast of the concejos executive, we believe that they should be retorted some positive experiences of corporations in other corporations, we believe that this law framework should permit to create that institucionalidad but efficient. We did some calculations in FEDEGAN on a possible impact of the generation of the rates of use by water and would be able to affect some three quarters parts of the net margin of a productive system. At this time one of each ten cattle raisers utilizes irrigation and if we speak of systems specialized like milk, one of each three utilizes irrigation a third part of the year. The cattle raiser is going to leave to water if he to stops watering goes back considerably in which is the seasonal offering of the resource, we will have problems of market, problems of 41 sobreabastecimiento and subabastecimiento. The call is to that we keep in mind the possible impact in costs of production. With the entrance in force of the RAZORBILL, we are going to compete with countries cattle raisers of the size of Canada, United States and Mexico, subsidiadotes in great proportion and countries with tradition cattle raiser of the size of Argentina and Brazil. We believe important to have very in account this, because if we affect too much these costs of production we will have problems in generation of employment in sustainability in the systems of production.

Framework Tulio Thorny Member of the Colombian Network of Environmental Formation

For us the environmental term itself does not be able sectorizar. We find that it thinks the environmental thing as a sector while we continue thinking thus our actions go to obviar that the environmental thing is cross street to all. And in this case the water is cross street just like the education. It is said that the SINA we are all but none we do for all. Always we mark for our interests and needs. Inside that framework we question ourselves as the territorial organic law is going to integrate itself and the law of the water. Likewise as it is going to connect themselves with the project of the law of reform the law 99 and the form of how those responsibilities are going to distribute themselves. Since the Colombian Network of Environmental Formation that we are constituted basically by institutions of higher education and institutes of investigation of the SINA, as we link ourselves. Fortunately they have given us the opportunity to attend these forums where we can express what we are thinking. For us the water can be an articulador or a desarticulador of a region. We speak of the value of the water, the value in pesos of what costs ourselves in comparative terms the water set against any country in Latin America. Our prices are far above the of the remainder. Thus is impossible to compete. In the management of the plans of territorial code, in the Sabana of Bogota was spoken to defend and to cultivate it proposed in the law 99 and in the National Constitution. It thought 42 himself about creating an acrópolis, or a region agropolitana. The fact is that never it thought herself about these projects with which they should count on the water, to produce in the farm sector. The productivity requires of resources as the water. On the other hand, investments that has done the community that has generated their own acueductos and the alcantarillados, they were transfered at any moment or is seen they gave and them they were delivered to international businesses so that the usufructuaran. Would be worth while repensar these models not only around the acueductos. Another theme are the processing of the zones boiled. The investment in the plants of processing of the residual water have not given the results expected. It is spoken also of the prevention and attention of disasters. The costs of the attention. We should focus us more in the prevention that in the attention. It is a lot more economic but the prevention requires of too many fronts of work, one must enter to prioritize. Finally it left for service of this forum and as aid to the law of the water, the participation of the Network, composed for more than 125 institutes of all the country framed inside the SINA. We seek the linkage of all the system.

Oscar Bernal Director of the Environment of the Department of Boyacá I speak them of a series of works that have come carrying out in the department. Some two years ago I am constituted a group that I am called the group of the water. This group achievement to approach the different companies and has come working on many of the themes that today have come itself treating. Has managed to work on competences and responsibilities of the different institutions. Other important themes are the use and the aprovechamiento of the resource, but you’re welcome serves if we do not achieve that the water offering be maintained. I arrive at a great conclusion and is that it should work itself for the microcuencas. So that these they subsist should be guaranteed that the water descend. But so that this descend the resources should rise. A good investment in the management should be done and investment of those ecosystems of highly mountain. It is of there of 43 where the water originates, and there multiple conflicts are found, not only by the use of the water but by the use of the floor that is translated in enlargements of the agricultural border. That enlargement goes in detriment of those ecosystems mentioned. We should work with the communities that there are found written down. If themselves it is not involved to the communities we will not achieve significant advances. It is priority to take into account the concepts of these populations or businesses. In the thematic proposal not state areas for this type of protection appear.

Nancy Patrician Gutiérrez Representative to the Chamber It given that already we have finished with the interventions of the conversatorio are going to give it for finished thanking once but the participation that you have had you in this exercise of participation, we expect that really all contribute them that we have listened in the day of today they can do part of the process of the preparation of our government bill of the Water. Surely who we are directing the process in some moment we did not have the sufficient attention, but the memories of the project will be studied to remove the conclusions and can be consulted for the different here present organizations. The doctor Astrid Álvarez very kindly has supported us not only in this process, but in the publication of a page Web that permit to be consulted by all her interested, we will have it permanently available to you during all the process to the expedition of the law. So soon we will be bringing to light the direction of the page with the I encourage that he be consulted we can go enriching electronically the process. Again thousand thanks and we expect that this he be the first one of many encounters toward the future.

1er CONVERSATORIO 44

NATIONAL LAW OF THE WATER

5 OF JUNE 2003 CAPITOLIO NATIONAL

MEMORIES

ORGANIZING NANCY PATRICIAN GUTIERREZ

PLANET INV.