Water Rights Along the Jucar-Turia Canal Spain- 2009

Gestion et Valorisation de l’Eau et de l’Assainissement (UTER GVEA)

Masters Spécialisés Hydraulique rurale et management des Systèmes Irriguée (HSI)

2008-2009

WATER RIGHTS ALONG THE JUCAR-TURIA CANAL SPAIN- 2009

Supervisors By group of four students and presented Wageningen University: Harm Boesveld by: Fidèle Tchossi MOUTOUAMA 2iE: Dr.Bruno Barbier

1 Table of contents PREFACE ...... 5 ACKNOWLEDGMENTS ...... 6 ABSTRACT ...... 7 Introduction...... 8 CHAPTER I: BACKGROUND ...... 9 I.1-Geographic background ...... 9 I.2-Economic background ...... 10 I.3-Legal background ...... 10 CHAPTER II: CONCEPTS AND THEORIES ...... 12 II.1-Water rights ...... 12 II.2-Legal pluralism ...... 14 II.3-Water access mechanisms ...... 14 CHAPTER III: METHODOLOGIE ...... 16 III.1-Problem statement ...... 16 III.2-Scope and Objectives ...... 16 III.3-Research questions ...... 16 III.3.1-Main research question ...... 16 III.3.2-Sub-questions ...... 16 III.4-Methods ...... 17 CHAPITRE IV DESCRIPTION OF THE JÙCAR-TURIA CANAL ...... 19 IV.1-Infrastructure ...... 19 IV.2-Modernization of Infrastructure...... 20 IV.3-Sectors...... 20 IV-3.1-Urban use ...... 21 IV.3.2-Irrigation ...... 21 IV.3.3- Acequia Real del Jucar ...... 22 IV.4-Instituional Setting for the Jucar-Turia Channel ...... 22 CHAPTER V: RESULTS ...... 25 V.1-First example: water distribution in times of sufficient water supply ...... 25 V.1.1-Reference rights ...... 25 V.1.2-Process of Activation ...... 27 V.1.3-Materialized rights ...... 27 V.1.4-Analysis ...... 28

V.2-Second example: Acequia Real ...... 30 V.2.1-Reference rights ...... 30 V.2.2-Process of Activation ...... 30 V.2.3-Materialized rights ...... 31 V.2.4-Analysis ...... 31 V.3-Third example: Droughts...... 32 V.3.1-Reference rights ...... 32 V.3.2-Process of Activation ...... 33 V.3.3-Materialized rights ...... 33 V.3.4-Analysis ...... 34 CHAPTER VI: CONCLUSIONS ...... 36 REFERENCES ...... 38 ANNEX 1: INTERVIEWEES ...... 39 ANNEX 2: REFERENCE RIGHTS BACKGROUND ...... 40

List of Tables Table1.1: Water rights in concrete terms P 12 Table 4.1: Constitution of Jùcar-turia canal P 19 P 33 Table 5.1: Water supply droughts protocols for the Treatment Plants of Picassent and Manises

List of figures Figure 1.1: Conceptualization of water rights P 13 Figure1.2: Conceptualization of legal pluralism P 14 Figure4.1: Jucar-Turia Canal P 19 P 20 Figure4.2: Sectoral categorization and use of water along the Jucar-Turia canal Figure 4.3: Irrigation communities: 14 right bank & 7 on the left bank P 21 Overview indicating the position and representation of the P 23

Figure 4.4: Community of Users of the Canal Jucar Turia Figure 4.5: Processes of concession P 24

PREFACE

This paper is the summary of one of three parts of the internship we did in Wageningen University. Indeed in our Master program in 2IE institute, it is required to do an internship and to present its report in order to be graduated. As far as we are concerned, we were received by Irrigation and Water Engineering department in Wageningen University. The internship was done in three different parts:

• Spain practical studies with all Master students; • Technical advisor for the writing of Morocco excursion Guide for Bachlor students; • Writing of PhD research proposal

The most practical aspect of this internship was Spain practice which was done in a group of four Master students.

The others documents related to our internship can be provided if it is necessary.

ACKNOWLEDGMENTS

All acknowledgments to God who help me to accomplish this Master as foreseen by him. May he be blessed.

First of all I would like to highlight that this work was done by a group of four Master students (three from Wageningen University and I from 2iE International Institute). My first thanks go to them for the good collaboration and the hard work we have done together.

I would also like to thank all of my supervisors both from Wageningen and 2iE for the assertive comments, advices, guidance and patience. Without them, this research would not have been done.

I am grateful to this opportunity 2iE has given to me as Master Student. By this internship I leant a lot not only about theoretical and scientific work but also about integration and practical work in the field.

I can not forget my colleagues of HIS program which gave me courage to manage my depart with all difficulties I met.

ABSTRACT

This study was carried out in Spain with goal to understand three concepts: reference rights, activated rights and materialized rights in water management along the Jùcar –Turia canal. Furthermore we wanted to see interaction between these rights; the main conclusions are the following:

ü In situation of sufficient water, agriculture sector received less than the amount of water it was supposed to receive from the canal according to concession and negotiation. Then farmer use informal ways to get access to water. ü In drought situation, water management in commit to drought commission which is in charge of wells management; all sectors receive less than they formal flow but agriculture is the most affected sector. ü Acequia Real is one of the sector which need to be study deeply. It receives its water right from traditional low. Here, reference water rights are influenced by lobby and power of this strong user.

Reference water rights are often ideal and different from materialized water rights. Activation processes are often negotiations, concession and power. Résumé

Cette étude a été conduite en Espagne avec pour objectif la compréhension et l’utilisation de trois concepts : « les droits de référence, l’activation et les droits matérialisés le long de canal Jùcar-Turia. En outre nous voudrions voir l’interaction entre ces trois différents types de droits dans la gestion de l’eau. Les principales conclussions sont les suivantes :

ü En situation de suffisance d’eau, selon les lois, tous les secteurs devraient recevoir la quantité d’eau prévue dans les closes ; nous avions observé cependant que l’agriculture reçoit moins d’eau. Ceci a conduit les acteurs de ce secteur à développé des moyens illégaux d’accès au volume d’eau dont ils ont besoin. ü En situation de rareté et de sécheresse déclarée, la gestion de l’eau le long de canal est confiée à la « commission de sécheresse » quia la charge du contrôle des puits cponçus à cet effet. Tous les secteurs reçoivent moins d’eau qu’en situations normale mais reste que l’agriculture est le secteur le plus affecté. ü Le canal Acequia Real est l’un des aspects qui nécessite des études plus approfondies. Il tient ses droits d’eau des lois traditionnels. Ici, les droits de références sont influencés par le pouvoir et la position sociale.

Les droits de références sont un idéal qu’il est difficile d’accomplir pour parler de droits matérialisés. Les méthodes d’activation rencontrée le long du canal Jùcar-Turia pendant notre étude consiste en négociation, concessions et pouvoir.

Introduction

Urbanization, industrialization and agricultural intensification are raising per capita water use. The population growth rate has induced the increasing of water demand while climatic changes affect the available amount of water. As result, water demand becomes more and more superior to the supply. This resource formerly perceived to be unlimited is nowadays scarce. As water becomes scarcer and access most often contested, societies are continuously looking for better rules to improve water management. Rights to water are increasingly crucial and contested across the globe. (Bryan Randolph and al 2005). Spain where this study is done does not escape to this situation. The climate is changing, becoming more and more dry (Nick BROOKS, 2006). Formerly agriculture was almost the sole sector using water for irrigation. Today, there are many kinds of water uses apart from irrigation such as industry, tourism and drinking water. Parameters such as reduction of the available amount of water and competition between different users oblige people to define rules for better management in the country. In Spain, water rights have been defined many years ago and since they are dynamics, they are still changing in order to be adapted to various situations. But obtain water a right does not mean to be able to materialize them as foreseen.

The current study is done to understand the formal rights, the materialized water right and see how they are activated in the context of Jùcar Turia canal users in Spain.

The Jucar-Turia Canal conveys water both for human consumption in the cities of Valencia and Sagunto, and for irrigation in agricultural communities along the canal. This research aims to analyze the differences between reference and materialized water rights of each water user sectors along the Jucar-Turia Canal.

CHAPTER I: BACKGROUND

I.1-Geographic background

This study was carried out in the Mid-East of Spain (the Levante) and more precisely in the Jùcar and Turia river basins. The Levante consist of two autonomous regions: Valencia and Murcia. The Valencia autonomous community (Generalitat Valenciana) comprises the three provinces of Alicante, Valencia and Castellon.

There are three important rivers basins in Valencia, from North to south: The Turia river basin covering 6,393Km2 in the northern Valencia; The Jùcar river basin in the southern part of the province originating from the mountains north of Cuenca City; The Segura river basin 19,525Km2, originating from Jaén and entering the sea south of Alicante.

The research was done in Jùca river basin and more specifically along the Jùca Turia canal. The climate is markedly Mediterranean, this is it suffers a prolonged summer drought period. The climate is manly classify as Csa (Köppen-Geiger) but there is also represented some areas as Bsk. The temperature is moderated by the close Mediterranean Sea. The annual average reached in Valencia and Alicante is 17.8°C. Trough, great differences can be observed with the catchment area, caused by: • Its North- South-extension; • The exclusion of the continental effects due to the mountainous chains limiting the system to the west; • The effect, of sea wind system in the coast; • The strong effect of contrasting exposition within the chains; • The different precipitation systems dominating, which are the west-winds in the west side of the catchment system, and the east winds in the coast and nearby; • The deviation of winds along the mountain chains.

In general terms, the precipitation is distributed as follows: in autumn nearly half of the annual amount is registered, in spring time a secondary maximum. In summer convective rainstorm events can be observed locally, but there is no generalized precipitation.

One of the main characteristics of the Mediterranean climate is pronounced seasonality of rainfall and the high interannual variability. The annual rainfall is indicated with 545mm. During the last years it oscillated between 285mm (2005) and 820mm (2007).

I.2-Economic background

Valencia region consists of an elongated territory, with a rather steep and irregular topography that has made communication and exploitation of the soil historically difficult, despite the soil being particularly fertile in the coastal plain. The connection with Europe is done either by sea through the Mediterranean, or by land trough Catalonia. The natural resources, as far as minerals are concerned, are limited to important marble quarrying industry in Alicante province. As for water resources, the demand is superior to the supply. The high insulation rate and overall stable weather which during summer may pose a threat to water supply for agricultural or human consumption, conversely allow tourism to be the main economic industry with a very high density of residence housing along the coast occupied by locals and people from other EU countries. Since the secondary and the tertiary sectors started to boom in 1960s, the agricultural has seen its relative importance reduced over time. But Valencia remains important for the country with the exportation of its citrus. The generalitat Valenciana generated in 2002 a total Gross Domestic Production [GDP] of almost € 71,000 million, which was equivalent to 10.5% of the Spanish GDP. Unemployment has recently increased and stood in 2008 at 11.7%, or slightly higher than the average rate in Spain. The major exports are agricultural product, ceramic tiles, marble products, and cars.

I.3-Legal background

Spain is composed of eight (08) hydrological confederations. In 1926, the hydrologic confederations were created to manage water resources in Spain. The reason for the creation of these confederations was to bring the national state management to hydrological responsibilities. Today, citizens, organizations and institutions make democratic decisions related to the hydrological projects in the region. In the past, the confederations were represented by an assembly, the governmental representation and two executive committees. In this assembly the agriculture and industrial sectors were represented. The Xuquer confederation is one of them. It was constituted officially on July 1989. Its territory comprehends the river basins that flow into the Mediterranean Sea. This confederation

10 integrates four Autonomous Communities: Aragon, Castilla-La Mancha, Catalunia and Comunidad Valencia. Nationwide, in 1985 the law 29/1985 [water law] rationalizes and guaranties water availability not only for the different water uses and users; but also, for the ecological equilibrium of the environment. In Spain water is considered as a scarce resource which is distributed irregularly. For the solution of such inequality, the National Hydrologic Plan [Law

10/2001, July 5th]1 was published as the top regulation regarding water use. This recognizes water resource as an available resource which use has to be planned in a rational way according to the environmental equilibrium. The Xuquer confederation contains fifty two hydrological units. The Hydrological Plan focuses on the use of water according to water uses and its equilibrium with the environmental flows. The water uses recognized by both the Water Law and the hydrological plan are water supply for the cities, agriculture, hydropower, energetic refrigeration, industrial uses, aquaculture and leisure.

1 The whole plan was highly controversial; the majority of North Spain was contra, the majority of South Spain pro. After the government became socialistic the plan was stopped, but it is not clear if the whole plan is stopped or only some parts of it.

CHAPTER II: CONCEPTS AND THEORIES

II.1-Water rights Throughout history the fugitive nature of water has posed conceptual and practical challenges to lawmakers. The vital importance of water to human activity is such that most societies and cultures have sought to establish legal rules over its use and allocation (FAO, 2006). At the outset it is important to clarify what is meant by "water right". The answer of this question is not evident since there is not universal agreement. Indeed, the term Water rights are used in different contexts and jurisdiction to mean quite different things (FAO, 2006). But the most frequent definition is that water right is a legal right to abstract and use a quantity of water from a natural source such as a river, stream or aquifer. This definition is equivalent to the operational water rights of Schalger and Ostrom, 1992. Indeed, apart from this kind of water right they define decision making-rights. In this study we focused of the operational water rights because of time. In order to understand what is include in theses two kinds of rights and above all, the operational rights, let us define them more clearly. Table 1.1 Water rights in concrete terms Operational water rights (access water rights) Decision-making water rights Right to use a part of flow • Right to take part in decision making about management/system operation • Defining details about water distribution, irrigation schedules flow, organizational pots and responsibilities Right to use the water intake and conduction • Right to take part in decision making about and distribution infrastructure inclusion/exclusion of members • Define who can and who can not be in the system Right to be eligible and occupy the positions in • Right to take part in decision making about the water users’ organization, and to implement changing or expanding the hydraulic system decision regarding water distribution and and irrigation technology system management • Right to take part in decision making about transferring rights to use part of flow , the source itself and the hydraulic infrastructures Source: Boelens and Hoogendam

Inside the operational water rights, three kinds of water are distinguished in this study (following the categorization of Boelens and Hoogendam ed., 2002)

Ø Reference water rights

Reference rights are formal rights instituted and formulated under state law. Reference rights are mostly backed by the rule of law and have the authority of the state, but also region wide reference rights exist. In fact reference rights are that rights people within principal water sectors recognize as standard.

Ø Materialized water rights

When reference rights are activated on an everyday water use level, they always materialize in a certain way according to many situations and become that we call materialized rights. These materialized rights are the actual practices of water uses and distribution and are normally ‘authorized by routine’ [Boelens and Hoogendam, 2002]. Practices and water distribution at the farm level differs from formal rights depending on the social, economic and political powers of the different sectors.

Ø Activated water rights

Between the two levels of rights [reference and materialized rights] are the activated rights ‘which refer to the process of transforming reference rights into operational rules and procedures […]’ [Boelens and Hoogendam, 2002, p. 80].

Meinzen-Dick and Pradhan [2005] explained water rights as a ‘bundle of rights’ rather than an exclusive right to a share of water. For these authors, this bundle of rights include several types and levels of rights: use rights to access and withdraw from the use; decision-making rights to regulate and control the water use and users; and usufruct rights to earn income from the resource, for example, governmental agencies that collect revenue from water users, or individuals and communities that earn income from others who use water. The conceptualization of water rights as reference rights, activated rights and materialized rights will be used to scope the research. Reference water

Activated water Process

Materialized water

Figure 1.1: Conceptualization of water rights

II.2-Legal pluralism

Meinzen-Dick and Pradhan [2005] explain that any social field (ethnic, village, group for profitable business), can generate and enforce rules. Thus, it is possible to find various kinds of water laws such as state law, religious law, customary law, project law and organizational law. “The coexistence and interaction of multiple legal orders within a social setting or domain of social life is called legal pluralism” [Meinzen-Dick and Pradhan [2005:239]. For these authors, the interaction and influence of the different legal orders in specific contexts [i.e. courts and every day life activities] depend on social and power relationships between the claimants of the different laws. In fact, legal pluralism is the mixture of different laws. How the different levels of rights exist depends much on the access rights the principal water sectors have. The right they have can be gained by the sector itself or can be granted from higher authorities.

Market Law State Law

Projet Law Legal

pluralismm

Traditional Law Religious Law

Figure1.2 Conceptualization of legal pluralism

II.3-Water access mechanisms

Mostly actors use different mechanisms to obtain water rights. The enforcement of each mechanism depends in the recognition, legitimacy and power of the authorities that regulate the mechanism. In legally complex situations, mechanism can be perceived and put into practice differently by each user. There are, for example five mechanisms for accessing water rights in peasant systems in the Andes, which might give us some insight of water rights access in the Jucar river Basin in Spain [Boelens and Doornbos 2001:344]:

1. A water-usage rights concession, granted by the state administration;

2. Historic and socio-territorial rights: entitlement to water for the inhabitants of the socio-territory to which the water source “belongs”. There are two specific forms of this mechanism: riparian rights [based on the possession of land with a water source or located along a stream] and prior appropriation rights [based on “first come” claims].

3. Transfer of water rights from one right holder to another through sale, inheritance, marriage, barter, or donation;

4. Acquisition of water rights by force: coercive expropriation of [mostly peasants’ and indigenous people] water rights by power groups. Appropriated rights have not always received state backing, though often they have. It is very common, however, for them to become institutionalized and legitimized in local proceedings, within prevailing power structures; and

5. Users’ investment of their own resources [e.g., labor, capital, goods, time and intellectual and ritual contributions] to build or rehabilitate irrigation facilities, thereby creating water rights.

CHAPTER III: METHODOLOGIE

III.1-Problem statement

Different principal water sectors have formal access rights to water from the Canal Jùcar- Turia. These formal rights have been over time developed and materialized into actual water distribution and current practices. As water is a scarce resource, it is common to think on it as a contested resource. Reference rights may differ from materialized rights. Many rights putted in action may cause conflicts and unfairness in the materialization of water rights, especially among principal water sectors. For this reason, although there are formal and informal legitimated water access rights, the actual water access distribution may vary significantly among water use sectors, which doesn’t say that the formal laws necessarily are ‘good’. The difference in reference- and materialized rights causes serious conflicts especially when water reserves in the river are low. Many rights have materialized along different socio- economic lines, with larger more politically powerful users benefiting from greater access. This disparity based on economic and political power causes unfair distribution of water between the different principal water sectors.

III.2-Scope and Objectives

Our objective was to critically analyze the reference and materialized water access rights with as catchment the Canal Xuquer-Turia from Tous dam to Valencia, assessing principal sectors and to determine whether there are different in formal allocation and actual distribution.

III.3-Research questions

III.3.1-Main research question What is the distribution of water access rights among the different, principal water sectors in Canal Xuquer-Turia in the Jucar watershed, from the Tous Dam?

III.3.2-Sub-questions What are the water related, principal interests and features that characterizes the principal water sectors? What are the reference/formal water access rights of the different sectors? What are the materialized/actual water access rights of the different sectors? Which processes and practices or mechanisms are crucial for the activation of reference and materialized rights? How do differences in formal and materialized rights impact the different sectors?

III.4-Methods

1. What are the water related, principal interests and features that characterizes the principal water sectors and why that interests and features characterizes the principal water sector? This question was solved by studying literature and documentation. We then have got the functional sectors by our set of questions that was addressed to the “Confederacion Hidrographica del Jùcar” [CHJ] in an interview. Driving in the field along the canal will provide as well insights in characteristics of the sectors. For example by driving along the canal we checked the intakes giving water to the main sectors. The characteristics of the sectors were provided by visiting each of them and by literature. A list of example questions towards CHJ has been put in annex I 2. What are the reference/formal water access rights of the different sectors? This question was solved by researching in general Spanish water law and more specifically concessions in CHJ. Since those laws are often written, we used literature to get the written parts and interviews with CHJ to get the non written part of this reference water right. By snowball research2 we started interviewing the key actor of the CHJ who has provided us with contact of other key actors 3. What are the materialized/actual water rights of the different sectors? By this, we wanted to determine the flow going from the canal toward the different sectors or which quantity the different sectors use. What we need for this is records of water flows. Based on this we investigate the materialized water rights of the different sectors. By an interview with a key person of the University in Valencia we collected the data as well as an interview with a key person of the Commission de Dessenmbalse. Indeed, this commission is in charge of making decision about the amount of water to give to each sector and it includes CHJ and users. These key interviews have provided also qualitative data about the decision platforms and about access rights. 4. Which processes and practices or mechanisms are crucial for the activation of reference and materialized rights?

2 Snowball research refers to the process to start with an interview with one key-actor which can provide contacts with other key-actors. By continuing the interview process, the bigger the network of key-actors will be.

Descriptive integration of reference – and materialized water rights by interview with Commission de Dessenmbalse, interpretation of schemes and schedules and the Plan Hydrological Jucar. At the Tous Dam, the off take [Canal Xuquer-Turia] travels 30 km, and feeds part of the city of Valencia with water. Examining critical water uses along this canal will shed light on the way water rights between sectors are negotiated. 5. How do differences in formal and materialized rights impact the different sectors? Here is the place to see how people are influenced by legal pluralism, power relations and gender issues in our context. According to K. Von Benda, in situation of legal pluralism, individuals can make use of more than one law or versions of one law to rationalize and legitamize their decisions or their behavior, a process known as forum shopping. Which law is accepted and enforced depends on power- and gender relationships between the claimants. So set of questions has provided the forum shopping in the case of our study between the sectors.

CHAPITRE IV DESCRIPTION OF THE JÙCAR-TURIA CANAL

IV.1-Infrastructure

The canal got its name from the fact that it joins together two rivers, the Jucar River and the Turia River. In 1965 the project of canal construction began and was in use by the year 1979, 14 years later. The canal passes through 14 populated areas or towns: Tous, Alzira, Gaudassuar, L’Alcudia, Benimodo, Carlet, Alfarp, Alginet, Benifaio, Picassent, Torrent, Aldaia and Quart y Manises. The total length of the canal is 60km and begins at the Tous Dam and ends in the Turia River. The channel is composed of several different parts, totaling the full 60km. It can be broken down as shown in table4.1

Figure 4.1: Jucar-Turia Canal [Community of Users, 2009]

Table4.1: Constitution of Jùcar-turia canal Type Numbers Distance (m) Channel 43,936 Aqueducts 17 2700 Siphons 4 392 Tunnel 3 13,491 Total 60,519

Water control is done through the use of automatic sensors that feed into a main computer system, monitored by the CHJ. Along the canal are several moveable weirs that raise the height of the water in the canal essential for attaining adequate flows at the off takes. The regulation of flow is done at upstream. The dark blue line on the image above indicates the Jucar-Turia canal. It runs from South to the North.

IV.2-Modernization of Infrastructure

In 1996 the Ministry of Agriculture and Fisheries approved the plan for the modernization of the irrigation area fed by the water from the canal Jucar-Turia. The four pillars are:

§ Improved regulation § New pressurized installations § Improved monitoring § Improved management The transformation of surface irrigation to pressurized drip systems forms main part of the modernization process. The aim of the transition is to eliminate losses through evaporation, minimize infiltration to groundwater and have greater control over the application rates of water. Currently, 70% of the entire area is drip irrigated, as a result of the modernization process. The new systems also include fertilization and filtration systems. With that, the advantage is to get more control on the pollution of ground water since the fertilizer is applied at a precise dose not according to the willing of the farmer.

IV.3-Sectors

Three different users of water have been categorized as on the diagram below.

Figure4.2-: Sectoral categorization and use of water along the Jucar-Turia canal

20 IV-3.1-Urban use There are two water treatment facilities along the canal. The first is the Picassent treatment plant that is situated approximately 30 km along the canal from the Tous Dam. It extracts between 1 and 2m3/s from the Jucar-Turia canal and supplies clean water to Valencia city and Sagunto town. The water entering the Manises treatment facility has a low turbidity due to several weirs along the canal that allow sediment to settle before it reaches the off-take. The canal supplies water to 1,500,000 inhabitants in the urban areas of Valencia and Sagunto. In recent years, demand for water from the treatment facility has dropped from 1.85 to 1.5 m3/s due to improved water saving practices by inhabitants, as well the water demand due to a declining construction sector. The Manises treatment facility is situated at the end of the canal and extracts an average of 2.2 m3/s, and also supplies clean drinking water to the city of Valencia. In cases of low flows down the Jucar Turia canal, this plant will take water from the Turia River. Together the two facilities provide clean drinking water for 1.4 million inhabitants in Valencia and 100,000 inhabitants in Sagunto. Within the urban sector, industry and tourism are included. Industry uses the drinking water from the treatment plants for its operations. The tourism and recreation use also drinking water for its operations. This can include drinking water for hotels and other forms of touristic accommodation, recreational areas, fountains, golf courses and swimming pools. They are grouped under the category urban use.

IV.3.2-Irrigation The canal supplies approximately 24,415 ha of irrigation to 35,000 irrigators. They are distributed into 21 irrigation communities. The canal irrigates a right bank surface area of 14,283 ha and is owned by 14 irrigation communities. The right bank is the low side of the irrigation canal, and irrigation is done by surface irrigation in canals. Figure 4.3: Irrigation communities: 14 right bank & 7 on the left bank [Community of Users, 2009]

21 The left bank is the upper side of the canal and is owned by 7 irrigation communities irrigating a surface area of 10,132ha. Because this side is higher, gravity fed irrigation is not a possibility. Instead communities pump water using diesel fuel, into a pressurized system. Thus they use drip system as a way of conveyance to the crop. In total there are 21 communities irrigating 24,415 ha.

IV.3.3- Acequia Real del Jucar

The Acequia Real del Jucar is a canal that takes water from the Jucar River approximately 10km downstream of the Tous dam. There is an off take for the Acequia Real del Jucar which is situated 200m from the exit of the L’Escalada tunnel along the Jucar Turia channel. Water taken from the canal is monitored automatically by submerged sensors. The Acequia Real del Jucar has the rights to water from the Jucar River. They extract an average of 2m3/s from the Jucar Turia canal and use the 40m of extra natural head to feed water into a pressurized drip system.

IV.4-Instituional Setting for the Jucar-Turia Channel

The flow chart showing the organizational structure of the Hydrological Confederation of the Jucar- CHJ [Confederation Hidrografica del Jucar] can be seen in the figure4.4. The president of the CHJ is the head of the organization. Under the president sit the 4 main directives. They are listed below with an accompanying description of the role of each directive.

1. The General Secretariat: administration and functioning 2. The Planning Section: Planning, management and scheduling 3. The Technical Direction: Control and operation of water infrastructure 4. The Commissioner: application of water law within the system

Each directive is composed of a number of sub-sectors, each with more specific functions. The Release Commission [Commission de Desembalse] is a platform that was established to accord water to the different users within the Jucar river system. The Release commission is composed of 13 representatives; one of them is a representative from the General Community of Users of the Canal Jucar-Turia.

Figure 4.4: Overview indicating the position and representation of the Community of Users of the Canal Jucar Turia [Paul Garside and Fidele Moutouama, 2009]

At the Release Commission, meetings are held on a monthly basis to plan the management of water resources in the Jucar river system. The above mentioned stakeholders can place demands for water in the system. The allocations and decisions over flows are made based on three aspects, environment, situation and right. In order to receive water, each sector needs to express their demand for water to the CHJ. The CHJ then makes the demands public through the formation of a proposal. The stakeholders then meet to discuss and negotiate the water allocations. Final decision and agreements are made as to the allocated volumes for each represented body. The Exploitation Board of the CHJ assesses the technical basis and validity of the decisions made within the Release Commission. In the event users cannot agree on the allotted volumes, a vote is cast.

Right

Compromise

Environment Situation

Figure 4.5: Processes of concession

In situation of drought in the system, water resources are reduced, a permanent drought commission has been established to manage water resources in the Jucar system. They make decisions over water allocations, priories sectoral use of water and solve disputes that emerge as a result of the drought. The General Community of Users of the Canal Jucar-Turia is an autonomous organization, and represented by 1 member in the Release Commission. The main representative for the user community is the president. 36 members make up the general assembly, whose function is to decide on the management, use and amount of water required by the irrigation communities. The irrigation jury is represented by 7 members and has a role of enacting the rule of law on the users of the canal. 23 members compose the executive council representing the General Community of Users of the Canal Jucar-Turia [Comunidad General de Usuarios del Canal Júcar-Turia]. The association is composed of 7 irrigation communities: sectors Los Tollos, Benimodo, M.I. de Picassent, L'Alcudia, X de Picassent, XI de Picassent and Carlet irrigation community and the communities of the municipalities of Valencia and Sagunto

CHAPTER V: RESULTS Because the analysis of reference, activated and materialized rights its distribution in the Jucar Basin is far too broad to present as a whole. We choose to present the inter-linkages by assessing three examples. According these three examples we describe the water rights and analyze them. More background information of the reference rights can be found in Annex 4.

V.1-First example: water distribution in times of sufficient water supply

V.1.1-Reference rights Water distribution to the water user sectors, in times of sufficient supply, depends on two main regulations: Water supply prioritization and water supply concessions. To regulate water distribution among the water users, the National Water Law states beforehand that water human consume must have the prior in supply [article 74 of Regulations of the Water Administration and Hydrological Planning]. Accordingly, each Basin Hydrological Plan has to establish the prioritization scale [Real Decree 1664/1998]. The Article 4 of the Jucar Basin Hydrologic Plan prioritizes these water sectors as follows:

§ Urban Supply [abastecimiento a poblaciones] § Agriculture § Hydropower § Energy refrigeration [refrigeración energetic] for nuclear energy plants § Industry § Aquiculture § Leisure [including the maintenance of natural spaces and golf courses ] § Other uses not identified [note: for the maintenance of urban green spaces treated wastewater must be used]

Within the National Water Law framework, urban water sector supply depends on the total amount of people that are connected to the drinking water system. Water quality for human consumption is regulated by Annex 1 of the Water Administration and Hydrological Planning Act. The Industries not connected to the urban water supply system, must justify their use with real data. If the industry cannot demonstrate their real demand, supply to the water industry sector will be regulated by Article 16, Annex 3 of the Ministerial Order [24/09/92]. Water supply for agricultural use depends on crop demand, cultivated area and cropping efficiency. Hydropower plants must provide clean energy generation.

At regional level, the Jucar Basin Hydrological Plan states the conditions of the concession allocated to the different water users. The Article 9 of this Act states that each concession must justify water demands and establish the maximum flows demanded. The quantitative limits of water demand are outlined in the Articles 128 and 130 of the Regulations of Public Hydraulic Domain. For the Human consume sector, concessions must include the type of treatment used, and the environmental adequacy of its activities and facilities [article 16 of the Jucar Basin Hydrological Plan].

Formal water allocation along the Jucar-Turia Canal is done according to an Institutional process outlined in the Jucar Basin Hydrological Plan [interviewee 23]:

§ Water demand is expressed to the Confederation § The Confederation makes public the demands in a proposal § The stake-holders meet publically and negotiate for the allocation of water § The Comunidad de Usuarios makes the final decisions over water allocations within each sector. In the Users Community, each sector right or concession owner is represented according to the surface of the land they own [based on Jucar Basin Hydrologic Plan].

Water sectors concessions are detailed as follows:

1. King Juan Carlos I declared Sagunto city a priority and an important industrial city. The Law 14/1987 asks conveyance of a continuous flow of 1m3/s for urban consumption in Sagunto through the Canal Jucar-Turia.

2. Article 24 of the Jucar Basin Hydrological Plan allocates 3m3/s for water supply for Valencia City. This article also previews the future use of water by the human consumption sector. For this purpose the Tous Dam has to reserve 3 m3/s of extra flow for Valencia.

3. The same article allocates 95 hm3/year for irrigation along the Jucar-Turia Canal

4. The Jucar Basin Hydrological Plan allocates a flow to the Acequia Real.

3 For the privacy of the interviewees we decided to not mention their names in the main text. With help of Annex 2 the background of the interviewees can be found.

V.1.2-Process of Activation The allocation of the authorized flows among the Water Users Sectors of the canal is done through a negotiation process. Urban users and agricultural users [Irrigator’s Community] are part of the Users Community. Each year, the water users sectors meet together in the Users Assembly to negotiate their water share. The urban users have their water shared through the drinking water treatment plant concession; and their demanded flow is fixed through all the year. The agricultural sector meets periodically to make an official demand of water to the CHJ [interviewees 5 and 8]. The irrigators establish their weekly demand of water to the Users community either by sending a written requirement or calling by phone. The Community of Users gathers all the requirements in a list, and sends it through an official note to the manager of the Canal Jucar Turia. In the CHJ the technical staff makes calculation for the release of a supply sufficient to cope with users’ demand. The list details the amount of flow required by each irrigator’s community as well as the timing of the flowing. According to the demand list, the irrigator in charge of the operation of each Irrigators Community intake opens and closes it. A controller [vigilante] dependant of CHJ looks over the compliance of the required timing and flows at the canal. When the irrigator’s community need more time, the person in-charge of the intake usually call the Controller and ask for permission. For the controlling of the canal in off-working hours, the Users Community points out a controller from the community, who will report the activities to the controller, form the CHJ. Water distribution to water users along this canal is done by gravity and gated intakes. Some irrigators’ communities use pumped pipes [diesel] to get their water share from the Canal Jucar-Turia; most of them are placed in the upper branch of the canal. Several irrigators’ communities get water though gravity intakes which convey water to little reservoirs used for pressurized irrigation systems [70% of irrigation along the canal is drip irrigation] [interviewee 6]. Human consume users take their water share though both the drinking water treatment plants: Picassent and Manises. These particular intakes are automatically monitored by the computerized system of the CHJ. The intake structure of Picassent for example, is a gravity intake provided with a trash-rack.

V.1.3-Materialized rights Water rights are materialized in several ways and the control is in some point automatics but not at all points. Submerged sensors send [via satellite and radio] measured flows automatically every 5 minutes by the Automatic Hydrologic Information System [SAIH]

27 control center in the CHJ, in Valencia. The automatic controlled intake points in the Canal are the Acequia Real intake, the Irrigator Community of Tollos intake and the Picassent and Manises Treatment Plant intakes.

For the controlling of each irrigators community intake flows, the Jucar-Turia Canal manager has four controllers [vigilantes]; which deals with the actual water distribution in the Canal.

Maintenance is done by private enterprises. The operation is done by a controller of irrigator’s communities. The materialization of water users’ water distribution was observed in two intake points.

La Garrofera intake is one of the gravity intakes of the canal. It has a crested weir for the

measurement of the inflow. The demanded water of this Irrigators community for week 25 [from 17 of June to 23 of June of 2009] was 16000 l/min from 6:00 to 21:00 on Monday. The

controller of the CHJ has several charts to calculate the flows that go through every Irrigators

Community intake. In this particular structure, the scale was unreadable because of dirtiness. Anyhow, the calculations of the controller of the Jucar-Turia canal showed that the flow delivered to this community was of about 16.040 l/s.

Picassent plant is placed 30 km from the Tous Dam beside the canal. Currently this intake has

a requirement of 1 to 2 m3/s; it can vary depending on plant’s capacity and drinking water

demand. The Treatment Plant takes water from the canal during night. They fill out the water reservoir of 2.2 m3/ capacity and stop the abstraction of water to treat the stored volumes. During the day, they convey the treated water to Valencia to be distributed. They repeat this process continuously to supply the city. The costs of the process: 0.15 Euros/m3. Arisen out

of this calculation they comment that water demand is diminishing due to the economic crisis.

Their water demand fell from 1.85 m3/s to 1.5m3/s [interviewee 7].

V.1.4-Analysis The Jucar Basin is one of the most controlled river basins in Spain. The CHJ has developed an Automatic Hydrologic Information System [SAIH] which keeps the administration informed every 5 to 10 minutes. This automatic information system allows the CHJ to make quick decisions in case of extreme climatic events. Along with the technical controlling, the national legal framework guaranties the control of water distribution among the right holders. In times

28 of sufficient water supply, the institutional formal setting was supposed to work according to the reference norms in the Basin. That is according to the National Water Law, the Jucar Basin Hydrological Plan, and at second level, to the norms and rules of the Users Community of the Jucar Turia Canal.

Empirically, the flexibility of the system and personal relations can affect the distribution of water rights among the water user sectors. During the interviews with key actors in the Jucar- Turia Canal several amounts of allocated and actually distributed flows were managed. For example, one of the interviewees [4] pointed out that the irrigation sector water demand was 90Hm3/year, but usually gets up to 50Hm3/year.

In times of sufficient supply, which means that drought is not declared and the use of groundwater is not authorized, irrigators community have to cope their demand with water from the surface resource. The difference in water demand and water supply highlights a contradiction regarding actual water access. If in sufficient supply irrigators get less water that they need, this suggest that to cope the volume required they maybe use groundwater without authorization. One of the interviewees confirmed us this possibility. On the other hand, the manager of the canal Jucar-Turia showed that stealing in the canal goes up to 10% of the total volume. Nevertheless these volumes are considered low and not representative. For instance the punishment for a stealing sanction can be the payment of a fine. Another strategy to get more water is asking for more irrigation timing. For doing so, the irrigators use their personal relations.

The commissioner representative of the CHJ confirmed that the drinking water sector has first priority, followed by irrigation and then energy. The total amount of water available for the whole Jucar basin is 320 hm3 each year, and its distribution is as follows:

• Agriculture: 80%. Most of the agricultural sector is composed of Mediterranean part- time farmers who have low water demands. The products are marketed and exported by others. Many in Spanish politics view agriculture as inefficient and economically unviable sectors. • Urban use: 15%. Includes drinking water, tourism, and industry [i.e. golf course, equestrian camps and camping facilities]. Within the urban sector the efficiency of water use is calculated through the application of service fees. • Industry: 5%.

The amount of water demanded does not determine the order of priority. Human consume sector is stated as the most important water right holder in the Jucar Basin. Once urban demand is met, the agricultural demand must be met. Historical rights are prioritized among the agricultural sector. After traditional agricultural needs have been satisfied, agriculture based on abstraction from the aquifer La Mancha and the Canal Jucar-Turia follows the priority classification among agriculture. After agriculture, hydropower demand must be met. Once these three sectors are supplied with water, environmental flows will be released. If there is excess of flow, this flow is allocated for the restoration of aquifers and natural areas. This prioritization has become a norm and only recently in the past 3 years under drought conditions the rules have taken effect [this situation is analyzed Chapter V.3]. Agriculture has received less water than their demand, in order to satisfy the drinking water concession volumes.

V.2-Second example: Acequia Real

V.2.1-Reference rights The Jucar Basin Hydrological Plan allocates 600l/s to the Jucar River from the Tous dam up to the Acequia Real off-take; this means that between the Tous dam and the Acequia Real off- take this amount of water needs to be. The plan also allocates 392 hm3/ year for Acequia Real, including the small irrigation system of Antella.

The historic water rights of the Unidad Sindical de Usuarios del Jucar [USUJ] are respected through an agreement between CHJ and USUJ.

The authorized flow for the Acequia Real is 2 m3/s, which is controlled by computerized gates [interviewee 6]. This flow is a concession to use the water from the Tous Dam [General Community of Users] but others say that the concession is even to use the water released from Contreras Dam [Valero de Palma Manglano, 1998].

V.2.2-Process of Activation Acequia Real got the formal rights for the use of water resources from the Jucar river in 1977, according with their demand. The water allocation for Acequia Real is primarily based on the water rights they have from the 13th century; it is one of the oldest agricultural areas in Spain. Due to this historical right they have the right of using all the water from the Jucar River.

Because the General Community of Users of Acequia Real has a royal status, they obviously have a strong lobby in negotiation processes. This strong position is also confirmed by their

30 participation in USUJ. Within the USUJ the Acequia Real has the strongest position as they are very strong in terms of the amount of irrigated area [which is 20,000 ha. and within USUJ 51.3%], the represented share in USUJ of 53.68% and a share of financial contribution to the Alarcon-dam of 90,72% [Pimentel, [n/y] and Genovés et al, 2001]. The share of seats roughly corresponds to the share of irrigated land area in the members’ irrigation schemes. The contribution of the irrigators to 50% of the total costs of the Alarcon-dam [the other 50% is contributed by Iberdrola] is strongly dominated by Acequia Real’s share.

V.2.3-Materialized rights The intake of Acequia Real called Marj is placed 200 m ahead the exit of the L’Escalada tunnel. According to interviewee 6, controller of CHJ in charge of the Jucar-Turia Canal, the administration of Marj intake is made by a private company contracted by the General Community of Users of the Acequia Real. At the off-take for Acequia Real a submerged sensor connected with the CHJ monitors shows the flows diverted to the Acequia Real and the Canal Jucar-Turia. Recently a flow regulator was built 50 m ahead of this intake structure. According to José Luis del Real Anes, when the flow is excessive the gates of the regulators are closed and the spillways of the structure function to allow the overflow run through the canal. Also if the Acequia Real needs more flows this structure can regulate the volumes to make more quantities of water available to be diverted to the Acequia Real.

The Acequia Real has an off-take from the Canal Jucar-Turia in the highest point of the canal. The piped intake gives permanent head to the Acequia Real to pressurize the system. The flow allocated to Acequia Real is according to interviewee 4: 15 - 17m3/s, while according to interviewee 6 only 2m3/s are taken from the Jucar-Turia Canal. Even though Asequia Real takes water from the Jucar-Turia Canal, the General Community of Users of the Canal Jucar- Turia do not considered it as a user of the Canal Jucar-Turia.

The Acequia Real has an area of 25,000 ha of irrigation fields, similar to the area of the Jucar- Turia Canal. Yet Acequia Real uses almost doubles the amount of water, according to the 8th interviewee of the General Community of Users of the Jucar-Turia Canal. Their concession is 160,000 m3/year, and that of Jucar is 90,000 m3/year.

V.2.4-Analysis There is quite a difference in what is stated in legal term in the law and the interpretation of people. People perceive the reference rights in various ways. In the case of Acequia Real for example, interviewee 2 says there is even not a connection between the Jucar-Turia canal and

31 the Acequia real, while within the same building of CHJ three levels lower a whole control center is installed which shows the flows between the two canals. The reason is that in legal terms the Acequia Real is not seen as a real user of Jucar-Turia Canal water, arguing that Acequia Real is only using the infrastructure of the Jucar-Turia Canal as that particular point of the off-take is higher up which they can use to pressure the system for drip irrigation. That can also be explained by the fact that their water rights are historical; they did not receive it by new negotiation.

It seems to be an element of contest between the users or management bodies of the two canals of Acequia Real and Jucar-Turia. According to our research, within the Commission de Desembalse there was some oppositions to the Acequia Real, having greater access to water because of the past rights and history. Within the Commission de Desembalse, there is friction between two main groups: On one hand the General General Community of Users of the Jucar-Turia Canal, the Commission of l’Amanja D’oriental and Aguas de Valencia; on the other hand the General Community of Users of Acequia Real and Iberdrola. Here, there is an effect of legal pluralism. Indeed, Acequia Real take its rights from the historical water right; since this right is so strong (still working in new society), Acequia keep its priority over even the farmers of Jùcar –turia canal. This is definitely a point for a further follow up study, as it could pose interesting insight into the larger contest for water.

V.3-Third example: Droughts

V.3.1-Reference rights In times of water scarcity, the National Government approved a Royal Decree 1265 in 2005. This decree approves administrative actions for the management of hydraulic resource scarcity in the Jucar, Segura and Tajo Basins. Such actions aim to guaranty the correction of the negative effects of scarcity. Each Basin Administrative Institution must design their Activities Plan to deal with scarcity. The decree authorizes the creation of Governmental Boards within the Hydrographic Confederations to modify water resource management and distribution during scarce periods. For the Jucar Basin this is the Permanent Drought Commission.

In order to regulate groundwater use, the Ministry of Environment created an environmental agent within the Hydrological Confederation. These agents are responsible for the control and enforcement of water legislation within the administrative units.

V.3.2-Process of Activation When drought is declared by the national state the irrigators have to supplement supply with groundwater; a costly method. Previewing scarce situations, in 1996 the General Community of Users and the CHJ designed a modernization project for the Canal Jucar-Turia. This project included the construction of weir to regulate flows, new infrastructure was built and new pumping stations were placed at strategic point along the canal. Pumping has a capacity of 1.5m3/s in the Canal. In the Commission de Desembalse it is agreed that in times of drought everyone has to use less water, even the urban sector [even though prioritized first]. However the urban demand has the option of using also water from the Turia River. Irrigators along the Jucar-Turia Canal have no other sources for irrigation water. CHJ introduced certain protocols to secure water supply to the Drinking water Treatment Plants. The protocols are automatically operated to avoid urban water supply shortages. The details of such protocols are shown in next table.

Table 5.1: Water supply droughts protocols for the Treatment Plants of Picassent and Manises

Type of Protocol Flow to Picassent Flow to Manises Compensation from Total Turia River

0.25 0 m3/s 0.25 m3/s 2.75 m3/s 3 m3/s

1.25 1 m3/s 0.25 m3/s 1.75 m3/s 3 m3/s

2.00 2 m3/s 0 m3/s 1 m3/s 3 m3/s

V.3.3-Materialized rights The Permanent Drought Commission is in charge of the management of the Jucar Basin when the state has officially declared a drought. In times of drought they make decisions towards the Release Commission. It is not clear how the relation is exactly between the Permanent Drought Commission and the Release Commission. This commission is in charge of monitoring of situation in the canal and take the management of distribution and release in time of drought. Another task of the Permanent Drought Commission is to manage the wells along the Jucar-Turia Cana. These wells are used to keep the water level more less the same.

In drought declaration and scarcity situations the prioritization of water users impacts more obviously the distribution of water resources in the Jucar-Turia Canal. Due to the national discourse of urban uses priority, the agricultural sector is the most affected user. They lose access to their water rights, in terms of flow. In 2004 the surface supply by the canal met the

33 demands of all different users – approximately with a total amount of 54,000 m3. From 2005 onwards however, the users (farmers) had to stop their supply of water from the canal as drinking water is a priority; and supplement it with groundwater pumping. Reason for this was the drop of the amount of water which was available from upstream reservoirs: in 2005 there was 41hm3 in the canal, while in 2006 this number dropped to 18hm3. Following interviewees at start of this year [2009] 150hm3/year was the stated concession; now it has dropped to 95hm3/year. These drops in water amount going through the Jucar-Turia Canal are purely a result of water availability upstream at the Tous Dam reservoir or the Alarcon dam. Due to climate changes the climate is getting drier and it results in decreasing water level in the Alarcon dam. The aquifer at La Mancha, upstream of the Alarcon dam is feeding the river. Finally this leads to less water in the reservoir of the Tous Dam and secondly to less water availability for the Jucar-Turia Canal. This new situation that supply was not longer sufficing the demand led to conflict: the problem was that farmers have less water and have to pump water from elsewhere which was expensive. Nevertheless these developments in times of drought, CHJ doesn’t deal directly with problems of water theft or farmers using more than their daily allowance, because it is up to the individual irrigation community to manage water use from the canal.

V.3.4-Analysis In times of scarcity or droughts a special institutional arrangement is put in practice. A royal decree authorizes the modification of water resource management and distribution during scarce periods. Nevertheless, it happens that negotiations become contestation situations among stakeholders. Especially during scarce situations even the contents of laws and rules is discussed in deep. Despite the actions of the central government to approach the droughts to put an environmental agent or a Governmental Board, a lot of principal water sectors suffer in times of drought.

Although there is an environmental agent introduced by the Ministry of Environment to look after the groundwater management, due to the droughts from 2005 onwards, the aquifer upstream in the Jucar basin is feeding the river. Tremendous decreasing of river levels in these times of drought leads to such situation.

Reference rights are mostly referring to a standard which is often an ideal situation. When there is time of drought however, everything changes in institutional terms, but also in infrastructural terms. A separate commission [institutional change] gets the rights for the

34 water management, and in the case of the Jucar-Turia Canal especially the management of wells along the Canal [infrastructural change]. In spite of their priority, also the urban sector has to minimize in times of drought. But at the other hand, because of the first priority of the urban sector and the strong historical-based rights of the Acequia Real, the irrigators are worst-off. The sector of agriculture receives less water volumes than they demanded in order to satisfy the drinking water concession volumes.

CHAPTER VI: CONCLUSIONS “La libertad de unos termina conde la libertad de otros comienza”

By assessing the reference, activated and materialized rights with three examples we showed how occur differences between reference – and materialized rights and the way of activation. Reference rights are mainly those rights where people refer to as a standard or legitimated. Often it is a description of an ideal situation, but as shown, reference rights are always different in reality, beyond scoping the intensity of the change.

When water supply is sufficient, strong lobbies of particular irrigation schemes can influence water distribution among water users. As far as Acequia real is concerned, it benefits from its historical right, its strength in terms of number of irrigators and his position in the USUJ with high contribution in the contribution in the construction of Alarcon Dam. Hence, reference rights differ from materialized rights, mainly due to different perceptions towards water rights and influences of discourses and networks.

On the other hand, Irrigators can robe water easily due to the fact that the control is not very tide, although a part of the control is automatic. Thus the socio-technical flexibility of the system can affect the distribution of water.

In times of drought, even the prior sectors are limited in water supply. As water is a scarce resource it has to be divided among the different principal users and often the agricultural sector is worst-off. They have to sacrifice in favor of the urban water supply. The main reason is the fact that most of the farmers in the Jucar Basin are only part-time farmer with a second job. On the other hand the Jucar-Turia Canal has to concur with the strong Acequia Real in terms of water rights. In fact it is a contest of water between the urban sector and Acequia Real. Thus, in time of scarcity and drought, the reference rights are respected in term of priority but sometimes, the negotiations may turn into contestations between the different stakeholders.

It is as the quote says: “the freedom of the first is the limit for the second”. When the urban sector or Acequia Real takes water, that amount is gone for the agricultural sector. The upcoming tourism sector within the urban sector will only establish the water rights the urban sector already has.

For the future prospect the General Community of Users of the Jucar-Turia Canal faces a challenging job: compete with the urban sector of which water-usage rights are granted by the

36 state administration and the sector of Acequia Real, which rights are mainly, based on history; and besides this the management of an ageing agricultural sector.

This research gave some insights within the whole complex system of water rights. A deeper research is required in order to get a clear understanding of the contestation of water, the distribution of water rights and the impact it has on principal water sectors and de actual amounts each sector access.

REFERENCES

Benda, K. Von, In: Liquid Relations. Contested Water Rights and Legal Complexity, edited by Dik Roth, Rutgerd Boelens and Margreeth Zwarteveen, University Press: New Brunswick, New Jersey and London, pp. 239-240, 2005

Boelens R. and Doornbos B., The Battlefield of Water Rights: Rule Making Amidst Conflicting Normative Frameworks in the Ecuadorian Highlands, Human Organization 60 [4], Society for Applied Anthropology, 2001

Boelens, Rutgerd, The rules of the game and the game of the rules, Normalization and resistance in Andean water control, Wageningen University, 2008

Boelens, Rutgerd and Hoogendam, Paul, Water rights and empowerment, Koninklijke Van Gorcum, Assen, The Netherlands, 2002

FAO, Modern water right, theory and practice, FAO Legislative study 92, 2006, retrieved from: http://www.fao.org/nr/water/infores_pubs_rights.html on 02.06.09

Meinzen-Dick, Ruth., and Pradhan R., Analyzing Water Rights, Multiple Uses and Intersectoral Water Transfers , In: Liquid Relations. Contested Water Rights and Legal Complexity, edited by Dik Roth, Rutgerd Boelens and Margreeth Zwarteveen, University Press: New Brunswick, New Jersey and London, pp. 237-253, 2005

Ontimet, 2009, retrieved from: http://ontimet.es/c/descargas/htm; on 01.06.09

Pimentel Equihua, J.L. Los comuneros regantes de la acequia real del río júcar en valen-cia, retrieved from: www.geocities.com/jacintap alerm/boletinAH A/textosb oletin/J ucar/j ucart exto.htm; on 24.06.2009.

Schalger and Ostrom, 1992, In: Water rights and empowerment, Koninklijke Van Gorcum, Assen, The Netherlands, 2002

Sustainable Land and Water Management Spain, Reader and Practical Manual, IWE-33306, Wageningen University, The Netherlands, pp. 77, 2009

Valero de Palma Manglano J. M., Resolucion de conflictos hidricos territoriales. El caso de las cuencas del Jucar, Tajo y Segura. Valencia, Espana, 1998

Document for the Conference of Presidents, Water Policy, Balance, 12/06

Series of technical documents, Progama Agua, Jucar Turia canal, Ministry of Environment, Hydrographic Confederation of the Jucar.

ANNEX 1: INTERVIEWEES

INT DATE PLACE NAME DESCRIPTION 1 El Pansat - Albaida Nacher Dámaso President of the Irrigators 10-06-09 Molina Community of Betilla and Pla de Aljorf 2 Confederación José Antonio Sonio Chef of hydraulic service/ 16-06-09 Hidrográfica del Jucar Commissariat 3 Universidad de Francesc Hernández Socio-economist who has 16-06-09 Valencia worked on the national water plan 4 Universidad Joaquín Andreu Professor of Water Resources Politécnica de Valencia Engineering who has worked 16-06-09 as Head-chief of the Planning Department of CHJ 5 Confederación Vicente Ayllon Pérez Manager of the Canal Jucar- 19-06-09 Hidrográfica del Jucar Turia -CHJ 6 Canal Jucar-Turia Jose Luis del Real Vigilante of the Canal Jucar- 22-06-09 Anes Turia - CHJ 7 Planta de Tratamiento Jose Tavrnez – Técnico de Planta Picassent – 22-06-09 Picassent Aguas de Valencia

8 Comunidad de Ernesto Serra Asesoría técnica del Canal 22-06-09 Usuarios del Canal Sanchis Jucar-Turia Jucar-Turia

ANNEX 2: REFERENCE RIGHTS BACKGROUND 1-The National Water Law

The National Water Law [law 29/1985 ] was created on the 2nd of August, 1985, adopted into the Constitutional Tribunal on the 29th November, 1988 and approved on July 2001. According to this water law, water is classified as a scarce and public resource. There is no distinction between surface water or groundwater; they are both considered ‘water’ and treated as one whole.

Prior to 1985, groundwater was treated as a separated resource. For this reason, ground water abstraction rights attained before the enactment of the 1985 water law are recognized by the state. Post 1985 ground water abstraction permits are owned by state. Small springs and pluvial flows are considered natural hydrological processes and therefore do not count as a water resource.

2-Legal Institutional Framework

The National water law recognizes traditional institutions like the Tribunal de las Aguas de la Vega Valenciana.

The National Government is the institution in charge of planning hydrological and hydraulic exploitation that are in accordance and agreement with international regulations. They are the entities that entitle water concessions and oversee water management, land ordering and environmental conservation. For the National Government basins are delimited by the catchment of a principal river and it is indivisible.

The largest consultative body is the National Water Board [Consejo Nacional del Agua]. It is an institution where upon the state administration, community organizations, basin confederations, professional representatives and stakeholder sectors meet to make decisions about the management of the water resources. Their responsibility is to guide the National Hydrological Plan and related hydrologic projects within the industrial, agricultural, tourism, and energy sectors.

Each autonomous community is responsible for hydrological and hydraulic management of water resources within their own territories. Water users must be represented by their respective community. For legitimate representation, no less than one third of the users must be represented. A governmental representative stays in contact with the community in order to fully account for their presence within the Annual Hydrological Plans. The water council is the basin body that takes the basin hydrologic plan to the local government.

Basin Confederations are institutions with boundaries that exceed the administrative boundary of an autonomous community. The confederations are autonomous entities with public rights different from the state. For administrative effects it is ascribed to the Public Infrastructure and Urbanism Ministry. They have the right to acquire services and sell goods for the construction of hydraulic infrastructure. They also have the role of designing, monitoring and revising the Basin Hydrological Plan. At the basin level, the confederation is responsible for entitling water concessions, controlling water laws, and develops hydrologic research institutes.

For every public infrastructural development or investment, the state calculates the expenditure, operation and maintenance costs. The overall cost to the users is proportional to the amount of

40 water each user takes. The collection of fees is managed by the confederation which in turn relates the funds to the Ministry of Finance.

At the basin confederation level stakeholders are represented in the users’ assembly. In this assembly the associations coordinate the use of hydraulic infrastructure and water resources for the basin, taking into consideration the concessions and user rights. A reservoir commission is responsible for the filling and draining of reservoirs.

The Hydrological plan organizes the use of hydraulic infrastructure, water use and demand, aspects of priority, water allocation, water savings, environmental aspects, water quality, forest and aquifer protection.

Water Concessions are given for surface and sub-surface water resources. The concession title does not guaranty the availability of allotted water flow. The sector with the largest public implication will gain priority. The confederation uses a water registry where concessions are authorized and changes are registered. The Confederation can substitute the concessions with other water sources, either totally or partially depending on the current state if water resources. If the concession is for irrigation, the beneficiary must have the title to the land on which he/she want to farm. Irrigation water can be entitled to public service entities and enterprises regardless of land ownership. Irrigation water prices are attached to the infrastructure investment costs.

A user community is the organization of water and hydraulic resources surrounding a common intake concession. If water use is principally for irrigation, the communities are called Irrigation Communities. In other way, the communities will get the nomination of the collective use of the water resource. The General Community of Users is a public corporations linked to the confederation. Their role is to regulate water use within the Community. User Communities are bounded by the geographical boundaries of their hydraulic infrastructure. They manage the rights and obligations of current and future water users. The users that do not pay fees for maintenance expenses can be prohibited from using water.

The Water Commissioner manages the environmental and river basin activities. These include hydro- geological administration, hydrological and hydraulic resources, infrastructure control, and concessions.