Technical Assistance Consultant’s Report

Project Number: 43114 August 2014

Lao People’s Democratic Republic: National Integrated Water Resources Management Support Project (Cofinanced by the Government of Australia and the Spanish Cooperation Fund for Technical Assistance)

Prepared by: IDOM Ingenieria Y Consultoria S.A. (Vizcaya, Spain) in association with Lao Consulting Group Ltd. (, Lao PDR)

For: Ministry of Natural Resources and Environment Department of Water Resources Nam Ngum River Basin Committee Secretariat

This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents.

NATIONAL INTEGRATED WATER RESOURCES MANAGEMENT SUPPORT PROGRAM

ADB TA-7780 (LAO)

PACKAGE 2: RIVER BASIN MANAGEMENT

NIWRMSP - PACKAGE 2 FINAL REPORT

August 2014

NIWRMSP - PACKAGE 2 FINAL REPORT

National Integrated Water Resources Management Support Program ADB TA-7780 (LAO) Package 2 - River Basin Management

CONTENTS EXECUTIVE SUMMARY IN ENGLISH ...... S1 EXECUTIVE SUMMARY IN LAO ...... S4 1. BACKGROUND ...... 1 2. RESOURCES ASSIGNED TO THE TECHNICAL ASSISTANCE ...... 2 3. WORK DEVELOPED AND OBJECTIVES ACCOMPLISHED ...... 4 4. SUB-COMPONENT 2.1 NATIONAL RIVER BASIN MANAGEMENT...... 8

4.1. NATIONAL GUIDELINES FOR RIVER BASIN MANAGEMENT PLANNING ...... 8 4.2. LAO NATIONAL RIVER BASIN FORUM ...... 9 5. SUB-COMPONENT 2.2 NAM NGUM RIVER BASIN MANAGEMENT ...... 12

5.1. SUPPORT TO THE OVERALL NNRBCS ACTIVITIES (PREPARATION OF WORK PLANS, CONCEPT NOTES AND BUDGETS) ...... 12 5.2. UPDATE THE NAM NGUM RIVER BASIN PLAN ...... 12 5.2.1. Nam Ngum Guidelines for River Basin Management ...... 14 5.2.2. Nam Ngum State of the Basin Report ...... 19 5.2.3. Climate Change Adaptation Report ...... 24 5.2.4. Nam Ngum River Basin Management Strategy ...... 27 5.2.5. Participatory Activities ...... 28 5.2.6. Communication Plan ...... 34 5.3. COOPERATION WITH THE PACKAGE 1, OTHER COMPONENTS OF NIWRMSP AND OTHER PROJECTS RELATED WITH ACTIVITIES IN THE NNRB ...... 35 6. PROBLEMS AND OPPORTUNITIES ...... 36 7. RECOMMENDATIONS FOR FUTURE DEVELOPMENT ...... 39 8. CONCLUSIONS ...... 41

ANNEXES

ANNEX A. REPORT OF THE INTERNATIONAL CONSULTANT MR CLIVE LYLE ABOUT THE NRB FORUM

ANNEX B. DELIVERABLES SUBMITTED DURING THE ASSIGNMENT

Title: Final Report

File: [Package 2 - Final Report.pdf]

Project (Contract No.): NIWRMSP – River Basin Management P2 (S41728)

Ed No. 01 First Submission

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INDEX OF FIGURES

FIGURE 1. TASK FORCE MEETING TO DISCUSS THE NATIONAL RIVER BASIN PLANNING GUIDELINES (BOLIKHAMXAY PROVINCE, JUNE 2014) ...... 8

FIGURE 2. DISTRICT DISTRIBUTION OF THE NAM NGUM RIVER BASIN ...... 13

FIGURE 3. STEPS COMPLETED (IN BLUE) OF THE NAM NGUM RIVER BASIN PLANNING PROCESS ...... 14

FIGURE 4. OUTLINE OF THE NAM NGUM RIVER BASIN MANAGEMENT PLANNING PROCESS AND PRINCIPAL REPORTS ...... 17

FIGURE 5. PROCESS PREPARATION OF THE NAM NGUM RIVER BASIN MANAGEMENT PLAN ...... 18

FIGURE 6. THE NAM NGUM RIVER BASIN SUB-BASINS MAP ...... 20

FIGURE 7. THE INTEGRATED WATER RESOURCES MANAGEMENT PLANNING CHALLENGES FOR THE NAM NGUM RIVER BASIN ...... 24

FIGURE 8. MULTI-MODEL GLOBAL AVERAGES OF SURFACE WARMING FOR THE SRES SCENARIOS A2, A1B AND B1 ...... 25

ST FIGURE 9. PROJECTED SURFACE TEMPERATURE CHANGES FOR THE EARLY, MID AND LATE 21 CENTURY (B1, A1B AND A2 SRES SCENARIOS) ...... 26

FIGURE 10. THE PARTICIPATORY WORKSHOPS WERE HELD IN EACH OF THE FOUR AREAS OF THE NNRB THAT SHARED SIMILAR WATER CHALLENGES ...... 29

FIGURE 11. GRASS ROOT WORKSHOPS HELD IN DIFFERENT PARTS OF THE NAM NGUM RIVER BASIN ...... 31

FIGURE 12. INTERVIEWS WITH FISHER GROUPS AND IRRIGATION ASSOCIATIONS IN DIFFERENT AREAS OF THE NNRB ...... 32

ST FIGURE 13. PARTICIPANTS OF THE 1 MEETING OF THE NNRBC (OCTOBER 2013) ...... 33

FIGURE 14. PARTICIPANTS OF SOME OF THE FOUR NN TECHNICAL WORKING GROUP MEETINGS ...... 33

FIGURE 15. PARTICIPANTS OF THE TECHNICAL WORKSHOP TO DISCUSS THE CONCLUSIONS OF THE NN CLIMATE CHANGE ADAPTATION REPORT ...... 34

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INDEX OF TABLES

TABLE 1. PACKAGE 2 CONSULTANT TEAM ...... 2

TABLE 2. MOST SIGNIFICANT CONTRACT VARIATIONS ...... 2

TABLE 3. ACTIVITIES OF THE OF COMPONENT 2 IN THE DMF ...... 7

TABLE 4. PARTICIPANTS IN THE LAO NATIONAL RIVER BASIN FORUM ...... 10

TABLE 5. CURRENT PERFORMANCE OF THE MAIN FUNCTIONS OF WATER RESOURCES IN NAM NGUM RIVER BASIN ...... 22

(GREEN COLOUR MEANS HIGH PERFORMANCE, YELLOW COLOUR MEANS MEDIUM PERFORMANCE AND RED COLOUR LOW PERFORMANCE) ...... 22

TABLE 6. NUMBER OF PARTICIPANTS IN THE MAIN PARTICIPATORY ACTIVITIES FOR THE NNRB PLAN ...... 31

TABLE 7. SUMMARY OF RELEVANT GOL DECREES AND DECISIONS ON IWRM AND MAIN DONORS SUPPORTED ACTIVITIES ...... 36

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ABBREVIATIONS

ADB Asian Development Bank AFD Agence Française de Développement AusAID Australian Agency for International Development (DFAT from November 2013) C2 Component 2 of NIWRMSP C2.1. Sub-components: C2.1 National River Basin Management of NIWRMSP C2.2. Sub-components: C2.2 Nam Ngum River Basin Management of NIWRMSP CDTA Capacity Development Technical Assistance CTA Chief Technical Advisor DDG Deputy Director General DFAT Australian Department of Foreign Affairs and Trade DG Director General DMF Design Monitoring Framework DTL Deputy Team Leader DoNRE District Department of Natural Resources and Environment DWR Department of Water Resources (under MoNRE) EDL Electricity of Lao GDP Gross Domestic Product GoL Government of Lao PDR IFC International Finance Corporation IHC Instituto de Hidráulica de Cantabria (Hydraulics Institute of Cantabria) IRRM Integrated River Basin Management IWRM Integrated Water Resources Management Lao PDR ’s Democratic Republic LNMC Lao National Mekong Committee MAF Ministry of Agriculture and Forestry MEM Ministry of Energy and Mines MICT Ministry of Information, Culture and Tourism MoF Ministry of Finances MoH Ministry of Public Health MoNRE Ministry of Natural Resources and Environment MPI Ministry of Planning and Investment MPWT Ministry of Public Works and Transport MRC Mekong River Commission NARBO Network of Asian River Basin Organizations NIWRMSP National Integrated Water Resources Management Support Program NN Nam Ngum NNRB Nam Ngum River Basin NNRBDSP Nam Ngum River Basin Development Sector Project NNRBC Nam Ngum River Basin Committee NNRBCS Nam Ngum River Basin Committee Secretariat NNRBMP Nan Ngum River Basin Management Plan NSEDP National Socio Economic Development Plan

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NT-NK RBCS Nam Theun - Nam Kading River Basin Committee Secretariat NUoL National University of PIU Project Implementation Unit PMU Project Management Unit PoNRE Provincial Department of Natural Resources and Environment RBC River Basin Committee RBMP River Basin Management Plan RBO River Basin Organization TA Technical Assistance TL Team Leader ToR Terms of Reference WREA Water Resource and Environment Administration (merged into MoNRE in 2011)

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EXECUTIVE SUMMARY IN ENGLISH

The Government of Lao PDR undertook, and is currently carrying out, a National Integrated Water Resources Management Support Program (NIWRMSP) to establish integrated water resources management in the country. Lao PDR has traditionally been known as a water-rich country, but the situation is changing, especially in some basins and sub-basins. Demand on the water resources have grown, creating new situations of scarcity that are dependant not only on the topography and climate, but also on the capacity of the society to manage the requirements of the quality and quantity of the water. The Laos Government (GoL) pursues optimal conditions to create socio-economic growth, being the exploitation and protection of water resources an increasingly important goal. For that reason, one of the targets set by Lao Government for year 2015 at the National Socio-Economic Plan is that at least five large basins have River Basin Plans. The Nam Ngum Basin was regarded as a pilot basin in Laos for the development of the IWRM working mechanism and processes that will subsequently be applied to other basins in the country. The River Basin Plan is an essential tool for a River Basin Committee (RBC) to fulfil its role incorporating IWRM principles. Integrated river basin management is a relatively new concept in Laos, not having the country much experience on it. The National Integrated Water Resources Management Support Program (NIWRMSP) focuses on the development and testing of appropriate river basin institutional arrangements in Laos, adjusted to local conditions in the selected pilot river basins, and leading to river basin plans being integrated into government planning and investment decisions. The Ministry of Natural Resources and Environment (MoNRE) executes the NIWRMS Program in the country, and the Department of Water Resources (DWR) implements it. The financing support is provided by AusAID (now DFAT), the Asian Development Bank (ADB) and the Government of Spain. The implementation of the Program commenced in October 2011, and will end at the end of the third quarter of 2015 after an approximate duration of four years. This Program has four Components, each with their corresponding expected outputs. The Output 2 is related with the River Basin Management development, and its mail goal is the development and implementation of Integrated Water Resources Management (IWRM) in river basins. The Package 2 TA was designed to support the Component 2 (River Basin Management). It started the activities in November 2011 ending in August 2014. The association of consultancy firms, IDOM from Spain and LCG from Laos, has assisted the Government with the implementation of the Component 2 activities later split into C2.1 (national level) and C2.2 (Nam Ngum River Basin) under a TA Contract with the ADB. The activities at national level under the Component 2.1 were coordinated directly with the DWR, and the main outputs have been the production (and discussion in technical meetings) of a draft National River Basin Planning Guidelines Report, and the organization of the Lao National River Basin Forum that achieved most of the planned objectives and outputs with the active participation of more than 200 stakeholders. On the other hand, three of the five planned steps of the NNRB MP under the Component 2.2 have been accomplished during the TA: (i) the NNRB Planning Guidelines, (ii) the State of the Basin Report (including the Climate Change adaptation Report), and (iii) the NNRB Management Strategy Report. Other remarkable achievements carried out include the organization of several grass-root participatory activities (at district level), the establishment of a Technical Working Group (at province level), and the first meeting of the NNRB Committee in October 2013 that was an important institutional milestone with the participation of a significant number of high ranked officials.

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During the development of the TA, the commitment of some of the national counterparts and the interest of implementing IWRM approach for the adoption of the river basin management procedures in the country has not been clear, arguing that the river basin activities (both planning and management) can be handled directly by DWR-MoNRE. Another significant challenge has been the slow process of the decision making; the practical application of some key decisions can be delayed in such a way that it impacts in a very negative way the efficacy of the activities planned by the TA. The transfer of NNRBCS from MoNRE to has also created some significant difficulties that do not have clear solutions in the short term. Relevant officials (including the Governor of Vientiane Province and the Vice-Governor of Bolikhamxay Province) argued that MoNRE’s decision of handover of the RBCs to the provinces should have been preceded by a modification of the 2010’s Prime Minister Decree of “Establishment of River Basin Committees” because this one did not mention the possibility of handover. An additional difficulty created by the transfer of the RBCs has been the resignation of the most experienced officials that worked for MoNRE. Some of them had an important background on water management because they had taken part actively in previous related projects and also had experience in some international good practices, but were replaced by PoNRE staff that did not have experience in the water sector. As a result, the capacity building activities on IWRM with the new team had to start almost from scratch when the TA was in fact in the second half. Despite all these handicaps, a significant number of activities have been carried out under the Component 2 with the support of the Package 2 Consultant with an overall participation of more than 1,000 people from a number of public agencies (at central, provincial and district levels), private and state-owned enterprises, civil society and high-education and research institutions. This has really been a demonstration of capacity strengthening on IWRM in the country using the “on-the-job” training approach. The MoNRE and the RBCs are young institutions in Lao PDR that have a secondary role in the water resources management in the country, especially compared with other more experienced public bodies such as the Ministry of Energy and Mines, the Ministry of Agriculture and Forestry or the Ministry of Planning and Investment. The activities achieved by the Component 2 with the assistance of the Package 2 Consultant have helped MoNRE and NNRBC to interact with other public (and private) stakeholders with the goal that at mid-term both agencies will gain the role of main coordinators of IWRM in the country. Despite the difficulties, there are still big chances for the successful river basin management development at national level in Lao PDR and, specifically, for the Nam Ngum River Basin (regarded as the most complex basin of the country). The most remarkable opportunities are related with: • The interest of keeping the support for the practical planning activities on the field that encourage directly the capacity development promoting the discussion over the current water problems and solutions at basin level • The need that MoNRE and NNRBC interact regularly with other public (and private) stakeholders with the goal that at mid-term both agencies earn the role of main coordinators of IWRM in the country and in the NNRB • Take advantage of the fact that new Head of NNRBC has an important political position that can boost RBC planning and management from the provinces, and • The interest that the new plans for 2016-2020, starting from the 8th 5-years National Socio- Economic Development Plan, include the proposals of the River Basin Plans that are being done by different agencies in Lao PDR.

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The years 2014 and 2015 are very important in the Lao’s planning system. In this period the performance of the plans for the period 2011-2015 will be reviewed and the plans for 2016-2020 starting from the 8th 5-years National Socio-Economic Development Plan will be designed. This process is especially important for the implementation of the River Basin Plans because, based on Lao’s regulations on IWRM, the role of the DWR and the NNRBC is to facilitate coordination and planning in relation to “water resources management” in the river basin. They do not have a mandate to directly implement activities on the ground, although they charged with ensuring water supply, water quality, environmental and livelihood development. The actual on-the-ground implementation of the River Basin Plans will therefore depend on a range of other agencies, so it is very important to make sure that all the current River Basin Plans under preparation in Lao PDR fit in the updated sectorial plans and have a proper budget allocation.

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EXECUTIVE SUMMARY IN LAO

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1. BACKGROUND

1. Lao PDR was traditionally known a water-rich country, but the situation is changing, especially in some basins and sub-basins and during some seasons of the year. Demand on the water resources have grown, creating new situations of scarcity that are dependant not only on the topography and climate, but also on the capacity of the society to manage the requirements of the quantity and quality of water. 2. The Laos Government (GoL) pursues optimal conditions to create socio-economic growth, being the exploitation and protection of water resources an increasingly important goal. For that reason, one of the targets set by Lao Government for year 2015 at the National Socio-Economic Plan is that at least five large basins have a River Basin Plans. 3. At the present stage of development, integrated river basin management is a relatively new concept in Laos, not having the country much experience on it. Supported by the Asian Development Bank (ADB), Australia and Spain, the National Integrated Water Resources Management Support Program (NIWRMSP) focuses on the development and testing of appropriate river basin institutional arrangements in Lao PDR adjusted to local conditions in selected pilot river basins, ultimately leading to river basin plans being integrated into government planning and investment decisions. 4. The Department of Water Resources (DWR) under the Ministry of Natural Resources and Environment (MoNRE) is the Project Executing Agency (EA) of the NIWRMSP. The implementation of the Program commenced in October 2011, and will end at the end of the third quarter of 2015 after an approximate duration of four years. 5. The Program has four outputs. The Output 2 has to do with River Basin Management development, and its mail goal is supporting DWR (former WREA) to develop and implement Integrated Water Resources Management (IWRM) in river basins, including dealing with large projects in water resources development, working across sectors and with communities and the private and public sectors. Due to its growing complexity and increasing water challenges, the Nam Ngum River Basin (NNRB) was selected as pilot basin. 6. The Package 2 TA focuses on the River Basin Management, started its activities in November 2011 ending in August 2014. By halfway of the TA, and following a request of the DWR, the Component 2 was split into two sub-components: C2.1 National River Basin Management, and C2.2 Nam Ngum River Basin Management. Since then, the Package 2 has provided support to the sub-component C2.2 and, partially, to the subcomponent C2.1. 7. The association of consultancy firms, IDOM from Spain and LCG from Laos, has assisted the Government with the implementation of the Component 2 activities (later split into C2.1 and C2.2) under a TA Contract with the ADB. The consultancy team has consisted of one international River Basin Expert playing also the role of Team Leader, one international Water Management Expert, and three national specialists: a River Basin Specialist (acting also as Deputy Team Leader), a Participatory Planning Specialist and a Climate Change adaptation Specialist.

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2. RESOURCES ASSIGNED TO THE TECHNICAL ASSISTANCE

8. The team of the Package 2 consultant has been composed of two international and three national consultants. The person-months initially allocated and those actually spend by each of them is detailed in the table below (the second name in the first column of some positions indicates that it was the replacement for the first):

p-m initially p-m actually Name Position allocated spent

Mr. Ruurd Kuiper / Mr. David River Basin Management Specialist and Team Leader 15.01 month 17.35 month Baringo

Mr. Oscar Ruiz Lozano Water Management Expert 0 month 1.63 month

Mr. Boriboun Sanasisane / River Basin Management Specialist and Deputy Team 30.02 month 30.92 month Mr. Bounheuang Phantasith Leader

Mrs. Duangchith Viravongsa Participatory Planning Specialist 18.02 month 18.62 month

Mr. Khampheng Sixaya / Ms. Climate Change Adaptation Specialist 2.07 month 2.07 month Khemngeun Phongmala

Table 1. Package 2 Consultant Team

9. Therefore, along the 32.50 months of the TA, the total resources used have been 18.98 person- months of international consultants (16.28 of those in-field) and 51.61 person-months of national consultants. 10. The resources have been revised when necessary during the assignment by means of contract variations. The most significant in this sense have been the following:

Num. Date Content

2 20/11/2012 Replacement of the TL

3 17/05/2013 Replacement of DTL

4 27/05/2013 Increase the inputs of the TL to better adapt them to the scope of the TA to assist PMU / PIU-2 in the preparation of concept notes, work plan and budget for 2013 and 2014, etc.

5 25/06/2013 Engage the services of the International Management Expert to incorporate the national component into the Guidelines for River Basin Plan

8 21/03/2014 Replacement of the Climate Change adaptation Specialist

10 06/05/2014 Extension of 2.5 months of the contract completion date due mainly to the fact that the activities of the NNRBCS were put on hold for approximately that period after the decision of handing over the Secretariat from MoNRE to the provincial administration of Vientiane

11 17/06/2014 Increase the inputs of the DTL and Participatory Planning Specialist in order to cover the time extension approved in the previous variation

12 26/06/2014 Extension of 1 month of the contract completion date in order to complete two important activities with concept notes approved: Climate Change Workshop and NRB Forum

14 25/07/2014 Increase the inputs of the TL to properly assist in the Forum preparations and attend the post- Forum

Table 2. Most Significant Contract Variations

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11. Besides the team of international and national specialists listed above, the TA has taken advantage of the advice and guidance provided from Spain by the Ebro Basin Authority (as one of the most recognized river basin authorities in the World) in the technical aspects of river basin management, and by the Environmental Hydraulics Institute of Cantabria in the specific field of climate change. 12. Moreover, the team of specialists has counted at all times with the back up support of the technical and administrative resources of the two companies of the association IDOM (Spain) and LCG (Laos), and with the assistance throughout the more than two years and a half of the assignment, of one project manager of IDOM who has been the point-of-contact with the ADB mainly for the administrative issues. 13. Leaving aside the budget for the organization of activities (meetings, workshops, seminars…) that has been entirely spent in those, the remuneration for the specialists both internationals and locals has been roughly 75% of the contract amount, whereas the remaining 25% has been for the out-of-pocket expenses: per-diems, office operation and translations, transportation, communication, and production of reports.

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3. WORK DEVELOPED AND OBJECTIVES ACCOMPLISHED

14. The Package 2 Technical Assistance on River Basin Management started on 24 October 2011 with a preliminary meeting between representatives of the DWR and the Consultant. The official Kick-off Meeting took place some days later by mid-November. The Package 2 Team was duly presented in front of representatives of different sections under the DWR, of the NNRBCS and of the other Consultants involved in the Project. Some relevant comments were already made about the capacity of the existing staff at the Secretariat premises in Thalat (Vientiane Province), and also about the necessity of a budget for undertaking the activities throughout 2012. Finally the TL gave his view regarding some items in the DMF that apparently were not covered by the Package 2 ToR. 15. A draft Inception Report was submitted to DWR on November 2011, presenting the Consultant understanding of: (i) the project objectives, (ii) the role of the consultant in supporting those objectives, and (iii) an initial approach, methodology and work plan for completing the work. The Inception Workshop was conducted in December 2011 near Thalat (Vientiane Province), chaired by the Director of PoNRE (Vientiane Province). The Head of PIU-2 presented a comprehensive overview of the development to-date of IWRM in Laos in general and in the NNRB specifically. In the intervention of the Package 2 Consultant, the TL highlighted the main points for discussion in the draft Inception Report, namely: (i) the presentation of the TA and the Package 2 tasks, (ii) the preparation of the stakeholder studies as one of the initial steps in the basin plan process, and (iii) the possible process outline. The Consultant then finalized the Inception Report based upon the outcomes of the Inception Workshop mentioned before, a Joint-Inception Workshop held later in February 2012 (which is described in the next paragraph), and the additional comments received from stakeholders, particularly those provided by DWR. The Package 2 Consultant submitted the final version of the Inception Report to DWR by the end of February 2012. 16. A Joint-Inception Workshop was held in Vientiane Capital the first week of February 2012, with participation of high-level representatives from stakeholder government agencies and development partners. The principal objective was to check the proper coordination and harmonization among the four NIWRMSP components under ADB TA-7780 LAO. After an introduction by DWR representatives, each package contributed a brief presentation, reiterating the main features of its Component as well as a summary of their respective draft Inception Reports. Representatives of development partners ADB and AusAID (now DFAT), co-financiers of the Program, provided a number of comments of importance for the implementing organization and the four consultancy teams during the “Table discussion” and in the conclusions of the Workshop. The Consultant noted as particularly important the reminder by the ADB representatives, further emphasized by the AusAID representatives and the MRC representative that the Project was (is) a Capacity Development Technical Assistance. It was further explained that the TA supports the government agencies to do the work, and that the consultancy services are in a guiding and assisting roles. 17. By the end of February 2012 the Package 2 Consultant stepped up its efforts to start the Stakeholder Surveys. A Concept Paper regarding the stakeholder participation at district and sub-basin level that had been drafted in the previous months was finally issued with the objective of assisting the PIU-2 and PMU for requesting the necessary funds to undertake some relevant activities in the provinces. By March 2012 the Package 2 Consultant had already done preparations for the Stakeholder Analysis at both lower (sub-basin and districts) and higher (national and province) levels. At this point the Consultant team focussed on assisting the PIU-2 with the establishment of the core team and provincial teams that would carry out the stakeholder surveys, as well as their capacity building; and in fact a core team preparation workshop was conducted by the Participatory Planning Specialist at the NNRBC Secretariat Offices in VTE Province the last week of the month. 18. On the other hand, the visits to national and international agencies as part of the Stakeholder Analysis at high level continued with the purpose of learning what the views of the leaders of the

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NIWRMSP - PACKAGE 2 FINAL REPORT agencies were in regard of the real situation of water resources in general and more specifically in the NNRB. In April all the preparations that could be made at this stage regarding the Stakeholder Analysis had been completed by the Package 2 Team, however the field activities scheduled had to be postponed since the Project had not received the necessary budget to carry them out. The same situation (no budget available) persisted during the following months, and the Stakeholder field surveys were finally put on hold. This problem was admitted and discussed during the Donors Review Mission that took place in August 2012 and that is described in the other paragraph below. 19. The process for the establishment of the NNRBC that was initiated in 2010 with the issuance of the Prime Minister Decree No. 293 on Establishment and Activities of RBCs had been put on hold due to the reorganization following the Decision to establish a Ministry of Natural Resources and Environment. The Head of the NNRBC Secretariat was finally assigned in late March 2012, and shortly after having assumed his position took as one of his highest priorities the establishment of a RBC for the NN Basin. On May 2012 the Head of the Secretariat, assisted by the Package 2 Consultant, requested the Minister MoNRE directions in relation to the process of establishment of the RBC. Following the suggestions and advices received from the Ministry, the Head of the NNRBCS scheduled visits to the five provinces in the NN Basin to meet with Vice Governors and head of agencies. These visits took place mainly in June and July, the Head of the NNRBC Secretariat being accompanied and assisted by the Package 2 Consultant leaded by the TL. The objectives accomplished were: • To introduce the NNRBCS mandate • To announce the establishment of the NNRBC • To review the nomination letters issued by the concerned province, and • To introduce the NIWRMSP Package 2 Team as the TA supporting the development of the River Basin Plan 20. As referred above, a joint Donors Review Mission was fielded to Laos the second week of August to review the technical and financial progress of the Components. The mission concluded, among other outcomes, that the progress of the Component 2 had been mainly office based so far given the budget problems to support the field visits and the stakeholder work. Regarding the overall financial progress, it was admitted that the delay in the accomplishment of the procedures to liquidate the advance payments was hampering the progress of some Project activities and in particular those necessary for the proper development of the Component 2 work plan. As it had been requested during the Review Mission, the Consultant produced an Addendum to the Inception Report the week after which was discussed in specific meetings held the second half of August and perfected with contributions from the PIU, CTA and IWRM Advisor. The final agreed version of the Inception Report was approved at last by the DWR in September together with those of the packages 1 and 3. 21. A first draft of Guidelines for River Basin Plan presenting the recommended processes design and structure, as well as the components for the further development of the NNRB Plan was submitted by the Consultant the first days of October. The document was discussed in several meetings with the PIU-2, NNRBCS, River Basin Management Task Force and CTA and received valuable contributions in from the ADB TA for the MAF and from the NIWR Advisor. An improved version was therefore finalized and submitted in January 2013. The Consultant was later requested to adapt the document in order to incorporate the “national component”. This task was developed during the first semester of 2013 and the final document produced is described more in detail in a specific sub-chapter below. 22. By mid-October 2012 the Consultant was requested to replace the TL. Once this happened the new Team Leader proposed a number of measures which implementation started in December. The first actions carried out during the first semester of 2013 were: • The assistance provided to the PIU-2 for preparing Concept Notes and for the organization of a number of participatory activities • The start of the collection of data along the five provinces within the NNRB for the preparation of the Current State of the Basin Report

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• The improvement in the coordination with the DWR at national level • The strengthening in the cooperation with other existing initiatives and projects working within the NNRB 23. The main findings of the updated State of the NNRB Report was submitted and discussed later by mid-2013 in a meeting of the Technical Working Group. The first ordinary meeting of the NNRBC was organized by its Secretariat with the support of the package 2 Consultant and took place on 8 October 2013. Following its Decree of establishment, this first session was chaired by the Governor of Vientiane Province (the new Head of the NNRBC for a 5-years period) and among other relevant participants that attended the meeting were the Vice-Minister of MoNRE, the Deputy DG of the DWR, and the Vice- Governor of Bolikhamxay Province. 24. The handover of the NNRBCS from MoNRE to Vientiane Province was confirmed by the end of the last trimester of 2013. The transfer process ended the first months of 2014. During the first semester of this year the planning process at the NNRB kept going with the new staff that had joined the Secretariat recently, and additional activities were carried out including more meetings of the Technical Working Group, a second round of the grass-root level stakeholder participatory activities, or the technical discussion of the NNRB Climate Change adaptation Report. The NNRB Management Strategy Report was also submitted during this period. 25. From mid-2013, and especially during mid-2014, the Package 2 Consultant has also supported the Sub-component C2.1. under the DWR, mainly for two activities: • The design and discussion of the National River Basin Planning Guidelines, and • The organization of the Lao National River Basin Forum that was held in Vientiane Capital on 30 and 31 July 2014 26. Under the complex institutional environment present almost since the beginning of the assignment, the Consultant has been flexible in many ways for trying to achieve the expected outputs of the Component 2 as established in the Design and Monitoring Framework (DMF). Some of those outputs have been fully accomplished, such as the production of a State of the Basin Report for the NNRB or the organization of the first meeting of the NNRRC. And others have been achieved in a lesser degree, like the interagency and interprovincial coordination or the discussion of the climate change adaptation strategies among the NNRBC members. It is clear for the Consultant that the improvement of the coordination procedures needs more time because IWRM is a quite new issue in Laos and the transfer process of the RBCs from MoNRE to the provincial authorities has unfortunately contributed to add more confusion to the coordination procedures in the water sector. 27. Regarding the NNRB Plan, three of the five-steps of the planning process have been accomplished, including the consultations at technical and grass-root levels. The last planning activity achieved, the NNRB Strategy Report, can be a useful document for the future management activities of the NNRBC and its Secretariat, but the complete 5-years NNRB Plan (coordinated with line agencies and provincial plans) is considered necessary to facilitate the actual implementation of the proposals in the Plan. 28. A summary of the degree of accomplishment of the main tasks of Component 2 is the following:

Activities for Component 2 Degree of Comments included in the original DMF accomplishment

State-of-the-basin reporting Submission of the Nam Ngum State of the Basin Report. developed and tested on selected Achieved This document was presented and discussed at political, basins technical and grass-root levels

Nam Ngum River Basin Committee Achieved First Meeting of the NNRBC held in October 8th 2013 organization and development

Interagency and interprovincial Four different Nam Ngum RB Technical Working Group coordination arrangement Highly achieved meetings done to discuss coordination arrangements developed

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Activities for Component 2 Degree of Comments included in the original DMF accomplishment

Basin development plans prepared Submission of the NNRB Strategy Report after a significant and linked to Mekong Basin Partially achieved participatory process. The NNRB Plan has not been fully development plan, and update cycle developed so it has not been approved by the NNRBC yet established

River basin committee members Climate Change Adaptation Report for the NNRB was submitted awareness developed regarding in 2013, and discussed with the key stakeholders in a specific climate change adaptation Highly achieved workshop in July 2014. It was partially presented in the First strategies using IWRM approaches Meeting of the NN River Basin Committee to basin management

River basin committees join to Heads of NNRBCS and DWR have taken part in different participate in Network of Asian Partially achieved international activities on RBO (including of NARBO). However, River Basin Organizations (*See the Head of NNRNC (the Governor of Vientiane Province) has NOTE below the Table) not taken part in any of those activities

Preparation of specific climate The NNRB Strategy includes specific proposals of intervention change adaptation interventions for related with climate change adaptation. However, those Partially achieved implementation in the Nam Ngum proposals are not specific because the NNRB Plan has not Basin been completed

National water resources inventory established and initial updates A draft Concept Note for this activity has been prepared under Not achieved prepared (*See NOTE below the the sub-component C2.1, however this activity never started Table)

A draft version of the National River Basin Planning Guidelines was presented and discussed in a meeting of the National Task National Guidelines for River Basin Force Group for River Basin Management (June 2014) and in a Partially achieved Management specific seminar of the Lao National River Basin Forum (July 2014). The existing draft of this document is still under discussion, and it has not been officially approved by MoNRE

Most of the Forum’s expected outcomes were achieved, Lao National River Basin Forum Highly achieved especially due to the wide participation from different key stakeholder. Some of the seminars fully achieved their objective

Table 3. Activities of the of Component 2 in the DMF

*NOTE: It has to be noted that some of the activities in the table above assigned to the Component 2 (DWR) are not in the scope of the Contract of the Package 2 (IDOM), and in particular the “River basin committees join to participate in Network of Asian River Basin Organizations” and the “National water resources inventory established and initial updates prepared”.

The difference between “Component” and “Package” was clarified in the Donors Review Mission of August 2012. The Aide Memoire of the said mission states (paragraph 5): “The Mission clarifies that the TA Components relate to the four expected outputs of the TA, as part of the larger NIWRM-SP, which is also supported by other development partners. As a CDTA, a design feature of the Project is to provide strategic consulting support to the Government to help the latter in implementing the National Water Resources Policy and Strategy... Consultant inputs have therefore been contracted under four Packages”. Components refer to the outputs expected from the Lao Government, whereas Packages refer to the TAs provided by consultants.

29. The narrative with the main activities carried out by each of the two subcomponents of this TA is included in the subsequent chapters 4 and 5 of this Final Report.

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4. SUB-COMPONENT 2.1 NATIONAL RIVER BASIN MANAGEMENT

30. The activities of assistance to the sub-component 2.1 started by mid-2013 and are summed up in two main outputs: (i) the design and discussion of the National River Basin Planning Guidelines, and (ii) the organization of the Lao National River Basin Forum that was held in Vientiane Capital on 30 and 31 July 2014. The local counterpart of the sub-component 2.1 is DWR under MoNRE.

4.1. NATIONAL GUIDELINES FOR RIVER BASIN MANAGEMENT PLANNING 31. One of the key activities of this TA was to define a River Basin Management Planning document focussed on the current situation of the Nam Ngum River Basin. After its revision by the DWR and, with support of the IWRM Adviser, it was agreed to include the national component in the existing document. The goal of this new document was to involve into its preparation a wide range of stakeholders (public, private, civil society, development partners…) in order to produce a new document that could be useful in the implementation of river basin and sub-basin planning activities throughout the country. 32. Based on the Guidelines previously developed by the Package 2 Consultant for the Nam Ngum River Basin and on the “Draft of Integrated River Basin Management Plan Guideline” prepared by the DWR, the revision was supported on the consultations and interviews carried out with different departments of MoNRE (including RBCs), MEM, MPI, MPWT and MAF. A draft of this document was submitted under the TA in August 2013. 33. The main contents of that draft version of the National River Basin Planning Guidelines do consider about the river basin planning process design (need of multi-agency coordination, stakeholder involvement, fit into the existing socio-economic planning system, financial arrangements of the river basin plans, etc.), and recommends seven core activities for the preparation process of the river basin management plans, including a draft work plan.

Figure 1. Task Force Meeting to discuss the National River Basin Planning Guidelines (Bolikhamxay Province, June 2014)

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34. The draft of this National River Basin Planning Guidelines was presented and discussed with 77 stakeholders from national line agencies, RBCs and PoNREs at Paksan District (Bolikhamxay Province) in a meeting of the National Task Force Group for River Basin Management held in June 2014. A subsequent and improved version of the document was presented and discussed in a specific seminar during the second day of the Lao National River Basin Forum (31 July 2014). 35. This document is still under discussion, and has not been officially approved by MoNRE yet.

4.2. LAO NATIONAL RIVER BASIN FORUM 36. The support of this TA for the organization of a River Basin Forum at national level was agreed in a meeting held in May 2014 with DWR and representatives of ADB and DFAT. 37. The main objective of the Lao National River Basin Forum was to update (in a participatory way) the current level of implementation of the Integrated River Basin Management (IRBM) approach in different parts of the country sharing experiences, summarizing lessons learnt, finding the ways how River Basin plans can be implemented more effectively and agreeing common planning methodologies for the future. The two main expected outputs of this activities were to increase awareness among key stakeholders about how the current water challenges in Laos (e.g. water quality degradation, flooding, food security, socio-economic development…) can be better solved applying Integrated River Basin Management’s approach, and do proposals on how to implement more effectively River Basin Plans in the country. 38. With the aim of ensuring that the Forum go beyond DWR-MoNRE, a Forum’s Technical Secretariat was established with the functions of approving the main contents of the activity and helping in the overall technical arrangements. This Technical Secretariat had two plenary meetings (on 6 June and 4 July 2014) and some of its members had an active collaboration during the presentations in the main seminars. The members of the Forum’s Technical Secretariat were representatives of DWR-MoNRE, MEM, MAF, PMI, NNRBCS, NT-NK RBCS, LNMCS, NUoL and EDL. Representatives of ADB, DFAT, IFC / WB and MRC also took part as observers. 39. The activity took place on 30 and 31 July at the National Convention Centre in Vientiane Capital. The most relevant participants (16% women) were representatives of the following agencies:

Total Number (% Women) (% of total)

Most Relevant Participants 214 15.9 ‘---

Central Line Agencies Number Women %

MoNRE 10 4 4.7 MEM 3 0 1.4 MAF 6 0 2.8 MPI 2 1 0.9 MPWT 2 0 0.9 MoH 1 0 0.5 MoF 1 0 0.5

MICT 1 1 0.5 Provinces Number Women % PoNREs 36 1 16.8 NNRBCS 2 1 0.9 NT-NKD RBCS 2 0 0.9 Nam Xong Sub Basin 1 0 0.5

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Total Number (% Women) (% of total)

Prov. Agriculture and Forestry 19 0 8.9

Prov. Energy and Mines 17 0 7.9 Mass Organizations Number Women % Lao Women Union 17 17 7.9 Fisher people committees 10 0 4.7

Irrigation committees 9 1 4.2

Private Sector and State-owned companies Number Women % Chamber of Commerce and Industry 1 1 0.5 Hydropower companies 22 1 10.3 Mining companies 6 0 2.8 Industrial companies 7 0 3.3 Tourism companies 2 0 0.9

Water Supply companies 3 0 1.4 High Education and Research Institutions Number Women % Natural Resources and Environment Research Institute 1 1 0.5 NUoL – Water Engineering 2 0 0.9 NUoL – Environmental Science 1 0 0.5 NUoL - Forestry 1 0 0.5 NUoL - Agriculture 1 0 0.5 NUoL – Social Sciences 1 0 0.5 NUoL – Tourism 1 0 0.5 IGESI Japan 1 0 0.5

IWMI 1 0 0.5 Others Number Women % Mass Media 15 3 7.0 Donors and Development Partners 9 2 4.2 Table 4. Participants in the Lao National River Basin Forum

40. During the first day various issues regarding the implementation of an IRBM approach in Lao PDR were addressed, after which the floor was open for the forum’s participants to state their positions, explain their experiences, and ask the panel questions. The six panellists represented the following river basin agencies: NNRBCS, NT-NK RBCS, Nam Ton (Sungthong District), Xebanhieng-Xebangfai (Khammouane PoNRE), Sedong (Champassak PoNRE) and Nam Ou (Phongsaly PoNRE). 41. The second day panellists from DWR, Bolikhamxay PoNRE, MEM, MPI, NUoL and EDL stated their points of view on how to implement IRBM principles in Lao PDR. The panellists reiterated many of the challenges and issues mentioned during the seminar discussions, and the DWR representative agreed that these comments would be incorporated on official documents and analysed for future action. 42. Seven individual seminars were also held along this two-day activity. They were divided into simultaneous sessions. Delegates could select to attend whichever seminars appealed them more. After the completion of the seminar session groups, a representative from each seminar presented their findings to the Forum. The floor was then open again for questions, suggestions and comments. The themes of the four seminars organized the first day were: “Improving Urban Water Supply Quality”, “Groundwater Management”, “Capacity Building” and “Water Resources Data”. The three seminars developed the second day were themed on “National River Basin Management Guidelines”, “River

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Basin Management Models, Floods, Droughts and Wetlands” and “Water Fees, Funding and Implementation Procedures for the River Basin Plans”. 43. The results of the evaluation forms filled in by the participants after the Forum (175 answers) show that 51% considered the overall quality of the activities as “Good”, 45% as “Fair” and 4% as “Bad”. It is significant that 63.5% of the audience considered “Good” the format of the seminars for presenting and exchanging ideas. 44. From the point of view of the consultants of the Package 2, most of the Forum’s objectives and expected outcomes were achieved, especially due to the wide participation from different key sectors including key public line agencies, private sector, academic and civil society. The DWR departments did a remarkable effort in coordinating with other agencies for the preparation of most part of the panel sessions and seminars. Some other issues however need to be improved in future forums: (i) most of the DWR presentations focused too much on DWR activities but did not properly addressed how to improve the implementation of IRBM approach in Lao PDR, (ii) many of the panel discussions and seminars had too many and too long PPT presentations so the time and quality of the discussions was reduced, and (iii) only some of the seminars fully achieved their initial objectives such as the Seminar III on Capacity Building and Awareness or the Seminar VII on Water Fees, Funding and Implementation Procedures for the RB Plans (thanks to the active involvement of MPI and MoF).

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5. SUB-COMPONENT 2.2 NAM NGUM RIVER BASIN MANAGEMENT

45. The activities of the Sub-component 2.2 (initially referred as Component 2) started in October 2011 at the beginning of the assignment of the Package 2 Consultant. The local counterpart has been the NNRBCS in coordination at national level with the DWR. Based on MoNRE’s mandate (Decree No. 435/PM, dated 28/11/2011), both the NNRBCS and the DWR are departments with the same hierarchical level under MoNRE. 46. Based on the Decision No. 7355/MoNRE dated 08/11/2013, the NNRBC activities were transferred from the central level to Vientiane Provincial Authorities. The new NNRBCS staffs were nominated by the Vientiane Governor Agreement No. 851/PoNRE dated 12/03/2014. 47. On 5 April 2014 the DWR informed the Package 2 consultants that DWR will be in charge of all the activities of Component 2 in conjunction with NNRBCS.

5.1. SUPPORT TO THE OVERALL NNRBCS ACTIVITIES (PREPARATION OF WORK PLANS, CONCEPT NOTES AND BUDGETS) 48. One of the key activities included in the ToRs of Package 2 had to do with providing guidance to the NNRBCS to prepare a strategic plan for management of the basin. With the aim of doing so, a work plan was jointly designed with NNRBCS staff including concept notes for each single activity in order to provide a better understanding of the different proposed activities and a clear budget following GoL financial regulations (Decision No. 008/MoF dated 05/01/2010) as well as ADB's instructions. 49. Despite the efforts done by the consultants of all the packages in general to focus the work on the technical part trying to contribute to minimize the differences among the departments of MoNRE, there were serious internal disagreements in the approval of the several versions produced of the work plans, concept notes and budgets. These internal issues have slowed down the work efficiency and have had a negative impact in the final outcomes of the Component 2. 50. The handover of NNRBCS from MoNRE to Vientiane Province was confirmed in the last trimester of 2013. The transfer process took until the first months of 2014. Due to this change, the DG, DDG, Technical Coordinator and most part of the administrative staff of NNRBCS (public servants of MoNRE) were replaced by members of PoNRE Vientiane Province. Sadly, most of the new NNRBCS staff did not have previous relevant experience in the water sector so, even with their remarkable cooperative attitude, the capacity building activities on IWRM and the work plans preparations had to start almost from scratch with this new team.

5.2. UPDATE THE NAM NGUM RIVER BASIN PLAN 51. The Nam Ngum is one of the major left bank tributaries of the Mekong River. The medium rainfall in the basin of 2,000 mm per year produces a high run off that generates an average annual flow from the Nam Ngum to the Mekong River of 21.6 billion m³, contributing with 14.4% of the flow of the Mekong River at the confluence. With an approximate area of 16,931 km2, the Nam Ngum River Basin is the fourth biggest in Lao PDR and stands 7.3% of its overall surface and 9% of its population. Over 850,000 people make their living at the Basin nowadays. The NNRB is a Laos’ national basin that includes five provinces, from South to North: Vientiane Capital (11% of the basin’s surface), Bolikhamxay (0.6%), Vientiane Province (67.3%), (4.3%) and Xienghhouang (16.8%). 52. The Nam Ngum Basin is regarded as the pilot basin in Lao PDR for the development of the IWRM working mechanism and processes that will subsequently be applied to other basins in the country. The reason why Nam Ngum River Basin has been was selected as pilot basin is due to the basin has become the most prominent example in Laos of cumulative effects of growing urbanization, hydropower

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NIWRMSP - PACKAGE 2 FINAL REPORT projects, large-scale mining, plantations and other development projects. The planning decisions in the NNRB affect for the not only to the Laos hydrological system but also the entire Mekong RB. The combined effects of different water uses on tributaries and mainstream are changing the fundamental characteristics of the river system with pervasive consequences on natural and social systems and economy.

Figure 2. District Distribution of the Nam Ngum River Basin

53. There are several important authorities that have particular responsibilities in the success of the water resources planning and management in the NN basin, but the agencies most directly involved in the preparation of the Nam Ngum River Basin Management Plan (NN RBMP) are the DWR (with PoNRE and DoNRE), the Nam Ngum River Basin Committee (NNRBC) and its Secretariat (NNRBCS). For the successful achievement of the common goal, the activities of all these three agencies have to work in a coordinated way. 54. The DWR has the mandate (No. 3089/MoNRE, dated 17/05/2012) to play the role as directorate unit of MoNRE in the implementation of the management, conservation, rehabilitation, utilization and development of surface water, groundwater, spring water, water quantity and water quality in the rivers, channels, creeks, ponds, swarms, wetlands of the country. Additional duties of DWR include the advice

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NIWRMSP - PACKAGE 2 FINAL REPORT on technical matters, monitoring, evaluation and support activities to the River Basin Committees and its Secretariats. 55. The River Basin Committees have the mandate (No. 293/PM, dated 15/06/2010) to act as a water resources executive in river basin under the direction of the Lao National Mekong Committee (LNMC) for management, development, conservation, rehabilitation and utilization of water resources in river basins area. The NNRBC was established by means of the Decision No. 10/PM, dated 29/01/2013, and it has among its responsibilities: • The development of strategies, action plans and regulations on water resources management in the NNRB, and • The submission to higher organizations for their consideration, approval and implementation supervision (Art. 5.1). 56. The NNRBC meets twice a year and includes 42 positions from relevant ministries and from the five NN provinces (Art. 6.1). Its first Chairperson for a five years period is the Governor of Vientiane Province, as agreed in the First NNRBC meeting held on 18 October 2013 at Ban Thaphoxay. Based on MoNRE Minister Decision No. 7355/MoNRE, dated on 08/11/2013, the NNRBC activities were transferred from the central level to Vientiane Provincial Authorities. 57. The Secretariat of this Committee (the NNRBCS) has the mandate (No. 3385/MoNRE, dated 28/05/2012) to play an advisory and assistance role to the MoNRE and to the NNRBC to facilitate and monitor all activities of the River Basin Committee. Its main duties are to prepare the draft NN Strategic Plan and the NN Basin Management Plan for each period in close coordination with concerned parties, and to submit these documents to the NNRCB for debate and consideration. The NNRBCS also has the duty to coordinate, promote and conduct different kinds of public awareness raising activities, in particular in the context of the River Basin Management Plan for the parties concerned and the relevant communities, in order to assure their full participation in the planning process. 58. The River Basin Plan is an essential tool for a River Basin Committee (RBC) to fulfil its role developing strategies, action plans and regulations for the water resources management. The Nam Ngum River Basin Development Sector Project (NNRBDP) implemented with the assistance of ADB and AFD produced a first draft Nam Ngum River Basin IWRM Plan in March 2010. This document was done with a low degree of public participations when the RBCS where not even established in Lao. 59. The update of the NN River Basin Management Plan is based in five major planning steps. The first three have been completed during this Package 2 TA:

Figure 3. Steps Completed (in blue) of the Nam Ngum River Basin Planning Process 60. Additional relevant activities of the planning process are the participatory activities carried out at different stages of the planning process and the preparation of the Climate Change adaptation Report for the NNRB.

5.2.1. Nam Ngum Guidelines for River Basin Management 61. In January 2013 the Package 2 Consultant, with the collaboration of the IWRM Advisor, submitted the document “Guidelines for River Basin Plan for Nam Ngum River Basin”. 62. The Guidelines for the River Basin Plan is a methodological document, and the first step of the NNRB Planning Process. This document includes a recommended process for the preparation of a plan

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NIWRMSP - PACKAGE 2 FINAL REPORT for the management of the Nam Ngum Basin’s water resources and the first expected users of this document are the NNRBCS, the DWR and other actors involved in the water management (provinces, districts, etc.) 63. The principal considerations for the planning process design in the NNRB are the following: • One of the targets set by the Lao Government for the year 2015 is that at least five large basins will have an RBC. The Nam Ngum Basin is regarded as the pilot basin in Lao PDR for developing the IWRM working mechanism and processes that will subsequently be applied in other basins. • Important elements for river basin management are the Law on Water and Water Resources of 1996 and the Prime Minister Decree of 2001 on Implementation of the Law of on Water and Water Resources. Particularly important for the RBMP preparation process is the Prime Minister Decree 293 of 2010 on the Establishment and activities of River Basin Committees. This decree makes clear that it is the RBCS’ responsibility to draft a river basin plan for consideration by the RBC (Art 11.2). The RBC, in coordination at national level with the DWR, will recommend the plan for approval to the Prime Minister (Art 5.1). Furthermore, the mandates of MoNRE (November 2011), DWR (May 2012), the Lao National Mekong Committee (May 2012), and the NNRBCS (May 2012) are of direct relevance. Finally, the Nam Ngum is a tributary to the Mekong River and therefore the Mekong Agreement of 1995 and subsequent additions need to be considered during the planning process. • The agencies most directly involved in the preparation of the RBMP are the NNRBC, the NNRBCS, and the DWR; but achieving an optimal use of the water resources will require an inter-sectorial ‘joint effort’ with the coordination of the key sector using and affecting water resources in the basin. The includes cross-sector coordination of all environment and water agencies (DWR, Department of Meteorology and Hydrology…) but also agriculture and forestry, energy and mines, planning and investment, finances, public works and transportation, industry and public health agencies... The multi-agency effort includes both, coordination at macro level (national and international) and micro level (provinces, sub-basins, watersheds, districts, koumbans and villages). One of the main objectives of the NNRBC and the DWR is to coordinate this dialogue and solve the conflicts between sectors and agencies linking the IWRM planning at macro and micro level in the NNRB. • The river basin management mechanism will need to include a sub-mechanism that gathers information at the ground level, such as facts, views and expectations, and feed it into the river basin management planning process. This sub-mechanism would support the bottom up aspect of the planning approach. • One public sector agency cannot prepare an action plan that an agency of another sector will have to implement. Therefore, preparation and subsequent implementation of an RBMP will require the participation of the public sector (regulation and services), but also of the representatives from the business sector (hydropower, mining, forestry, agriculture, etc.) and from the communities (farmers, fishermen, women unions, producers organizations, etc.). The extent of participation should fit the project period and resources. • Multi-agency effort to collect data and stakeholders participatory activities has to be complemented with additional technical studies during the planning process. These research and studies will improve and update the basin profile, will improve the results of the participatory workshops providing technical evidences to the debates, will clarify different basin development scenarios and will facilitate the final planning decisions. The most important technical studies for the Nam Ngum will be: (i) The hydrological model with reservoir operation capabilities (ii) The creation of the Nam Ngum Geographic Information System integrated at national level with the Data and Information Division of the DWR

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(iii) The inventory of Point Source and Diffuse Pollution (iv) The study for the establishment of basin water funds to collect water royalties and polluter-pay fees (v) The Climate Change Adaptation Report. • The national budget planning system is the only gateway for government agency activities to receive funds from the State budget. The RBMP will only be effective in case is in line with the Government’s five-year planning cycle for the two following reasons (i) Approvals and budget for implementation of planned activities will come through the 5-year planning process, and (ii) The Plan will have to relate to the sectorial plans prepared under the 5-year planning process at national, provincial and district level for incorporation into the National Socio-Economic Development Plan. • Establishing an RBMP for IWRM in the river basins is a form of decentralisation of governance. The central government transfers power to the provincial, district and villages administrations to elaborate jointly and agree on water resources management. • At this initial stage of establishment of IWRM in the basin, the emphasis needs to be on getting the envisaged public management mechanism for IWRM in place and functioning. A gradual development of the plan, with emphasis on step-wise fine-tuning to arrive at the best process in plan preparation given the limitations of current conditions, accompanied by capacity-building will greatly support this. The NNRBDSP’s “Concept Note on Integrated River Basin and Watershed Planning in Lao PDR” (Feb 2008, pag. 7-8) advises: ”The planning and institutional approach should be put in place in a step-by-step and experimental manner. Awareness, technical skills and human resources are limited at all levels, particularly at the provincial and district levels. It would be unwise to try to establish a complex institutional and planning system where the expected benefits do not outweigh the time and cost of doing so.” 64. The core activities forming the critical path of the RBMP preparation process are: • Guidelines for River Basin Plan • Technical Working Group for RBMP • Top-down/bottom-up stakeholders involvement Strategy • Current State of the Basin Report • River Basin Management Strategy • The 5-year River Basin Management Action Plan • The first Annual Work Plan These are better detailed in the two figures of the next pages included and extensively explained in the Guidelines Report for RB Planning.

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Figure 4. Outline of the Nam Ngum River Basin Management Planning Process and Principal Reports

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Figure 5. Process Preparation of the Nam Ngum River Basin Management Plan

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5.2.2. Nam Ngum State of the Basin Report 65. During the second quarter of 2013 the Package 2 Consultant produced a comprehensive Report about the current state of the NNRB. The Report was in fact the second step in the NNRB Planning Process, and besides the overview of the main features of the basin, its current challenges were also summarized and addressed in it. 66. Given the information gaps in the water sector in Laos, the State of the Basin Report was done combining the existing data gathered, the results of the first stakeholder participatory workshops previously carried out, the results of the NNRB Technical Working Group activities, and the first outputs of additional technical studies and projects going on in the same area. The report is comprised of six main parts: • The NNRB in the Mekong Context • Features of the NNRB • Socio-economic profile of the NNRB • Public water resources management systems in the NNRB • Overall condition of the NNRB water resources • Conclusions and recommendations for the next steps of the planning process

The NNRB in the Mekong Context 67. The first two chapters describe the main features of the NNRB in the Mekong context. With a contribution of 21.6 billion m³ it is one of its major left bank tributaries. The report emphasizes how large changes in the Nam Ngum flow regime, water quality or capacity to support biodiversity would affect the entire hydrological system of the Mekong River. With an approximate area of 16,931 km2, the basin includes 5 provinces and 19 districts in Laos. The NNRB area is influenced by seasonal monsoon climate belonging to both subtropical and tropical zones. Most part of the annual rainfall (84 to 94%) is concentrated from May to October whereas the dry season is from November to April. The annual mean precipitation of the basin is about 2,000 mm but it varies widely from 3,500 mm at Vang Vieng to 1,400 mm at Xiengkhouang.

Main Features of the NNRB 68. The basin is characterized by a rough topography with only 16% of the whole area having slopes lower than 5º. Land use is changing fast and in less than a decade the urban areas have almost tripled whereas the forest cover has decreased from almost 47% in year 2002 to 36% in year 2010. The seasonal nature of the rainfall in the NNRB produces local circumstances of flood and drought, but it is also influenced by the fact that the operation of the existing hydropower dams does not apply a cascade management strategy of discharges to alleviate its effects. Groundwater resources in the NNRB are barely analysed but some initial researches show that there is moderate potential in the headwater area of the basin, and high potential in the Vientiane Plains area. Some of the expected direct consequences of climate change in the Basin are the increase of precipitation and the mean temperature.

Socio-economic Profile of the Basin 69. The NNRB is regarded as a strategic area for the current and future social and economic development of Laos due to its attractiveness among the public and private investors. The population of the basin grows faster than the national average with over 900,000 people living there, and expected to

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NIWRMSP - PACKAGE 2 FINAL REPORT surpass one million by year 2015. In the past years a good progress has been done in water supply, sanitation and irrigation development; however much work needs to be done to improve the quality and coverage of the services. Fishing in NNRB is mainly considered a supplementary occupation that plays a key role in the livelihood of the communities. 70. Hydropower is considered a strategic sector for the national economy of Laos. Most hydropower projects in the country are concession agreements for Independent Power Producer Projects to export. NNRB has six hydropower facilities currently in operation with 1,090 MW installed capacity, 37.1% of the total national. More 952 MW have been planned in the NNRB in nine different development projects for the near future. Small hydropower that has especial potential in this basin may also increase those figures.

Figure 6. The Nam Ngum River Basin Sub-basins Map 71. The NNRB, especially Xiengkhuang and Vientiane provinces, are also a strategically area for mining due its significant potential for gold, silver, copper, lead-zinc, tin, potash and coal. Although most of the mining projects in the NNRB are still under prospection or exploration stages there are already some operating large-scale mining sites along the basin. Stakeholders near mining and industrial sites have already reported problems with the water quality showing the lack of information and the need to enforce the existing environmental regulations in the companies.

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72. In the last years, the rubber plantations are having a particular success in the NNRB due to the easy transportation to the purchasers and processing plants in the neighbouring China, the possibility to be grown on sloping land, and the flexibility of the production contract agreements with small farmer landowners. Two of the twenty established Lao national protected areas (NPA) are in the NNRB: Phou Phanang, that is suffering severe habitat degradation; and Phou Khao Khouay, that has a management plan and has developed a strategy on eco-tourism. 73. The lowland agriculture is mainly rain-fed and irrigated cropping while upland agriculture is characterized by shifting cultivation. The main staple crop is glutinous rice cultivated in paddies for domestic consumption. Other crops grown include vegetables, corn for livestock feed, coffee, tea, fruit, spices, sugar cane and cotton. The annual increase rate of the land under irrigation grows slowly due to the steep topography, limited land area suitable for irrigation and low investment in irrigation infrastructure. The existing irrigation projects in the NNRB are confined to narrow strips along the Nam Ngum River and its tributaries. Agriculture is more developed in Vientiane Plain that includes 75% of irrigated areas in the Nam Ngum Basin, essentially for rice and vegetable production. Recent studies have shown that hydropower and irrigation are complimentary developments at the basin and the current water available stored in Nam Ngum I dam would be enough to guarantee environmental flows in the lower Nam Ngum during the dry season and use a part of the remaining flows for gravity irrigation. 74. Fishing in NNRB is mainly considered a supplementary occupation that plays a key role in the livelihood of the communities. In the grass root participatory workshops the declining fish population in many of the NNR watercourses was one of the major concerns reported by the stakeholders at district level. Local communities mostly use wild capture techniques to catch the fishes for household consumption, but if there are some surpluses these are sold in local markets. Despite the fact that aquaculture fisheries have being heavily promoted by GoL in the last years in different NSEDPs and in the Fisheries Law, it has not being been widely adopted yet. 75. Tourism is another dynamic sector that contributes 10.8% of the GDP to the national economy, and the NNRB is becoming an important choice for national and international visitors. Currently the most important destinations in the basin are Vang Vieng, the Stone Jars, the Nam Ngum I reservoir and the Phou Kao Khouay National Park. From 1993, two of the twenty established Lao national protected areas (NPA) are in the NNRB: Phou Phanang that is suffering severe habitat degradation, and Phou Khao Khouay that has a management plan and has developed a strategy on eco-tourism.

Public Water Resources Management Systems 76. The Water Resources Law of 1996 (under revision) focuses on the protection of water resources, water resource planning and prevention of water pollution. The Law approved to carry out water development activities in accordance with a socio-economic development plan. Currently, there is not any official government-endorsed water policy, but there is a “Draft National Water Resource Strategy” until 2020 under discussion. And a “Water Resource Action Plan for 2011-2015” that proposes to establish twelve programs and actions improving implementation and coordination, river basin and sub- basin water resource planning, groundwater management, water allocation, water quality or flood and drought management. 77. Water resources management is also partially included in the 5-year plans of different ministries (mainly MAF and MEM but also MoH and MPWT among others) as well as province and district authorities. One of the current main governance water challenges in Laos is to move from sectorial to integrated water resources management (IWRM). In this context, the NNRBC, the Secretariat (NNRBCS) and the DWR (with PoNREs and DoNREs), will play a central role in the process. The

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NIWRMSP - PACKAGE 2 FINAL REPORT review of the existing main institutional challenges to develop an IWRM approach in the basin assessed the performance of nine key functions for water resources management in a river basin: (i) stakeholder participation, (ii) water allocation, (iii) pollution control, (iv) monitoring and enforcement, (v) information management, (vi) economic management, (vii) flood and drought management, (viii) basin planning, and (ix) gender, ethnic minorities and poverty alleviation. The overall outcomes show irregular results, and the main conclusion is that there is much work to be done yet for the majority of the functions listed. 78. The analysis of the main functions of water resources management in a river basin with an IWRM approach show irregular results:

Current Main River Basin Functions Comments Performance

Many participatory activities done at basin, sub basin and Stakeholder participation watershed level, but usually with low coordination

Water allocation No specific activities already done

International cooperation supports DWR Water Quality Pollution control Department in different projects, but the currently available data is

not reliable and does not to reach public.

International cooperation supports DWR, NNRBCS, PoNRE, Monitoring and enforcement DoNRE, but the existing public monitoring and enforcement

activities are weak

International cooperation supports DWR Information Centre Information management strengthening its capacities but the information gaps on water

resources are very important

A water resource fee has not been implemented yet (as pointed by Economic management the RBC degree) and currently the funding is mostly limited to

international cooperation support

No specific activities done and uncoordinated dam operation in the Flood and drought management basin keeps being a major issue

With the support of international cooperation for the process of Basin planning update of the Draft NNRB IWRM Plan (year 2010)

Gender, ethnic minorities and GoL and international cooperation projects includes specific poverty alleviation activities on these issues, but there is still much work to be done

Gender, ethnic minorities and GoL and international cooperation projects includes specific poverty alleviation activities on these issues, but there is still much work to be done

Table 5. Current performance of the main functions of water resources in Nam Ngum River Basin (Green colour means high performance, Yellow colour means medium performance and Red colour low performance)

Overall condition of the Water Resources in the Basin 79. The current water demand in the NNRB is hard to assess due to the variability of the data about the irrigation and domestic uses, and the lack of information regarding the industrial water use. The quantity of water demanded by consumption uses represent less than 30% of the river discharge in the four driest months of the year and that quantity is estimated to be shared 99% in irrigation, 0.95% in industries and 0.05% in domestic activities. In year 2008 was estimated that the most of the growth in

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NIWRMSP - PACKAGE 2 FINAL REPORT use was downstream of Nam Ngum I dam, where hydropower releases are significantly more than irrigation requirements. All areas are irrigated by surface irrigation; sprinkler and micro-irrigation are not used. 80. Most of the existing water quality data in the NNRB is not reliable. The NNRB integrated water quality database that should include the information produced by the National Environmental Laboratory (NEL), the Department of Irrigation of MAF and the laboratory of the National Centre for Environmental Health and Water Supply has not been established yet. Other sources of information are the water quality reports shared by the mining, hydropower, industrial or tree plantation companies that are under operation in the basin, but these may not be accurate. 81. The declining water quality and, mainly, its effects on the quality of the drinking water and the fish population were one of the main concerns reported by the stakeholders in the participatory workshops organized for this NNRB Plan. Some stakeholders also reported that some wastewater treatment plant installed in industrial and mining sites did not work properly, especially during the rainy season. However, this information has not been confirmed by either official or technical data. 82. There is a general lack of information about the current ecological status of the Nam Ngum River Basin water resources. The most complete researches have to do with fishing but there is not a scientific consensus about the general state of the wild fish population in the basin yet. The development of the additional hydropower projects in the basin further regulates and reduces flows and sediment loads of the river, so cumulative impacts on the river’s health are expected. 83. Inter-annual variability of dry and wet season flows is a natural characteristic of the Nam Ngum River Basin causing economic loss, social hardship and at times loss of life, particularly on the Vientiane Plains. There are also flash floods and landslides associated with heavy long lasted rainfall in mountainous areas On the other hand, floods are important for non-irrigated rice on the alluvial plains, depending of overflows for cropping, and the on-going health of ecosystems. The exposure to flooding of the NNRB is increasing due to the effects of: (i) the deforestation process, (ii) the growth of the urbanized areas in naturally flood prone areas, (iii) the river straightening works and ‘hardened' catchments, (iv) the changes in the river’s hydrology caused by the dams, and (v) the impacts of climate change. 84. The construction of the reservoirs has stabilized the yearly average flow (dry-season flows are higher than pre-construction averages, and wet season flows below average), but the dam’s downstream areas are suffering from rapid fluctuations in water levels on a daily basis. The water releases regime of the different dams is not well defined and the habitants (and even the other dams) downstream do not know when the next flood will come. 85. Since the largest portion of the Lao population lives in rural areas and depends largely on agriculture, they are most vulnerable to periodic water scarce periods. Droughts cause reduced yields or total loss of crops, especially rice, together with reduced livestock and fishery yields. Even if severe and extreme droughts are still rare in the NNRB, the National Risk Profile reported a high susceptibility from suffering moderate to moderate-extreme droughts in Xiengkhouang Province, especially on its northwester areas. 86. A number of inter-basin diversions into the NNRB from neighbouring catchments outside the basin are already taking place: from the Nam Xong into Nam Ngum I (400 m³/s), from the Nam Leuk system into the Nam Ngum I (100 m³/s capacity) and from the Nam Mang via Nam Mang 3 into the lower Nam Ngum. All of them with the main purpose of increasing the hydropower generation. Additionally, a transfer of water from the Nam Ngum to North East Thailand is under study to increase irrigation availability in that region. This diversion would use a canal and pipe-tunnel system to transfer water from a barrage constructed across the lower Nam Ngum approximately 15 km upstream of its

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NIWRMSP - PACKAGE 2 FINAL REPORT confluence with the Mekong River. The amount of the Lao-Thai water transfer studied ranges from 150- 300 m³/s. It should be noted that 300 m³/s is a higher figure than the current dry season flow in the Nam Ngum River at the diversion site.

Conclusions and Recommendations for the next steps of the Planning Process 87. The “NNRB Challenges Tree” summarizes in a single image the main problems to be solved by implementation of the NNRB Plan. It also presents the conclusions and recommendations for the next steps of the NNRBP Process: the River Basin Management Strategy, the 5-year River Basin Management Action Plan, and the First Annual NNRBCS Work Plan.

Figure 7. The Integrated Water Resources Management Planning Challenges for the Nam Ngum River Basin

5.2.3. Climate Change Adaptation Report 88. The development of climate change adaptation awareness among the members of the RBC was one of the expected outputs of the TA. This document was an important input for the preparation of the current State of the Nam Ngum River Basin Report. The Climate Change Specialist of the Package 2 reviewed the available literature and studies on possible climate change impacts in Nam Ngum River Basin, and in collaboration with the other members of the Consultant team and the IHC, has been able to provide advice on strategies and approaches to mainstream climate change adaptation, in order to prepare recommendations for climate change adaptation studies in the NNRB, and to assist in the integration of the climate change approaches into the professional development of the NNRBC Secretariat staffs.

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89. One of the activities organized by the NNRBC Secretariat with the support of the Consultant was the presentation of the conclusions of the Climate Change adaptation Report in a consultation workshop with the attendance of international experts and representatives of relevant Lao agencies and research institutions. 90. The Climate Change adaptation Report (one of the contractual milestones) was produced in June 2012. The document analyses the effect of the foreseen climate change in the NNRB, quantifies the most relevant variations in the main hazards for climate change that can be expected in the basin over the 21st Century, and proposes several actions to reduce or adapt to the upcoming risks. 91. Using an statistical downscaling technique based on the results of the ECHAM-5 global circulation model, the general conclusion is that precipitation will experience an overall annual increase in the NNRB over the 21st century, with variations ranging from -2% in the northwest to 12% in the south and south-west. Three characteristic scenarios from the IPCC (B1, A1B and A2) have been analysed and all of them show similar trends, with some local differences. This pattern cannot be detected in the historical discharge records available, partly because the longest are affected by upstream reservoirs. However, some hyetographs show a significant upward trend during the last 30 years. Mean temperatures are also expected to increase in the coming decades, reaching for the worst scenario +2.5 °C in the mid-term (2040-2070), and +3.6 °C in the long term (2070-2099). However, predictions of temperature increases for the short term (2010-2030) are more benign (+0.6 °C), implying that global climatic trends will take some time to become noticeable in the region.

Figure 8. Multi-model global averages of surface warming for the SRES scenarios A2, A1B and B1

92. Some of the expected direct consequences of climate change in the NNRB cannot be considered as negative in general. In particular, agricultural productivity, and especially rain-fed crops, will tend to increase due to a larger concentration of CO2 in the atmosphere and more rainfall. At the same time, larger runoff volumes imply higher hydroelectric and irrigation potential, which are two of the present economic pillars in the region. On the other hand more severe rain storms and agricultural development

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NIWRMSP - PACKAGE 2 FINAL REPORT can easily increase the flooding and landslide risks in the basin, specially associated with local and sudden phenomena (flash floods) accompanied by debris and mud. 93. Another potential risk for the NNRB is the fulfilment of its hydroelectric potential via the construction of large reservoirs. Fish fauna in the whole Mekong basin is endangered, specially the migratory species that would be affected not only by flow barriers built within the basin, but also by reservoirs in other tributaries or in the Mekong River itself. Fish stock reduction poses a threat to local communities and a serious perturbation to the riparian food web and the whole ecosystem. In conclusion, the most important risks linked to climate change in the NNRB are in fact indirect ones, in particular when higher precipitations overlaps with deforestation processes, or hydroelectric developments the connectivity of the fluvial systems is affected. In another category of risks, higher mean temperatures (see figure below) and less water available in the water courses during the dry season, as can be expected for the second half of the 21st Century, may have an impact in terms of public health, water quality, heat waves, etc.

Figure 9. Projected surface temperature changes for the early, mid and late 21st century (B1, A1B and A2 SRES scenarios)

94. Some general recommendations are proposed in order mitigate future risks. It is important to note that these mitigation measures require agreement with political and administrative organisations outside the water resource management sector, for example: energy and mining, agriculture, territorial planning, tourism, forest and wild life conservation, public health, transportation, etc. Flood management plans and risks maps should be implemented in the NNRB, possibly with early warning systems. Since water availability and quality will become a greater concern in the following decades,

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NIWRMSP - PACKAGE 2 FINAL REPORT realistic and economically sustainable water supply and sanitation schemes have to be planned and implemented in the most affected zones, prioritizing the investments according to local vulnerability. All the reservoirs along the NNRB must be planned, built and operated under close surveillance of an independent and strong environmental agency or unit and, in order to supervise the operations of the existing dams and mining facilities, real time data from a river surveillance network will be needed, supplying information on flowing discharges and some basic water quality parameters. Design guidelines for environmentally friendly and resilient infrastructures affecting water bodies (dams, roads, levees, etc.) have to be approved and disseminated. 95. Apart from these technical measures, a special effort is required in terms of training the staffs in charge of the water resources management, and also on the side of water governance: check the alignment of the existing legal framework with the development plans of the country or region and design an efficient structure for the water administration and deputy offices across the country. Since many of the upcoming risks will be caused by the development of other sectorial plans, especially energy and land planning, it is very important, from the point of view of water management, to ensure a high level of connectivity and cooperation among the different government units, and also between central, provincial and local authorities.

5.2.4. Nam Ngum River Basin Management Strategy 96. The NNRB Management Strategy formulates a strategic vision for the future of the basin’s water resources. This Strategy provides a short, medium and long-term view on the management of the basin, defining in detail the approaches and mechanisms to be followed / established. The Strategy also sets targets and milestones, and defines a road map to achieve the improvements on the basin. The document produced by the Consultant includes an annex with the summary of the main planning documents linked with the NNRB Management Plan. 97. A main challenge for the preparation of the NNRBC Management Strategy is how to fit it into the existing governance system. One central requirement is that the river basin plan has to be in line with the Government’s five-year planning cycle. For that reason the Nam Ngum River Basin Strategy include a detailed matrix analysis of the main planning documents linked to the Nam Ngum RBMP, including:

• 7th 5-years National Socio-Economic Development Plan (2011-2015) • MoNRE’s 5-years Plan (2011-2015) • Ministry of Energy and Mines’ 5-years Plan (2011-2015) • Ministry of Industry and Commerce’s 5-years Plan (2011-2015) • Ministry of Health’s 5-years Plan (2011-2015) • Ministry of Agriculture and Forestry’s 5-years Plan (2011-2015) • Ministry of Public Works and Transport’s 5-years Plan (2011-2015) • Ministry of Finance’s 5-years Plan (2011-2015) • Ministry of Information, Culture and Tourism’s 5-years Plan (2011-2015) • For the NNRB provinces, Natural Resources and Environment Department’s Plan • For the NNRB provinces, Planning and Investment Department’s Plan • For the NNRB provinces, Agriculture and Forestry Department’s Plan • For the NNRB provinces, Industry and Commerce Department’s Plan

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• For the NNRB provinces, Energy and Mining Department’s Plan • For the NNRB provinces, Public Health Department’s Plan • For the NNRB provinces, Information, Culture and Tourism Department’s Plan • For the NNRB provinces, Finance Department’s Plan • For the NNRB provinces, Committee for Advancement of Women’s Plan 98. In order to define the NNRB Management Strategy, especial attention has been paid to the overall direction, overall objectives, targets, missions and principles proposed in the document “National Water Resource Strategy until 2020” which main purpose is “to provide guidance for the participating Government agencies and investors in water sector to carry out appropriate and well-coordinated water management and utilization activities”. 99. The overall direction of the NNRB Management Strategy until the year 2020 is based on the following issues:

• The NNRBC, DWR and MoNRE will coordinate the water resource management and planning activities at the NNRB which will be consistent with the central, provincial and local levels. • Water Resources Management at the NNRB will be undertaken under the scope of policy, strategy, laws and other associated documents of the Government, such as contracts, treaties and international agreements signed by the Government. • The central role of the NNRB Management Plan and the complementary role of the Plans at sub-basin / watershed level. • Inclusion of groundwater resources into the NNRB Management Plan. • Creation of a working team on Data Collection and Geographical Information Systems in the Technical Division of NNRBCS, in coordination with DWR’s Water Resources and Information Centre. • Definition of a clear procedure on water allocation in the NNRB, and consultations for the larger development projects. • Design and implementation of impact mitigation activities for flood and droughts, protection of the water ecosystems and adaptation activities to Climate Change • Use of the new Nam Ngum River Basin Fund (NNRBF) as a planning and management tool and a benefit-sharing procedure. • Establishing top-down and bottom-up procedures to ensure that the stakeholders participate and are informed of the NNRB management and planning activities.

5.2.5. Participatory Activities 100. For the success of a River Basin Planning putting into practice an Integrated Water Resources Management (IWRM) approach, it is required both an active participation strategy with the main stakeholders, and the proper communication channel to coordinate their activities and to share the results with them as well as with the general public. 101. The main task of the Participatory Planning Specialist engaged for this TA has been helping to develop and implement mechanisms to enable the effective participation of all stakeholder groups in developing and monitoring the River Basin Plan. The Specialist has also, among other contributions, assisted the NNRBCS to establish effective mechanisms for participatory planning in the NNRB, provided training to the NNRBCS staff on the facilitation of field consultations and surveys, and guided

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NIWRMSP - PACKAGE 2 FINAL REPORT the NNRBCS in the facilitation of stakeholder meetings in the NNRB during preparation of River Basin Plan. 102. For the participatory planning approach parallel top-down and bottom-up involvement strategies have been used. In one hand gathering information at ground level such as facts, views and expectations of the water users and stakeholders. In the other, administrating the multi-agency effort including coordination at macro level (national and international) and micro level (provinces, sub-basins, watersheds and districts). One of the main goals of the NNRBC and the DWR is leading this dialogue by linking the IWRM planning with the stakeholders at macro and micro level in the NNRB in order to settle conflicts or disagreements between different sectors and agencies.

Figure 10. The Participatory Workshops were held in each of the four areas of the NNRB that shared similar water challenges

103. The starting point of the Participatory Planning Strategy was the definition and update of the “Nam Ngum River Basin Stakeholder Map”. This document includes the most relevant public, private and civil society stakeholders that may be interested in participating in the different stages and activities of the NNRBP. This is a living document because it keeps on being improved during the planning process adding or replacing actors for instance. The final objective is to engage / involve the most relevant and significant stakeholders from government agencies (national level, provinces and districts), enterprises (including State-owned and private), civil society, other existing projects at basin and sub-basin levels in the NNRB area, main researchers and high education institutions, and donors.

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104. During the assignment, the main participatory activities carried out by the NNRBCS with the assistance of the Package 2 Consultant have been the following:

• Bottom-up participatory activities: (i) Two series of grass root level participatory workshops (January 2013 and May 2014) in each of the four main regions of the NN Basin that shared common water challenges: Upper (Nam Ting - Nam Chat, Nam Kho, Yot Ngum, Nam Pheng-Nam Poung, Nam Phay - Kamang and Nam Po - Nam Souy sub basins), Mid-Western (Nam Xong, Yoth Lik, Nam Lik and Nam Pat sub basins), Mid-Eastern (Nam Xan, Kengnoi, Nam Pha - Yen, Nam Chia - Hoa, Nam Muay and Nam Mo sub basins) and Lower (Nam Houm - Park Ngum and Nam Chen - Nam Souang sub basins) (ii) Field visits and direct interviews with stakeholders who were not able to attend the participatory workshops (farmers, fishermen associations…). This activity has been done several times during the planning process and includes an intensive one-week field visit to the entire basin in April 2013 and the visit to key hydropower and mining site in January-February 2014. • Top-down participatory activities: (i) The first meeting of the Nam Ngum River Basin Committee (October 2013). (ii) Four Technical Working Group meetings (January 2013, May 2013, July 2013 and May 2014). (iii) Technical meetings to present and discuss with specialists at national level the conclusions of the NN Climate Change Adaptation Report (June 2014). 105. The total number of participants of the NNRB participatory activities has been estimated in 774 (126 of them (16.3%) women), distributed as follows:

Total % Total Date Number Women

Participants (excluding NNRBCS and Consultant team) 774 16.3 November 2011 to July 2014 Total Activity Women Date Number Kick-off meeting 10 2 16/11/2011 Capacity Assessment of NNRBCS 4 1 19/11/2011 Orientation Meeting 21 3 12/12/2011 Inception Workshop 33 6 16/12/2011 Interviews with major public stakeholders and donors 23 1 1/12/2012 to 24/4/2012 1st Stakeholders Participation Workshops at District Level 4/1/2013 28 4 (Lower Stream) 1st Stakeholders Participation Workshops at District Level 8/1/2013 43 7 (Upper Stream) First meeting of the Technical Working Group 47 3 10/1/2013 1st Stakeholders Participation Workshops at District Level 11/1/2013 62 11 (Mid-Western Stream) 1st Stakeholders Participation Workshops at District Level 15/1/2013 33 0 (Mid-Eastern Stream) Field visit to grass root Stakeholders 15 0 23/4/2013 to 3/5/2013 Second meeting of the Technical Working Group 29 0 30-31/5/2013 Third meeting of the Technical Working Group 32 3 12/6/2013 Technical preparatory meeting of the 1st Ordinary Meeting of 38 0 26/7/2013 the NNRBC

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Total % Total Date Number Women

1st Ordinary Meeting of the NNRBC 91 8 18/10/2013 Handover of NNRBCS from MoNRE to Vientiane Province Fourth meeting of the Technical Working Group 29 1 2/5/2014 2nd Stakeholders Participation Workshops at District Level 57 16 16/5/2014 (Lower Stream) 2nd Stakeholders Participation Workshops at District Level 58 17 19/5/2014 (Mid-Western Stream) 2nd Stakeholders Participation Workshops at District Level 49 14 21/5/2014 (Upper Stream) 2nd Stakeholders Participation Workshops at District Level 58 25 23/5/2014 (Mid-Eastern Stream) Stakeholders Workshop on Streaming Climate Change 14 4 28/7/2014 Adaptation Measures related to the NNRMP Table 6. Number of Participants in the main Participatory Activities for the NNRB Plan

Grass Root Participatory Workshops 106. Two different first participatory workshops with the participation of stakeholders at district level were organized in the Lower, Upper, Mid-Western and Mid-Eastern streams. The first one (January 2013) focused on the discussion about the current situation and main water challenges of the NNRB and the second (June 2014) debated about the draft River Basin Strategy and the activities that could be implemented to improve water management in the basin at short, mid and long term. 107. The proposals done in the different grass root participatory workshops were analysed and taken into consideration their inclusion in the final reports.

Figure 11. Grass Root Workshops held in different parts of the Nam Ngum River Basin

Field Visits and Direct Interviews with Stakeholders who were not able to attend the Participatory Workshops 108. During the field trips different communities and companies were visited and interviewed directly by a NNRBCS delegation. Among the communities were included a fisher group in Keo-Oudom District, a fisher group in the Nam Lik reservoir in , a community of Nam Ting Village in Phoukhoune District; a community of Lad Bourk in Perk District or a community of Xieng Mee-Napo village in . Among others, were visited several economic activities including a potassium processing industry in , Lao-Indochina Tapioca factory in Park Ngum District, Nam Lick

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1-2 Hydropower Company Limited, First Pacific Mining (Lao) Limited in Hinherb District, Sao Mang Kone rubber tree farm in Hinherb District, Pha-Them Copper Mining Company in Vang Vieng District or the Yong Xieng Lao-Chinese mining company in Perk District. 109. The field visits and direct interviews were considered successful and its results very useful for the planning activities. Lao singularities were taken into consideration, since farmers or fishermen are not used to attend participatory workshops. Private stakeholders are easier to approach, and these visits and “face to face” encounters made easier for them to understand the meaning of the NN RBP, the roles of the NNRBCS and DWR and the importance of their active participation in the planning process.

Figure 12. Interviews with Fisher Groups and Irrigation Associations in different areas of the NNRB

First Meeting of the NNRBC 110. Based on the current Lao PDR legislation, the meetings of the Nam Ngum River Basin Committee have a central role in the planning process during its different steps. The Prime Minister’s Decision from 29 January 2013 established that the RBC is composed by 81 members representing several ministries and the five provinces of the Basin, plus 5 representatives of the private sector invited as observers. The first meeting of NNRBC was held in October with the participation of key representatives such as the Vientiane Provincial Governor (as the new NNRBC Chairman), the Vice-Minister of MoNRE, and the Deputy DG of DWR and DG of the NNRBCS, among other relevant political representatives. 111. The discussed documents were:

• The main concepts of IWR at the basin level • Progress Report and Plan 2013-2014 of the NNRBC, and planned activities from now to the year 2020 • Main Outlines and Activities of the NNRB Plan • Dissemination of the Mandates of the NNRBC and its Secretariat • Presentation and discussion of the Draft Guidelines on Responsibilities within the NNRBC among Central, Provincial, Vientiane Capital and District Levels • Presentation and discussion of the Draft Operating Rules of the NNRBC. 112. Important issues where raised and discussed at the meeting, including the review of the activities already done and planned for the NNRBCS. Most part of the time of discussion had to do with the practical consequences of the hand-over of the Secretariat from MoNRE to the Vientiane provincial administration.

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Figure 13. Participants of the 1st meeting of the NNRBC (October 2013)

Technical Working Group meetings 113. The Technical Working Group has been a key player during the planning process cooperating in the collection of information, establishing planning priorities, and working in the different activities proposed during the preparations of the NNRB Plan. The first two meetings held on January and May 2013 were introductory, and the main debates have focused on defining the members, responsibilities and main activities. The third meeting of the Technical Working Group (July 2013) focussed on discussing the State of the NNRB Report. 114. The forth meeting of the Technical Working Group was the first public activity organized by the new staff of NNRBCS after its handover from MoNRE to Vientiane Province’s PoNRE. The main topic of discussion was the draft NNRB Strategy Report. The review and discussion of this draft document provided NNRNCS and the Consultant with valuable comments that were included in a new version of this Strategy Report. The document provides a short, medium and long-term view on the management of the basin, and defines more in detail the approaches and mechanisms to be followed / established. The strategy also sets targets / milestones and defines a road map to achieve the vision of the basin.

Figure 14. Participants of some of the four NN Technical Working Group Meetings

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Technical Workshop to discuss the Conclusions of the NNR Climate Change Adaptation Report 115. This consultation workshop counted with the attendance of both international experts and representatives of relevant Lao agencies and research institutions. The activity was held on 28 July 2014 in Vientiane Capital. All the participants received some weeks before the activity a 15-pages summary of the report in . 116. Most of the participants agreed with the main results of the report highlighting that this is a quite new issue in Lao PDR and that there is not much information available in Lao language. Some specific data (especially regarding the forest area) were requested to be checked. Also the last report of the Intergovernmental Panel on Climate Change (IPCC) for the South East Asia region because it shows an important degree of uncertainty about the climate trends in this part of the World. Additional recommendation was that the Report takes into consideration the eight strategic sectors on climate change in Lao PDR established by the Department of Disaster Management and Climate Change Adaption of MoNRE.

Figure 15. Participants of the Technical Workshop to discuss the Conclusions of the NN Climate Change Adaptation Report

5.2.6. Communication Plan 117. The criteria used in the Communication Plan of the Component 2 has been the top/down – bottom/up coordination and information sharing (using a “learning by doing” approach), and the concentration of the efforts to communicate only when there is something remarkable to show. During the first steps of the NNRB Planning Process, the communication strategy focused on the participants of each of the different participatory platforms, with the aim of promoting information sharing and ‘appropriation’ of the planning activities by the participants. Once the Project achieved some relevant results, the target audience of the communication strategy has been gradually upgraded, reaching a higher and more complex level of communication (with others basins, mass media, general public…).

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118. The communication method has been divided into two steps. The first one related with the support of the different participatory planning activities during the NNRB Planning Process is based on the people / institutions included in the NNRB Stakeholders Map. The second step is related with the communication of the main achievements of the NNRB Planning Process to a wider audience. 119. The different means proposed to communicate the diverse participatory activities to the individuals and organizations have to take especially into consideration the formal procedures to call and inform about the activities to the Lao PDR public administration, the knowledge of English language of the different counterparts, and their access to internet (having this an especial importance for the grass root stakeholders and the Lao officers). 120. The involvement and communication strategy for all the stakeholders participating in the NNRB Planning Process was designed in the specific Participatory Planning Report (including the communication plan) issued by the Package 2 Consultant in July 2013.

5.3. COOPERATION WITH THE PACKAGE 1, OTHER COMPONENTS OF NIWRMSP AND OTHER PROJECTS RELATED WITH ACTIVITIES IN THE NNRB 121. The activities of C2 Consultants have also included coordination and cooperation with other agents. The most relevant have been:

• Package 1 of NIWRMSP. Cooperation in multiple activities including the preparation of the training materials for the “IWRM Framework Training Course” (February 2014) and revision and comments of draft documents of the “Training Plan”, “Gender Action Plan of the NIWRMSP” and concept notes of different training activities. • Modelling component of the World Bank of NIWRMSP. The cooperation focused basically on collecting updated water quality and quantity data visiting and interviewing different private hydropower and mining companies. • Watershed Management Planning Project (MAF - ADB). Including the revision and comments of the draft Sub-basin Planning Guidelines delivered by this project. • Environmental Management Support Program (MoNRE - Finnish Cooperation). Cooperating in the implementation of different activities in water quality monitoring at the NNRB. • Nam Ngum Pilot Project (DWR – NNRBCS - IOF). With different activities related with the improvements on the water information system, governance procedures and budget management. • NN Hydropower and Mining Forum (DWR - IFC). The main objectives of this activity were to introduce strategy of the Government to communicate on IWRM in the basin level for sustainable hydropower and mining management and development to developers / operators and other related stakeholders, and to exchange knowledge, information, experiences and promotion of cooperation between public and private operators for effective IWRM in the basin level in Lao PDR. • Facilitating Livelihood Adaptation to Natural Resource Pressures in Lao PDR (University of Sidney – NUoL - DFAT). This Project explores ways in which small householders in NNRB can improve their livelihoods by facilitating a social learning process whereby stakeholders at multiple levels jointly develop livelihood adaptation strategies.

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6. PROBLEMS AND OPPORTUNITIES

122. From 2000 the GoL has shown an especial interest in implementing an integrated water resources management planning approach and adopting river basin management procedures in the country. In order to support the different GoL’s Decrees, Decisions and Policies on those topics, the international development partners supported two important programs: NNRBDP from 2004 to 2010 and NIWRMSP starting in 2011 (see summary in the Table below).

Year Relevant GoL decrees and decisions on IWRM Relevant Donors support on IWRM

The Water Resources Coordination Committee drafted a paper called “Water Resources Management Strategy 2000-2005” 2000 which suggested the establishment of integrated water resources management planning and adopt a river basin approach in Lao PDR From 2004 to 2010 the Nam Ngum River Prime Minister's Decree set up the Water Resources and Basin Development Sector Project 2007 Environment Administration (WREA) (NNRBDP) was implemented with the assistance of the Asian Development Bank With the formation of the reorganized LNMC, a legal basis was (ADB) and the Agence Française de given for the Minister of WREA to establish river basin Developpement (AFD) 2009 committees which would report to the LNMC, and a draft Decree was prepared and revised

Prime Minister signed a Decree for “Establishment of River 2010 Basin Committees in Lao PDR”

The 7th National Socio-Economic Plan of GoL set that for year 2011 2015 at least five large basins should have a River Basin Plan

Nov./2011 Establishment of MoNRE From 2011 to 2015 the National Integrated Water Resources Management Support May./2012 Establishment of DWR (inside MoNRE) Project (NIWRMSP) with the assistance of Establishment of NNRBC Secretariat (technical body of the the Asian Development Bank (ADB), May./2012 NNRBC) under MoNRE Government of Australia and Government of Spain Prime Minister Decision for the establishment of the NNRBC. Jan./2013 Its first Chairman for 5 years is the Governor of Vientiane Province

Table 7. Summary of Relevant GoL Decrees and Decisions on IWRM and Main Donors Supported Activities

123. During the development of Component 2 of the TA, the commitment of some of the national counterparts and the interest of implementing IWRM approach and the adoption on the river basin management procedures in the country has not been clear, arguing that the river basin activities (both planning and management) can be handled directly by DWR-MoNRE. Following this point of view, the central authorities would lead the river basin management activities promoting the coordination between provincial and district authorities (this follows a scheme without RBOs but with direct coordination MoNRE – PoNRE - DoNRE). 124. A lack of interest can also be noticed regarding the selection of NNRB as the pilot basin. The above mentioned two national support programs of IWRM considered the NNRB (the more developed and complex basin in Laos) as the pilot basin for the development of the IWRM working mechanism and processes that will subsequently be applied to other basins in the country. Due to different circumstances, including internal tensions among different MoNRE departments, the interest of the national counterparts has shifted to other basins and sub-basins.

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125. Another significant challenge has been the slow process of the decision making. The practical application of some key decisions can be delayed in such a way that it impacts in a negative way the efficacy of the activities planned by the TA. An example of this can be seen in a document dated on February 2011 (Final Report of the ADB TA 70713-LAO Extension) which states that the first meeting of the NNRBC was planned to be organized imminently. This important milestone, that officially meant the start of the activities of the Committee, was finally held more than two years later, in October 2013. 126. The transfer of NNRBCS from MoNRE to Vientiane Province has created some significant problems that do not have clear solutions in the short term. The first bottleneck has been raised by relevant officials (including the Governor of Vientiane Province and current Head of the NNRBC, and the Vice-Governor of Bolikhamxay Province) when argued that MoNRE’s decision of handover of the RBCs to the provinces (NNRBCS to Vientiane Province and NT-NKRBCS to Bolikhamxay Province) must be preceded by a modification of the 2010’s Prime Minister Decree of “Establishment of River Basin Committees” because this one did not mention that possibility. This change has contributed to add more confusion to the coordination procedures in the water sector because some stakeholders have doubts that one province can coordinate the activities to be done in other provinces. 127. An additional difficulty created by the transfer of the RBCs has been the resignation of the most experienced officials that worked for MoNRE. Some of them had an important background on water management because they had taken part actively in previous related projects and also had experience in some international good practices, but were replaced by PoNRE staff that did not have experience in the water sector. As a result, the capacity building activities on IWRM with the new team had start almost from scratch. 128. Despite the efforts made by the Consultants to focus on the technical work and try to minimize the differences among the departments of MoNRE, there were internal disagreements in the approval of the versions delivered of the C2.2 work plans, concept notes and budgets. These internal tensions slowed down the work progress and damaged the effectiveness of the final outcomes of the Component 2. With the aim of moving forward with the TA, in January 2013 the ADB directly approved the concept notes of the Component 2 and the payment of these activities through the Consultant (and not through PMU). This decision has allowed working smoothly in terms of budgets flow until the completion of the planned activities, although it has not been regarded satisfactorily by the PMU. 129. A significant number of activities have been carried out under the Component 2 with the support of the Package 2 Consultant. With an overall participation of more than 1,000 people (291 people for activities of sub-component C2.1 and 774 people for sub-component C2.2) from many public agencies (at central, provincial and district levels), private and state-owned enterprises, civil society and high- education and research institutions. This has really been a demonstration of capacity development on IWRM in the country using an “on the job” training approach. The accomplished practical planning activities on the field have encouraged direct capacity development, boosting discussion about current water problems and solutions at basin level. 130. The MoNRE and the RBCs are young institutions in Lao PDR that currently have a secondary role in the water resources management in the country, especially if compared with other more experienced public bodies such as MEM, MAF or MPI. The activities achieved by the Component 2 with the support of the Package 2 Consultant have helped MoNRE and NNRBC to interact more with other public (and private) stakeholders with the goal that at mid-term both agencies will gain the role of main coordinators of IWRM in the country. 131. The current Head of the NNRBCS has a direct link with Vientiane Governor’s Office, an important political position. A significant opportunity for the success of NNRBCS’ activities is that Vientiane Governor, as Head of NNRBC, takes a leading role in the next planning and management activities of the NNRBC.

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132. The years 2014 and 2015 are very important in the Lao’s planning system. In this period the performance of the plans for the period 2011-2015 will be reviewed and the plans for 2016-2020 starting from the 8th 5-years National Socio-Economic Development Plan and other sectorial and provincial plans will be designed. This process is especially important for the implementation of the River Basin Plans because, based on Lao’s regulations on IWRM, the role of the DWR and the NNRBC is to facilitate coordination and planning in relation to “water resources management” in the river basin. They do not have a mandate to directly implement activities on the ground, although they charged with ensuring water supply, water quality, environmental and livelihood development. The actual on-the- ground implementation of the River Basin Plans will therefore depend on a variety of other agencies, so it is very important to make sure that all the current River Basin Plans under preparation in Lao PDR (including the NNRB MP) fit in the updated sectorial plans and have a proper budget allocation.

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7. RECOMMENDATIONS FOR FUTURE DEVELOPMENT

Sub-component C2.1 National River Basin Management 133. Despite the Decrees and regulations, MoNRE and the RBCs are not recognized by the main public and private stakeholders as the main coordinators of IWRM in the country. Additional IWRM principles are still not well understood by many key water managers in the country. 134. Recommendation: Promote discussion spaces for a wide range of stakeholders concerned with River Basin Management in the country in similar terms as done at the Lao National River Basin Forum (held on July 2014) with a leading role of the DWR and the RBCs in coordination with other agencies.

135. There is not a final version of the National Guidelines for River Basin Management when this document could be especially helpful to promote coordination in the planning activities that are actually going on in different basins and sub-basins of the country. 136. Recommendation: Agree with the DWR, the RBCs and other key stakeholders a final version of the National Guidelines for River Basin Management (the assistance of an international consultant is advised for this). Once it has been issued, promote the design and implementation of the training and communication activities should be made in order to ensure its use.

137. Different River Basin Plans are being done by different agencies in Lao PDR but there is a real risk that their contents are not finally applied due to lack of coordination with the plans of other line agencies and lack of proper funding allocation. In Laos planning system, the years 2014 and 2015 will be especially important for this. 138. Recommendation: Assure that all the River Basin Plans under preparation in Lao PDR are properly included in the sectorial plans for the planning period 2016-2020, and that they have enough funding allocation.

139. Despite the RBC Decree of 2010 and the indication done by the 7th 5-years National Socio- Economic Development Plan that 5 RBCs should be established by 2015, it seems that MoNRE is not interested any more in promoting the establishment of RBCs. International and regional experiences have shown that other RBO management arrangements besides RBCs could be also implemented in Lao PDR. 140. Recommendation: Study, debate and agree with DWR and other key stakeholders additional RBOs arrangements for Lao PDR beyond the RBCs.

141. The private sector (hydropower, mining, industry, plantations....) is currently doing most part of the investment on the water sector in Lao PDR. However, the participation in general of the private sector is in Lao PDR is not yet strong enough, and the public decision makers tend to exclude the companies in the coordination meetings. 142. Recommendation: Strengthen the coordination with the Hydropower Developers’ Working Group (promoted by IFC) and promote other cooperation activities with the water private sector.

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Sub-component C2.2 Nam Ngum River Basin Management 143. Three out of the five-steps in the planning process have been accomplished including the consultations at technical and grass-root levels. The last planning activity achieved (the NNRB Management Strategy Report) can be a useful document for the future management activities of the NNRBC and its Secretariat, but the complete 5-years NNRB Plan and the first Annual Work Plan are needed to facilitate the real implementation of its proposals. Also the first NNRBC meeting (held in October 2013) should have continuity with future meetings. 144. Recommendation: Complete the planning activities of the NNRB MP probably with the assistance of an international consultant, and provide support to the NNRBCS for its initial implementation.

145. The transfer of the RBCs to the provinces is expected to minimize the previous coordination problems with MoNRE. Also, the new team in charge of the NNRBCS has shown excellent attitude and remarkable good performance in the activities done. Additionally, the NNRBC at mid and long-term should be a main technical, planning and management reference at the basin so the technical skills of the staff should be improved as soon as possible. 146. Recommendation: Strengthen the skills of the new NNRBCS staffs by using a learning-by-doing approach, especially with technical activities like the creation and maintenance of the GIS for the basin, a point and non-point source pollution inventory, activities on hydropower cascades and reservoir operation, etc.

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8. CONCLUSIONS

147. Under the Component 2 of the TA some remarkable objectives have been achieved, mostly promoting discussion and coordination activities among more than 1,000 stakeholders about the current water challenges in Laos and how these can be solved implementing an integrated water resources management planning approach and adopting river basin management procedures in the country. 148. By halfway of the TA, and following the request of the DWR, the Component 2 was split into two subcomponents: C2.1 National River Basin Management, and C2.2 Nam Ngum River Basin Management. The Package 2 has provided support to the subcomponent C2.2 mainly and also in part to the subcomponent C2.1. 149. The subcomponent C2.1. The activities at national level coordinated directly with DWR and its main outputs have been to deliver (and discuss in technical meetings) a draft National River Basin Planning Guidelines Report, and to organize the Lao National River Basin Forum. The first activity is on-going (the existing draft is under discussion), whereas the two-days National Forum (held in July 2014) achieved most of the planned objectives and outputs with the active participation of more than 200 stakeholders from government agencies (national level and provinces), enterprises (including state- owned and private), civil society, researchers and high education institutions. 150. The subcomponent C2.2. Three of the five planned steps of the NNRB MP have been accomplished during the TA: (i) the NNRB Planning Guidelines, (ii) the State of the Basin Report (including the Climate Change adaptation Report), and (iii) the NNRB Management Strategy Report. The internal tensions among different departments of MoNRE and the slowdown of the activities during the handover process of the NNRBC from central level to Vientiane Province’s PoNRE, have affected negatively the overall progress of the TA. 151. Nevertheless, by supporting the NNRBCS some other remarkable achievements have been accomplished, including the organization of several grass-root participatory activities (at district level), the establishment of a Technical Working Group (at province level), and the first meeting of the NNRBC in October 2013. This first meeting was an important institutional milestone with the participation of a significant number of high ranked representatives such as the Vientiane Provincial Governor (the new NNRBC Chairman) and the Vice-Minister of MoNRE. 152. Despite the difficulties, there are still big chances for the successful river basin management development at national level in Lao PDR and, specifically, for the Nam Ngum River Basin (regarded as the most complex basin of the country). The most remarkable opportunities are related with: • The interest of keeping the support for the practical planning activities on the field that encourage directly the capacity development promoting the discussion over the current water problems and solutions at basin level • The need that MoNRE and NNRBC interact regularly with other public (and private) stakeholders with the goal that at mid-term both agencies earn the role of main coordinators of IWRM in the country and in the NNRB • Take advantage of the fact that new Head of NNRBC has an important political position that can boost RBC planning and management from the provinces, and • The interest that the new plans for 2016-2020, starting from the 8th 5-years National Socio- Economic Development Plan, include the proposals of the River Basin Plans that are being done by different agencies in Lao PDR.

IDOM – LCG Package 2 Consultant Vientiane, August 2014

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ANNEX 1. REPOT OF THE INTERNATIONAL CONSULTANT CLIVE LYLE ABOUT THE NATIONAL RIVER BASIN FORUM (30 – 31 JULY 2014)

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National River Basin Forum of Lao PDR Vientiane, July 30th and 31st 2014

Clive Lyle, International Consultant

Summary of Contents I. Background II. Comments on Forum: Arrangements, Plenary Sessions, Breakout Sessions III. Reflection from the Forum and Discussion IV. Future Directions and Recommandations

I. Background The national river basin forum was held in Vientiane on July 30-31, 2014. The MONRE DWR organised and conducted the forum supported by the Component 2 consultants, IDOM. ADB and Australian Aid supported Component 2. The Forum objectives were to: (i) Update (in a participatory way) the current level of implementation of the Integrated River Basin Management (IRBM) approach in different parts of the country and share experiences and summarizing lessons learnt, (ii) Find ways how River Basin plans can be implemented more effectively and (iii) Agreeing common planning methodologies for the future. Expected outcomes from the forum were: (i) Increased awareness among key stakeholders about how current water challenges in Lao PDR (e.g. water quality degradation, flooding, food security, socio-economic development) can be better solved applying Integrated River Basin Management’s approach. (ii) Proposals done on how to implement more effectively River Basin Plans in Lao PDR, making sure that they are in line with the Five Year Nation Socio-Economic Development Plan. The participation of the International Consultant stemmed from his past involvement in river basin management in Lao PDR through the first ADB-AFD Nam Ngum River Basin Sector Development Program project as well as on initial activities for development of a multi-donor IWRM Support Program. It was considered that this, plus his experience in river basin management in other countries such as China, Indonesia, India, Vietnam, Cambodia, as well as with the MRC (and Australia) could provide some relevant lessons for the Forum. The involvement of the International Consultant comprised: (i) preparation of materials for presentation; one on lessons on implementing IRBM from elsewhere in Asia, and another on alternative institutional models for RBO for the river basin management session, (ii) meeting with the Package 2 consultant for background briefing prior to the forum, (iii) participation in the forum, (iv) meeting with DWR, C1 and C2 consultants in conducting an ex-poste workshop assessment, (v) the writing of this brief report. Meeting also with DWR staff and the DG of the DWR (Mr. Chanthanet) to discuss progress and issues in regards to river basin management in Lao PDR.

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This report provides comments of the International Consultant perspectives of the Forum, its conduct, reflections on lessons learned and initial consideration of future directions.

II. The Forum Organisation and Logistics The forum was large in attendance and in range and types of sessions. It included simultaneous translation which was of good quality and is significant improvement from past experiences. The location and workshop facilities were excellent. Some last minute re-arrangements of the seating arrangements to a round table format were very beneficial and the consultants and DWR should be congratulated for this. The workshop notes could have been better presented rather than the lose copies provided and it would have also been useful if the English versions were also available (or at least the Agenda!) for non Lao speakers. The forum involved 200-250 participants who mostly seemed to attend for the full 2 days. There was a large representation from Provinces, there were quite a few from NUOL who were active in discussions, and there were also representatives from other relevant sectors. The agenda included both plenary sessions and breakout sessions on 7 pertinent sub-topics to enable more in-depth discussion by participants. These were followed by sessions’ report back to the plenary group with some limited scope for questions from the overall group. The final day included a plenary session with a multi-sectoral panel involving representatives from DWR (2 DDGs), Bolikhamxai Province, MEM, MPI, Nam Ngum 1, and NUOL. Apparently MAF had been planning to participate but had to withdraw. This involved a brief introduction by each followed by questions from the floor and was a very good and energetic session. Such a session could be usefully included on more occasions in future forums.

Comment on Plenary Sessions In common with much of the workshop presentations tended to be long and suffer from death by too much and often unfocussed information. This no doubt reflects the style of official government meetings however, consistent with IRBM participatory goals a more informal facilitated approach should be encouraged with more input from the floor. The last plenary session was quite good in this way. This could however be felt to be somewhat threatening by the DWR as the organising body and so assistance could be required with how this can be used for institutional advantage.

Comment on Breakout Sessions The International Consultant attended the following breakout sessions: (i) Groundwater management The format here involved 4-5 sectoral agency representatives with responsibilities for groundwater management. In addition a consultant involved with groundwater project support provided supporting and solid technical information. There was a small audience of perhaps 20 people. Groundwater is a poorly understood resource in Lao PDR with high risks of pollution (latrines, housed animals, storage of agrichemicals) to drinking water as well as excessive abstractions and land subsidence in urban areas due to unregulated use by industry. Presentations by each of the panel members would have been improved by being shorter and more focussed on highlighting issues for discussion and future directions and, in particular, rationalisation of responsibilities.

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The report back from the session was good. (ii) River Basin Management According to the agenda and plan for this session, its purpose was to: a) Discuss the current performance of the different river management (institutional) models applied in the country b) Propose the best way of water management at river basin level based on the current Lao PDR regulations, policies and institutional framework Given the stage of evolution of RBO in Laos this would have been timely. However, for DWR perhaps it would have been a difficult session to participate in as the detail of the future model seems to be still under development and uncertain as evidenced by questions during plenary sessions. The DWR however preferred to have 3 presentations from DWR on their (i) drought management (ii) flood management (iii) wetland management project plans. The purpose of this seemed to be more about consultation with provinces on the development of the next 5 year plan projects than integrated river basin management and as a result served neither purpose well. Presenting in this way also lost the link to river basin management and became sectoral (drought, floods, wetlands) presentations. Again, presentations were too long and would have been improved by being briefer and more focussed on facilitating discussion. The time for discussion was limited and also not well focussed or controlled.

III. Reflections from the Forum and Discussions Overall Assessment Overall the forum mostly achieved its objects and is a worthwhile, although probably costly, initiative to continue:

Forum Objective Comment

i. update (in a participatory Largely achieved. Reports from the different Basins/sub-basins were provided. way) the current level of implementation of the Central level DWR and sectoral agencies, provinces, NUOL were involved and Integrated River Basin active in discussions. The NUOL involvement was very active and useful Management (IRBM) Discussion of the evolving model of RBO was largely absent and, when queried approach in different parts of from the floor, avoided the country, share experiences and summarizing Progress with IRBM implementation is progressing although still at an early lessons learnt stage and hampered by capacity constraints as well as the complexity of the real IRBM issue - coordinating/regulating private hydropower operators so that full river basin services can be assured. The complexity is exacerbated by developers who come from different countries, with different standards, with a strong profit before concession expiration motive and presumably a limited commitment to O&M and dam safety.

ii. find ways how River Basin There was much feedback provided especially from some Provinces and also plans can be implemented NUOL on this although this was probably more directed at the wider issue of more effectively water resources management by administrative levels. Provinces are concerned with what seem to be their new responsibilities for RBO and the resourcing of this. The general resourcing for water resources management was also raised. Provinces with non-Mekong Basins river basins were also concerned about their lack of support. DWR assured them that this is to be addressed in the next 5 years-plan.

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The workshop didn’t address what river basin plan implementation will mean in practice and how this will be achieved. There was repeated reference to the importance of the coordination role. However this will not deliver river basin outcomes alone. The challenge is to move to proper regulation. Some leaders at least also seemed to have little understanding of what this involves (eg. of water allocation). In hindsight it might assist development of the IRBM and water resources management approach by taking a greater service provision both in DWR and Provinces. iii. agreeing common The river basin planning guidelines were considered in one of the sessions planning methodologies for where it was reported back that the guidelines need to be circulated. The the future guidelines are yet to be agreed.

Expected outcomes i. Increased awareness The relevance of taking a river basin approach seemed to be fairly well among key stakeholders understood and many questions referred to the need for better coordination about how current water between sectors. Activities being undertaken on awareness raising and challenges in Lao PDR can be community involvement were described. However there was little substantive better solved applying IRBM beyond this. approach. Perhaps once the water law is approved this will change as agencies are empowered. However there are many countries with reasonable laws with little implementation or enforcement. ii. Proposals done on how to The connection between the 5YP and Basin was made fairly clearly although implement more effectively discussion of implementation of plans or of the plans themselves were limited. River Basin Plans in Lao PDR, making sure that they are in The RB session however was focused on DWR ‘sectoral’ work plans and their line with the Five Year Nation input into the 5YP rather than river basin plans Socio-Economic Development As there are no river basin plans yet agreed and only the NNRB Plan developed Plan knowledge of IRBM plans will be limited. Even in the absence of approved river basin plans DWR could be using their assessments of river basins to integrate and prioritize their activity although this was not apparent.

DWR and the consultants performed well in organising such a large forum and involving other sectors and Provinces. Holding future forums should be encouraged and DWR be supported so that the forums are effective; especially by limiting presenters to 4-5 slides, facilitating discussion and constructive feedback, improved use of breakout sessions, and use of cross sectoral and DWR panels for plenary discussions. The involvement of other sectors on discussion panels was very good, especially the last plenary session. The final wrap up by the chairperson could have been improved if he had of specifically summed up the workshop in relation to the workshop goals and river basin management.

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IV. Future Directions and Recommendations RBO management arrangements There have been fairly significant changes to the model of RB governance that is to be followed. Rather than the secretariat being a DWR unit and the RBO being chaired by the national level, the approach is to be transferred to the Provincial level. There are some justifiable reasons for making these changes, however the actual model does not seem to have been specified or evaluated and discussed with Provinces and sectors and this uncertainty was reflected at the Forum. Originally there was no real assessment undertaken for the original RBO model and a result of this was predictable difficulties in practical implementation. The new model and its implementation would be improved if DWR undertook an assessment and preparation of a discussion paper of RBO institutional needs and management options in consultation with Provinces and sectors. The review should be comprehensive and consider options and their benefits, costs and feasibility. Issues such as composition and responsibilities of the RBO and its secretariat, the involvement of the community and private sectors and the levels of government, budgeting and support, provision of technical support, whether one model is appropriate for all of Laos, how many RBOs are needed (one for each of the 62 basins would result in problems), etc. There would also be benefit in including a water service provision framework for the assessment. Approaches in many (most) other countries in Asia are not especially effective and Lao has unique conditions such as the water responsibilities of MONRE and other sectors, heavy involvement of the public sector, limited human resources and technical capacity, etc. Options specific to Lao conditions are needed as the basis for discussion with Provinces in particular so that a workable model is developed. It would be advisable for this to take place immediately after the water law is approved since this seems imminent. Recommendation A discussion paper on options for RBO arrangements for Lao PDR and including the implementation approach is required.

Moving beyond coordination- Putting some water into IWRM The current status of river basin management in Laos is predominantly based on coordination with a focus on community participation. River basin management will not be successful if it is reliant on only coordination and it will require a regulatory approach. Moving to this approach however is not straightforward and needs to be introduced step by step. Piloting regulatory approaches (eg. water allocation, river infrastructure construction and operation approvals, gravel mining, approaches on regulated and unregulated rivers etc.) and clarifying the necessary services, unless this is clear and comprehensive in the water law, and who will provide these is needed before implementing nationally. Recommendation Developing an appropriate approach followed by field training with Provinces, Districts and villages of key regulatory approaches is required before wider implementation. An approach would then be developed for implementation nationally.

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Technical support to accelerate regulation of development in river basins Several questions from PONRE reflected a ‘powerlessness’ to control development. For example, several reflected on the problems of coordinating (regulating) hydropower cascades and reservoir operation. Strong technical support is required to do this and it is unlikely that MONRE (or other agency such as MEM) will have this for a long time. It is instructive to understand that the hydropower development strategy was the result of initial large international consulting projects undertaken over many years rather than being developed internally. The regulation of this development now seems to be left to local, resource poor agencies and in- sourcing to the public sector. Proper and timely coordination and regulation of the sector is unlikely to result from this capacity building and self-help approach. The most feasible approach would be to provide equivalent large international consulting support to MONRE-MEM so that they have the information, knowledge and management tools. Recommendation An alternative strategy is required to support MONRE-MEM-PONRE efforts to regulate large development projects (in particular hydropower)

Linking science to river basin planning and management Presentations and workshop discussion highlighted that science and planning (and management) is not coordinated or linked. Involving science (institutes but especially universities and their research programs) would be highly beneficial as demonstrated from other countries. Not only does research better focus on real management needs but it builds the capacity of students and staff. The potential benefits of this could be partly seen at the Forum where NUOL staff were active in asking questions and making comment. Recommendation Future programs should where possible include support so that science centres and universities are involved in river basin plan development, implementation and monitoring and evaluation.

MONRE working with PONRE There were several questions at the Forum from PONRE representatives which suggested communication channels and coordination between the water related Departments of MONRE and PONRE are not very clear. This is understandable as MONRE is a new Ministry and is still developing its procedures. It is common however for such central agencies to have a specific Division that has the responsibility for working with Provincial levels in the delivery of national level initiatives. This would involve regular meetings from different levels both on the national level programs and policies as well as on issues of importance at the local level so that the national programs can respond in a timely way. Recommendation Although this is an internal MONRE issue, there would be benefit from supporting MONRE to look at how other agencies in Laos (and if necessary other countries) manage this important national-provincial interface.

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ANNEX 2. DELIVERABLES SUBMITTED DURING THE ASSIGNMENT

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River Basin Management Package 2 TA-7780 (LAO) The Contract No. 100179-S41728 for Consultant Services between ADB and IDOM in association with LCG for the River Basin Management Package 2 TA-7780 (LAO), together with the subsequent Contract Variations No. 01 to 14, states the deliverables to be produced and submitted to the EA and to the Bank throughout the assignment; these are:

• Draft Inception Report - produced • Inception Report - produced • Climate Change adaptation Report - produced • Guidelines for the NNRB Plan - produced • Annual Progress Report - produced • Participatory Planning Report (including Communication Plan) - produced • Current State of the NNRB Report - produced • Guidelines for RBP including the national component - produced • NNRB Management Strategy - produced • Draft Final Report - produced • Final Report - produced • Monthly Progress Reports (30 units) - produced

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