Unie van Waterschappen Koningskade 40 2596 AA The Hague PO Box 93218 2509 AE The Hague Telephone: +3170 351 97 51 E-mail: [email protected] www.uvw.nl Water governance Unie van Waterschappen Water governance The Dutch waterschap model Colofon Edition © Unie van Waterschappen, 2008 P.O. Box 93128 2509 AE The Hague The Netherlands Internet: www.uvw.nl E-mail: [email protected] Authors Herman Havekes Fon Koemans Rafaël Lazaroms Rob Uijterlinde Printing Opmeer drukkerij bv Edition 500 copies ISBN 9789069041230 Water governance Water 2 Preface Society makes demands on the administrative organisation. And rightly, too. Authorities, from municipal to European level, are endeavouring to respond. The oldest level of government in the Netherlands, that of the waterschappen, is also moving with the times in providing customised service for today’s society. This sets requirements on the tasks and the way in which they are carried out. But above all, it sets requirements on the way in which society is involved in water governance. We have produced this booklet for the interested outsider and for those who are roughly familiar with water management. It provides an understanding of what waterschappen are and do, but primarily how waterschappen work as government institutions. Special attention is paid to organisation, management and financing. These aspects are frequently raised in contacts with foreign representatives. The way we arrange matters in the Netherlands commands respect all over the world. The waterschap model is an inspiring example for the administrative organisations of other countries whose aims are also to keep people safe from flooding and manage water resources. This is apparent from the growing desire for collaboration in and outside Europe, from Indonesia to the United States and from Germany to South Africa. The booklet ‘Water governance - the Dutch waterschap model’ was drawn up for foreign colleagues in 2004. It then appeared that there was a demand for something similar in the Netherlands, too. The first two editions of Water besturen - het Nederlands Waterschapsmodel were published for this reason. We are now a few years further on. The merging of waterschappen has continued and legislation has been amended. The new Waterschappen Act has consequences for the elections and the composition of the assemblies. These developments, amongst others, have been incorporated in this third, revised edition of ‘Water Governance’. I hope that you will find the booklet interesting and informative. dr. S. Schaap Chairman of the Unie van Waterschappen 3 Table of contents 1 Preface 7 1.1 Decentralised water management, a global theme 8 1.1 The Dutch waterschap model 9 2 Waterschappen and their legal basis 13 2.1 Water governance 14 2.2 The position of the waterschappen 15 2.3 The Waterschappen Act 19 2.4 The administrative organisation of water management 20 2.5 The integration of water legislation 22 2.6 Fine-tuning and coordination 23 2.7 Participation, legal protection and supervision 24 3 Democratic legitimacy 27 3.1 The Dutch polder model 28 3.2 The composition of boards 28 3.3 Elections 32 3.4 Future developments 34 4 Financial independence as a result of their own tax system 37 4.1 Financing Dutch water management 38 4.2 Financing of regional water management by the waterschappen 40 4.3 The waterschap charges 44 4.4 The water pollution levy 47 4.5 Future developments 49 Water governance Water 4 5 A dedicated financial institution: The Nederlandse Waterschapsbank N.V. (NWB) 51 5.1 Combining strengths 52 5.2 Brief history of the Dutch situation 52 5.3 The concept of a bank 53 5.4 Form 55 5.5 Key NWB figures 57 5.6 Socially responsible business practices 58 6 The Unie van Waterschappen 59 7 Final conclusions 63 Literature 69 5 Water governance Water 6 1 Preface 1.1 Decentralised water management, a global theme Water management face enormous challenges in the 21st century. Climate changes, a rapidly increasing population and economic developments are placing a great deal of pressure on the water system. This applies in particular to the flat, low-lying areas of the world such as deltas, coastal and river plains where the population growth is concentrated. The government has a duty of care regarding the management of natural water systems and the safety of residents from flooding. In the Netherlands these tasks are, to a large extent, allocated to waterschappen, regional water authorities. The 26 waterschappen form the fourth government institution in the Netherlands, along with the central government, provinces and municipalities. The waterschappen, regional water authorities, are the least known governmental bodies in our urbanised country. The average citizen knows little of the work carried out for him or her by the waterschappen. He or she does, however, notice the waterschap’s tax assessment. While, in fact, the waterschap model is much admired in the international circuit as a system that is well tailored to suit its duties, is financially self-supporting and, given its history, can be deemed sustainable (waterschappen have been in existence for about 800 years). The Dutch waterschappen are not unique, and there are similar organisations in and outside Europe. The organisation and financing of decentralised water management are, however, recurrent themes in international contacts. The sophisticated waterschap system commands particular respect as regards these aspects. More than fifty percent of the Netherlands would be under water if the water management was not up to standard, so clean water and dry feet are great achievements in this country. And, indeed, if the waterschappen failed to do their work for even a single day, the lower-lying areas of the Netherlands would immediately be in trouble. At international meetings, such as the World Water Forum, the Netherlands actively contributes its experiences with the management of its regional water system, not as blueprint, but as food for thought. It may be possible to use some of the ingredients in other situations. And every little helps in the painstaking management of the global water system. After all, the second UN World Water Development Report (2006) describes the world water crisis in this century primarily as a water management crisis. Things are not standing still in the Netherlands, Dutch efforts being focused on anticipating climate change and the correct implementation of European policy, such as the Water Framework Directive. Waterschappen Water governance Water have a crucial role in this, along with their duties in the fields of safety from flooding, the management of 8 water quality and quantity, and the treatment of urban wastewater. In 2008 there will be the requisite changes as a result of the introduction of the new Waterschappen Act. These changes include a different composition and method of electing the governing bodies of waterschappen. This booklet tells the reader all about the Dutch waterschap system. It gives insight into the organisation and management of the waterschappen in the light of the current and future composition of the governing bodies. After a concise outline of the decentralised water management in the Netherlands in section 1.2, the institution of the waterschap is discussed in detail. Chapter 2 explores the legal basis of the waterschappen. Chapter 3 is devoted to their democratic legitimacy: the relationship with sections of society, such as the residents and interest groups, which deviates from general democracy. ‘Interest-pay-say’ continues to be the creed of the waterschap governing bodies. Chapter 4 explains the financing system, which involves an exceptional phenomenon: the Nederlandse Waterschapsbank N.V. (NWB), a bank established by waterschappen that provides access (though it is not the only possibility) to the capital market. The NWB is described in Chapter 5. Chapter 6 throws light on the Dutch Unie van Waterschappen, as national and international representative. Lastly, Chapter 7 contains some final conclusions. 1.2 The Dutch waterschap model A large part of our country is kept dry (or wet) by artificial means. In the past areas that were originally peat and marsh were brought under cultivation. The land was adapted to suit habitation, agriculture, industry and recreation. This was accompanied by an extensive infrastructure that included not only roads and railways, but primarily investments in water management. The Dutch seem to take for granted the efforts required to keep the land dry, to produce water of a high quality and to harmonise water management with social functions in our densely-populated country. The Dutch feel safe, protected as they are by dunes, dams and dikes. However, without the continuous operation and maintenance of the many dikes, locks, pumping stations, flood barriers, canals and ditches, the safety of more than nine million Dutch would be jeopardised. And this is precisely what the waterschappen do. 9 Waterschap figures, 2007. Number of all in-waterschappen 26 Number of employees approx. 11.000 Length of primary dikes managed approx. 3.450 km Length of water courses managed approx. 55.000 km Length of roads managed approx. 7.000 km Number of treatment plants approx. 390 Number of pollution units treated approx. 23 million Waterschappen are government institutions, with tasks in the fields of policy development, granting permits and monitoring and treating urban wastewater. They are also active in the field of environmental development. Interests in the field of spatial planning and the environment