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Home , Gariep Dam, Gariep Dam (town), Katse Dam, Lesotho Highlands, Orange River, Sharpeville

TECHNICAL SYNTHESIS

THE PROBLEM OF WATER IN AND IN PARTICULAR THE MANAGEMENT OF WATER IN

Franck Lustenberger

E-mail : [email protected]

February 2010

AgroParisTech - Engref à Montpellier Ministère de l’Ecologie, de l’Energie, B.P.44494 – 34090 MONTPELLIER Cedex 5 du Développement Durable et de la Mer Tél. (33) 4 67 04 71 00 92055 La Défense Cedex Fax (33) 4 67 04 71 01 Summary Since the middle of the 50s massive water transfers have been established in Southern Africa, mainly from the initiative of the Republic of South Africa. These developments have several objectives which the guideline is to compensate for an imbalance between the large eastern basins (well watered) and the western lands (semi- arid). The transfers are intended primarily to enhance the semi-arid lands South and West of the country, and encourage the development of some towns ( for mining, Kimberley for mining). Politically, these equipments are supported by the ideology of , that chose to provide water for vast regions held by white farmers (who have often political responsibility too), rather than to develop activities in regions naturally better watered and occupied by people of African descent (example of the Bantustans territories on the eastern coast). The end of apartheid in 1994 seemed to announce a new water policy, based on a more equitable share of resources ("Some, for all, for ever" slogan of the new Water Act) and better consideration of the needs of the aquatic environment, within the definition of instream flow requirements. The principles of sustainable development were supposed to be transcribed within the new water policy. A review of the institutional and regulatory framework for 15 years should suggest that water supply management is still more important than water demand management.

Keywords Republic of South Africa, , water installation, water transfers, equitable share, instream flow requirements, supply management, water reallocation

2/27 Glossary

ANC African National Congress

CMA Catchment Management Agency

DWAF Department of Water Affairs and Forestry

IFR Instream Flow Requirement

LHWP Highlands Water Project

ORASECOM Orange-Senqu River Commission

ORDP Development project

SADC Southern African Development Community

WCD World Commission on Dam

WUA Water User Association

3/27 Table of Contents

Introduction ...... 5

The multiple roots of the transfer policy of water in South Africa...... 5

o A large Hydrographic disparity ...... 5 o A settlement on dried land ...... 6 o Fron the hydraulic complexity to the hydro-politic complexity in South Africa ...... 6 The "hydraulic mission" of South African engineers ...... 6 The bond with the construction of the apartheid regime...... 7 Major water projects to support the apartheid regime ...... 7

The organization of water transfers in southern Africa...... 8

o The Orange River Development Project : restoring faith in the Republic of South Africa ...... 8 The genesis of the project : the myth of the Boer...... 8 Description of the ORDP...... 9 o The Water Project : responding to the thirst of Johannesburg ...... 9 The genesis of the project : a strong geopolitical issue ...... 9 Project Description...... 10 o Other transfers ...... 10 o Water transfers and dams : production and manipulations of lands ...... 11 Transfer shape in time and space geography of South Africa ...... 11 Hybridization of ...... 11 From passive to active space...... 12

The management of water after apartheid : ambition and pragmatism...... 12

o The New Water Act of 1998 : from the desire of breaking out into the economic realism...... 12 "Some, for all, for ever" : a new policy framework for water...... 12 The economy to save transfer...... 13 The need for a new governance ...... 13 o The difficult implementation of water sharing ...... 15 The ecological part of the reserve : the myth of return to natural flow ...... 15 The reallocation of resources to meet customary rights and land issues...... 15 The difficult financial equalization of water services ...... 16 o What future for the hydropolitical system of South Africa? ...... 17 Some examples of transfer projects...... 17 A convergence of factors rather favorable to the prosecution of transfers...... 17

Conclusion...... 18

Références...... 19

APPENDIX...... 23

4/27 INTRODUCTION With several billion cubic meters of water transferred each year, extreme climatic variability on its territory (from temperate to hyper arid), and a multitude of structures of transfer (dams, canals, tunnels, pipelines), southern Africa displays extreme data on water management. But unlike other regions of the world which have also deployed this transfer policy, southern Africa stands out in a very unequal sharing of water between racial groups. The racist policy of apartheid, which ruled the region until the mid-90s, has left its mark in the political management of space and resources, including through the principle of "separate development" between black African population and a minority of white descendants of early settlers. In this context, South Africa combines all these features and emphasizes at a large scale what can be observed in neighboring , or Zimbabwe ; therefore this study will focus mainly on this country. On this basis, it is legitimate to wonder about the interrelations between spatial hydraulic organization in South Africa, and the more general policy held by the apartheid regime and by its successor : what are the key elements that can now better explain the introduction of the policy of water transfer in South Africa? Specifically, how do they organize the transfers and what is the relationship with the management of space? Finally, did the end of apartheid bring changes in water management in South Africa?

THE MULTIPLE ROOTS OF THE TRANSFER POLICY OF WATER IN SOUTH AFRICA The water management in South Africa is based on many water transfers. They cover almost all the rivers of the region and bordering countries. Their justification is complex, involving hydrological arguments and historical, and political features of the past, through the region marked by the apartheid regime (see map in Appendix 1 : resource and water demand in South Africa (Blanchon, 2009), p. 23).

O A LARGE HYDROGRAPHIC DISPARITY In southern Africa, as in other countries where they are implemented, water transfers are used primarily to offset a sharp disparity between geographic regions where water resources are abundant, and others where it is lacking, or whose needs exceed local resources (Lasserre, 2009). It is therefore primarily a policy of supply management. The case of southern Africa make no exception to these characteristics : the transfers are organized to reduce the high variability of resources available through the use of space by bringing water requirements and available resources (Blanchon and Turton, 2005). Southern Africa is marked by high rainfall on the east coast bordered by the (Blanchon, 2009). The relief rises west to the plateau, above 2000 to 3500 m where the highest rainfall is concentrated (Blanchon and Turton, 2005). The precipitation then declines very rapidly between the Drakensberg and the West Coast Atlantic, it is a succession of vast semi-arid areas bordered by the cold Benguela current. Apart from some small coastal rivers that flow perpendicular to the coastline, the water system is organized mainly around the Orange River Basin. It rises on the plateau of Drakensberg in Lesotho, and flows westward to the Atlantic, marking the border between Namibia and South Africa. The is the second major area, which flows from the Drakensberg to the north to Mozambique. The Orange River is deeply marked by a decrease in the quantity of water to the Atlantic coast. The drastic reduction in rainfall by this gradient first, the importance of drawing on the resources but also evaporation in this semi-arid secondly explain what is called "double allogeneic River" (Blanchon, 2009). It results in a substantial reduction in its regime on a east-west gradient. At this disparity in the spatial distribution of the resource, it should be added a strong intra- and interannual variability. Serious droughts have marked the history of the region, especially during the decades 1930s and 1980s. These have emphasized the fragility of the resource and its variability. The need to transfer and store water has become obvious (Blanchon, 2009).

5/27 O A SETTLEMENT ON DRIED LAND In this wide disparity in the geographical distribution of water availability has been added by development of economic activities on land that was lacking of water (or at least with insufficient water compared to the needs) (Blanchon, 2006). While black populations in Africa existed before colonization, spread mainly on the eastern coast, the European colonists settled on land poorly endowed with water. Mining activities explain much of the current organization of water transfers. Johannesburg is developed on the basis of the exploitation of gold veins, while the city is situated on the dividing line between the drainage basins of the Limpopo and (a tributary of the Orange River), with annual rainfall of 600 mm (Blanchon 2009). Kimberley follows a similar development on the basis of diamond mines in a region where annual rainfall is only 400 mm. Other regions are growing in the south and west of the country for reasons related to port activities : the Cape became in the seventeenth century the port company of Holland East India. The agricultural issue, including the installation of white farmers in the west (in the middle and lower Orange River) is more complex. The settlement on the more or less fertile land brought subsistence farming ("Boer", name given to the first white settler, means “farmer” in Dutch). Later, the South Africans retain a deep commitment to values and symbols worn by the white farmers, which justified itself to provide water to the desert (Turton et al, 2004). The dichotomy between the natural availability of water resources and the history of the development and colonization of South Africa explains for a significant part the need to establish large systems of water transfer on the South African territory. Johannesburg, founded after the discovery of gold in 1886, began to pump water into the Vaal in 1903 and the first dam was built in 1922 (Blanchon, 2006).

O FRON THE HYDRAULIC COMPLEXITY TO THE HYDRO-POLITIC COMPLEXITY IN SOUTH AFRICA The "hydraulic mission" of South African engineers Traditionally the Water Act of 1912 of South Africa dedicated the customary rights to riparian rights : water and its uses belong to the owners of land crossed by rivers, mainly from the white minority. There is no constraint imposed on the uses (Blanchon, 2009). When the resource is missing, a second phase of management begins, to implement large- scale facilities to meet needs. The first dams appear early in the twentieth century in South African, with the construction of the in 1922 to provide water to Johannesburg. South Africa had this substantial financial resource (thanks to its mineral resources), but also technical skills : the engineers are formed in different Commonwealth countries and the United States. The development of on large scale areas in semi-arid Colorado at the same time (first half of the twentieth century) opens a considerable scope for policy makers to conquer new lands. They brought back an important technical expertise and the ambition of competing with the big structures in place in the Colorado or in some areas of Australia or India (Blanchon and Turton, 2005). It was more than an economic necessity; "to bloom" the desert belonged to a moral duty (Blanchon, 2009). In addition, on these arid lands, water was used as a control element of South African society. Thus the organization of irrigation, particularly through the Water Act of 1912, should not only be understood as a means to create wealth in the territory. It must also be interpreted through the role that she could play in balancing the relationship between the English and Boer in the new South African Union of the early twentieth century : the control of irrigation necessarily tied to the new landowners central power, and allowed, in fact, a better control of rural areas (Conca, 2006).

6/27 The bond with the construction of the apartheid regime The archives of the Department of Water Affairs and Forestry show that the transfer policy was discussed early on, including within the governing bodies of the apartheid regime newly in power (the National Party, which spearheaded the segregationist plan, has existed since 1914 but officially came to power in 1946). The bulk water transfers have indeed a significant economic cost, and their economic justification is questioned by some in the government. Critics wish to assert a more localized management, not only responding to the satisfaction of demand (Blanchon and Turton, 2005). In the 40s various options were discussed, involving scenarios of relocation for agricultural activities and/or for industrial areas to better-watered east coast, or otherwise pursuing development based on management of water demand (Blanchon and Turton 2005). In 1949 L. A. Mackenzie, then Director of Department of Irrigation, highlights toward the House of Industry of Johannesburg the disproportionate cost of transporting water over long distances. He defended a relocation of industrial (and agricultural) activities in the east. This option also presented to the defendants the advantage of being coherent with the policy of separate development of apartheid : industrial development on the east coast would be closer to black labor workers numerous and not expensive ; it could develop the economy of the Bantustans (mainly the territories of the Transkei and Ciskei), and attach there the black population (Blanchon, 2001).

This option was not selected for two reasons. The economic importance of the (Johannesburg area) is highlighted and the choice is made to keep the mining and industrial activities. This small region located on the dividing line of the waters of the Vaal and Limpopo concentrates 50% of the country's wealth, consumes 85% of the country's electricity (and 50% of that of the southern African region). The river flow is often modest, when not zero : the Upper Vaal shows an average flow of 1,5 m 3/s. The support of his business (and the associated population) needs the continuation of the transfer policy. In addition, the Gauteng region concentrates the majority of the population of European descents, the separate development policy of apartheid involves necessary arbitrations for white populations, including on water network (Blanchon and Turton, 2005). Furthermore, the Afrikaner farmers claimed their political and social importance during these discussions. The arrival at power of the national party in 1948 was analyzed through an over- representation of certain voters from Platteland (the rural areas) ; the government had to be sensitive to the arguments of white farmers. But it was the deep attachment of the South African population to values and image of the "" who explained that their final claims have been heard. The white farmers of the middle of the Orange River and further downstream depend directly from transfered water to expand irrigated areas, and thus maintain their activity in rural areas . It was primarily to maintain a significant presence of the white population in these rural areas where they were largely in minority (Blanchon and Turton, 2005). It is clear here that the rivers are no longer flowing by natural directions, but now by anthropogenic directions : those of money and power (Turton, 1999).

Major water projects to support the apartheid regime In the years 1960/1970 the transfer system continues to be the subject of strong criticism by various opposition groups. They emphasize that transfers promote development of agriculture (for irrigation of the middle Orange, with the support of East-West transfer and North-South) to the detriment of the industry (mainly in the Gauteng région, on the basis of transfers from South to North). In addition, the ecological impact of these schemes of diversion of rivers began to be questioned (Blanchon and Turton, 2005). Despite these arguments, evolution of the international geopolitical situation and internal politics led the South African government to continue its policy of equipment.

7/27 Various events are indicative of the political issues underlying the trade-offs made with the transfer projects. In 1960 riots broke out in Sharpeville, which are the subject of violent repressions by the apartheid regime. The regime was threatened, discredited internationally, and the government wants to galvanize the people through a large project. In addition, the following year in 1961, the Republic of South Africa was proclaimed. It is in this context that the Orange River Development Project (ORDP) was created (see The organization of water transfers in southern Africa, p. 8). Van Roebbroeck1 then a young engineer, said "the only cause of the development of [ORDP] is Sharpeville" (quoted by Blanchon and Turton, 2005). In addition, the project was made to attract foreign companies, who would have hesitated to invest in the discredited country at that time. The construction of the (the key work of the ORDP) allows to attract Dumez 2 : the site contributed from 1964 to 1970 to 11% of the turnover of the company. The Lesotho Highlands Water Project (LHWP) was established in 1986 after a coup supported by the South African government. The Pretoria regime, which is then subject to international economic sanctions (notably an embargo) manages to build the project with the regime of Lesotho. By this mechanism, South Africa managed to divert the international sanctions and introduce international donors, among which the World Bank (Blanchon, 2009). These examples illustrate that the management of the resource transfers is linked for the Pretoria regime with a much broader vision than that of South Africa. In this way, it manages to break up its national space (consistent with the principle of separate development), while maintaining a policy of hegemony, or "hydrohegemony”, on the southern African region (Turton, 2005b; Turton 2005c). These water networks are thus seen as symbols of handling territorial apartheid (Blanchon, 2009), which earned them the term "Pipelines of Power" (Turton, 1999).

THE ORGANIZATION OF WATER TRANSFERS IN SOUTHERN AFRICA South Africa presents 23 major transfers on its territory. It concerns a total of 4,2 km 3/year, or 12,5% of the resources of the country that can be used : 22% of water used in South Africa comes from transfers. The storage capacity of various dams is about 25 km 3 representing over 75% of valuable water resources of South Africa. Most of these transfers are associated with the watershed of the Orange-Vaal, representing two thirds of the transfers and 90% of the volume transferred (Blanchon and Turton, 2005). Two systems are nevertheless very important concerning their economic and political implications : the Orange River Development Project (ORDP) and the Lesotho Highlands Water Project (LHWP) (see map in Appendix 2 : Water transfers in South Africa (Blanchon, 2009), p. 23).

O THE ORANGE RIVER DEVELOPMENT PROJECT : RESTORING FAITH IN THE REPUBLIC OF SOUTH AFRICA The genesis of the project : the myth of the Boer The Orange River Development Project (ORDP) is the culmination of the "hydraulic mission" accomplished by Afrikaner engineers, when the young republic goes through a rapid economic development (Blanchon and Turton, 2005). The diversion of water from the Orange River project is particularly old, since the first plans were drawn up in 1886. At the very beginning it is an agricultural project (for the development of irrigation in the middle of the Orange River).

1 P resident of the International Commission on Large Dams from 1996 to 1999 2 Today subsidiary of Vinci.

8/27 Initially applications of the Afrikaner farmers were not necessarily taken into account. Farmers in the Great were grouped in the Cape Midlands Development Association. Their arguments to support the scheme of the Orange relied primarily on the risk of depopulation of the region, and the decline of white people compared to black populations. The election in 1948 of the National Party, however, known as supporter of the white farmers, did not unlock the initial project. It was not until the government's response to the in 1960 and the proclamation of the Republic of South Africa in 1961 that the project was finally validated (see Major water projects to support the apartheid regime7) (Emmett and Hagg, 2003 ; Blanchon, 2009).

While DWAF emphasized very early (in 1970) the economic cost of these dams, it also underlined the importance of irrigated agriculture to preserve the cultural and spiritual influence of the rural society in the national organization (Blanchon and Turton, 2005).

Description of the ORDP The ORDP is finally the combination of two projects : the diversion of water towards the Great Fish and Sundays (south) on the one hand, development of irrigation in the middle and lower Orange River ( west) on the other. These two goals are implemented in practice by the construction of specific structures.

The Gariep Dam (completed in 1971) is the main structure of the system . With a storage capacity of 5 500 million m 3 and a reservoir with an area of 370 km², it is one of the largest dams in South Africa in terms of capacity. It produces about 90 megawatts of electricity for releasing a flow of 200 m 3/s (World Commission on Dams, 2000). From the Gariep Dam, the tunnel extends from the Orange-Fish (completed in 1975), which carries the water over a length of 82,8 km and a maximum speed of 54 m 3/s to region to the Fish River. The water is then gradually transported to different sections of rivers (Great Fish and Small Fish, then Sundays) before being led through a pipeline to . On this journey, the different water supplies irrigated areas (World Commission on Dams, 2000).

The development of irrigation in the middle and lower Orange is made thanks to the regulation of the river flow. This is done primarily by the Gariep Dam, which then releases water to the Dam. The dam, completed in 1977, has a storage capacity of 3 200 million m 3. Different systems of canals and pumping then punctuate the river and provide water for irrigation downstream (World Commission on Dams, 2000) (see Appendix 4 : Location of Gariep Dam and Van der Kloof Dam (World Commision on Dams, 2000), p. 25 and Appendix 5 : Organization of transfers within the ORDP (World Commision on Dams, 2000), p. 26).

O THE LESOTHO HIGHLANDS WATER PROJECT : RESPONDING TO THE THIRST OF JOHANNESBURG The genesis of the project : a strong geopolitical issue The Lesotho Highlands Water Project (LHWP) was conceived later than the ORDP, while political pressures are already numerous on the apartheid regime ; the LHWP must be relocated in a geopolitical perspective and at a continental scale (Blanchon and Turton, 2005). The abundance of water in Lesotho has been known for a long time. Early studies focusing on the resources of this small landlocked country in its neighbor South Africa date back to 1950 (Blanchon, 2009). In 1971, a capital project failed to be achived, due to a disagreement over the price of water sold by the Lesotho. The negotiations were totally interrupted in 1976 after the bloody repression of Soweto, the international community wished to isolate the Pretoria regime (Blanchon and Turton, 2005).

9/27 The LHWP was finally implemented in 1986 under the apartheid regime and with the support of many bilateral agencies and multilateral financial. There are two goals of the project. For Lesotho, it is to make revenue through royalties, generate hydropower and promote rural development. For South Africa, the LHWP is to provide 70 m 3/s in the region of Gauteng, (27m 3/s for Phases IA and IB, respectively 18 and 9 m 3/s). The waters of Lesotho have also a high quality (non-polluted and sediment-laden little) compared to the Vaal or lower Orange (Lageat and Liman, 2001). The launch of the project comes in the wake of the coup occurred in Lesotho in the same year, and supported by South Africa. Through the project, South Africa could access to international donors, which was forbidden since the establishment of international sanctions against the apartheid regime (Colombani, 2003).

In addition, the coup of 1986, helped by Pretoria, put into power a military junta most favorable to the apartheid regime, depriving the ANC a foothold regional importance. The implementation of the LHWP depended on Lesotho's political choice : Pretoria hoped the new government to join the "Constellation of Southern African States” (organization founded by South Africa in 1979 in opposition to the SADC, hostile to apartheid). If in 1986 the Lesotho SADC actually leaves, they did not join the Constellation. However, the small landlocked kingdom became with the LHWP even more dependent on neighboring South Africa, through royalties paid for water (James, 1980 ; Blanchon, 2009).

Project Description This project is initially built in 5 phases (IA, IB, II, III and IV), 5 dams in the Maluti mountains, which form the upper catchment of Senge (upstream basin of the Orange ) (see Appendix 6 : Schematic section through the Lesotho Higlands Water Project (phases 1 to 3) (Blanchon, 2003a), p. 27 and Appendix 7 : The Lesotho Highlands Water Project (Blanchon et Turton, 2005), p 27).

Its natural flow is directed toward the southwest, the project aims to transfer water northward towards the Vaal River and the South African province of Gauteng (Johannesburg area, the economic capital, and Pretoria, the political capital). This transfer occurs through a tunnel linking the in Lesotho, to the Ash River in South Africa (Colombani, 2003). The agreements signed in 1986 committed the two countries only on stages IA and IB, completed at this point. Phase IA of the project amounted to a total investment of 2.5 billion dollars. It is organized around a large dam reservoir, the Katse Dam, with a capacity of 1 950 km 3, a dam support (the Muela Dam), and 82 km of tunnel water transfers. Muela dam is equipped with a hydroelectric structure with an installed capacity of 72 MW for supplying electricity to Lesotho. Phase IB includes the (capacity of 0.938 km 3), the diversion of Matsoku and a 30 km tunnel to connect Mohale and Katse. It skips to a rate of 29 m 3/sec approximately, with an estimated cost of 1.5 billion dollars (Colombani, 2003). The implementation of phases II, III and IV, which would allow a transfer of 70 m 3/second in 2020 has not be achieved yet. It would involve environmental impact very negatively on the lower Orange River, with which cooperation agreements exist with Namibia. These items are the subject of strong criticism from the environmental movement. In addition, the partnership agreement signed in 1986 under the apartheid regime should be renegotiated : the geopolitical balance of power in the region has changed (see What future for the hydropolitical system of South Africa?, p. 17) (Colombani, 2003).

O OTHER TRANSFERS In addition to ORDP and LHWP, South Africa has five other transfer systems (Blanchon and Turton, 2005).

10/27 Two transfers are linked to the Orange-Vaal system : the first is the network of (formerly Eastern ), which is to capture the small rivers of Natal, as well as to the Vaal Basin Olifant since dam Grootdraai, all to fuel power structure of , which transform coal into oil (technology developed in response to energy blockade imposed on the apartheid regime). The second is the transfer to the Tugela Vaal : pumping allows the water to cross an escarpment of 453 m (Blanchon and Turton, 2005).

Other transfers are independent. On the one hand those of the Riversonderend to Berg in the Cape Province of the West, for the agricultural areas of the valley of the Berg and to increase the supply of . On the other hand the transfer to Buffalo, which supplies the city of East London. Finally the system supplies Mooi/Mgeni serving the cities of Pietermaritzburg and Durban (Blanchon and Turton, 2005). For all of these transfers, the location of major urban centers determine the direction of flow, supporting the hypothesis that "water flows to money and power" (Turton, 1999 ).

O WATER TRANSFERS AND DAMS : PRODUCTION AND MANIPULATIONS OF LANDS Transfer shape in time and space geography of South Africa Water transfers, reshaping the distribution of the resource, have deeply changed the geography of South Africa. Mechanisms involved are complex (Blanchon, 2009). From an initial will to regulate the river flow by dams (construction of the Vaal Dam in 1922 to regulate the flow of the Vaal), some adjustments have led to a dissociation of the River : the case for example of the Dam and the Vaal Dam, which dissociate the lower and upper Vaal. Exchanges can also occur between watersheds (eg the transfer of the Orange to the Great Fish, itself extended by an extension of the transfer to Sundays), or within the same watershed where the water passes through an other watershed and then return to the initial one: this is the case of the transfer from the Orange to the Riet and Modder (within the ORDP) trough a channel starting from the dam Vanderkloof. Finally, the sense of natural flow of the river itself can be reversed : the LHWP is one of the examples, with a series of dams that will turn the course of the High Orange (after all phases of the project). In extreme cases, several of these processes can be combined as in the case for example of the Gariep Dam, which regulates the flow of the Orange Senqu separating the lower and Orange, and can divert water to Great Fish (Blanchon, 2009). Finally, the temporal dimension is a major component of the overall organization of the transfer systems, as a reflection of developments in technology, but also political pressure from various strata of the population. The study of the Orange-Vaal system shows the superposition and succession of different forces : small agricultural dams built in the early days of colonization, and establishment of the first regional dams before the Second World contemporary plants of the ORDP, created under farmers’pressure. The LHWP is the witness of a last stage of equipment designed to respond to the needs of urban populations and industries (Blanchon, 2009).

Hybridization of rivers In this system, the concept of watershed is losing its relevance : the water flows through a system where the natural stream is no longer the only element, in a context where most of the basins are interconnected (Blanchon and Turton, 2005). The links between systems or between regions may be entirely artificial (canals and tunnels), natural (river in the usual sense, as the lower reaches of the Orange) or entirely hybrid is the case when the rivers are used simply as aqueducts between two artificial links. The example of the Great Fish can give, from the time it receives the waters of the LHWP and begins the transfer on Sundays (Blanchon, 2009). Similarly, the interconnections between systems and links are of various kinds : natural (if confluence of river) or artificial (with passage of the natural surface or vice versa) (Blanchon, 2009).

11/27 Finally, the breaking points in systems have the same characteristics : natural (eg Augrabies Falls on the Orange below) or artificial ( which disconnects the Upper Vaal and its lower part) (Blanchon, 2009). These phenomena of hybridization between natural and anthropogenic influences can also be seen on a smaller scale. The case of Cannon Island and rocky islands of Keimos has been studied : the farmers settled on the alluvial banks of the Orange and adjust plots of crops in the floodplain. Irrigation canals, drainage, diversion and thresholds punctuate the site. Then confronted with problems of profitability of crops (too much variability regime of the river, distance from centers of consumption), these farmers are pushing to regulate the flow of the Orange through the ORDP and these massive transfers. An examination of some specific settings (alluvial deposits, decreased flow, development of phragmites responsible for significant withdrawals on the resource) shows the synergy of actions between adjustments made at different scales : "transfer triggers a negative and latent effect of local management, local management allows the expression of a negative effect of the transfer"(Blanchon, 2009).

From passive to active space All these factors led to identify regions of South Africa as "active" receiving water from another catchment area, face of source regions, called "passive", which export water outside their catchment area (Blanchon and Turton, 2005). The Gauteng region is undoubtedly the typical “active” region, in which the growth of urban development and industrial activities lead today to divert much of the available water. On the contrary, the more rural areas like the Lower Orange, Tugela and Berg below are more passive. Although they enjoy the flow regulation of watercourses by dams further upstream, they must often produce the most significant efforts to adapt to water shortages. However, this characterization of space may change over time : the Great Fish was originally an “active” region at the launch of ORDP, and now gradually becomes passive with the LHWP, with more and more water for the center city of Port Elizabeth (Blanchon, 2009).

THE MANAGEMENT OF WATER AFTER APARTHEID : AMBITION AND PRAGMATISM

O THE NEW WATER ACT OF 1998 : FROM THE DESIRE OF BREAKING OUT INTO THE ECONOMIC REALISM "Some, for all, for ever" : a new policy framework for water At its arrival at the government in 1994, the ANC wished to break radically with the positioning of the former regime, including the issue of water transfers. These are put at stake, regarding the exclusive benefit to the white minority, and the expensive management of the water that they represented (Blanchon and Turton, 2005). Specifically, two key issues were raised : the waste of agricultural water distributed at very low prices to white farmers, and under-equipment in the black disadvantaged populations (Blanchon, 2003). An important institutional reform is undertaken through the "White Paper for a National Policy on Water” 3 and finalized by the promulgation of the new Water Act in 1998 4. It sets a framework for action which will often be summarized through the slogan carried out by K. Asmal (new minister of water in the ANC government) : "Some, for all, for ever" ; it emphasizing the principle of equity and sustainability of the new governance framework (Earle et al, 2005). Three major themes emerged from the new water law : the nationalization of water resources (thereby breaking with the principle of riparian rights established by the Water Act of 1912) the ; the break with practices based on water supply management to switch to a policy of

3 White Paper on a national water policy for South Africa, 1997 4 National Water Act of the Republic of South Africa No. 36, 1998.

12/27 water demand management, involving the reallocation of water rights, particularly in agriculture and finally, the definition of a "reserve" by sections 16 to 18. The “reserve” consists of two parts. On the one hand the definition of basic human needs for drinking, food preparation and hygiene. They are assessed at about 25 liters per person per day. Later, this principle was detailed in the principle of free access to each home to 6 m 3 per month, with a water point located at a maximum distance of 200 meters (White and Ghesquières, 2006). On the other hand, an environmental reserve, which is supposed to allow the protection of aquatic environments (Blanchon, 2003b). For the first time, the legislative framework of South African integrated environmental requirements 5. In practice, the application of these principles had to be translated by the cessation of large hydraulic engineering and research for greater efficiency in water use. The first speech is rather understood as the abandonment of the transfer policy (Blanchon and Turton, 2005). This is also supported by the White Paper of 1997 which establishes the principle of reversed burden of proof : with the new policy set, "the watershed to which water will be transferred will show before that the water currently available in this watershed is used optimally and that reasonable measures to save it are implemented." 6

The economy to save transfer The new regime was quickly faced with two contradictory elements : improving the service offer knowing that 12 to 14 million South Africans lack access to safe drinking water, while at the same time preserving natural resources (Blanchon, 2003b). Quickly, the ANC government was positioning itself for the needs of previously neglected communities in a process of rupture with the past segregationist policies (Blanchon and Turton, 2005). The most representative case was the one of the LHWP, some phases being still negotiated at the time of the fall of apartheid.

Against all odds, the new ANC government positioned itself for the LHWP, in the name of economic imperatives. In 1996, the new ANC Minister of Water Affairs and Forestry said : "Ten years ago, I was opposed to the Treaty on the LHWP for economic reasons, and now I have to bring it into service (...).Meanwhile much has changed (...).South Africa needs water for its economic development which is so essential to advance the standard of living of our people (...). In a region where unemployment is omnipresent, we can not confine ourselves to zero development on behalf of environmental protection. "(Asmal, 1996). The services of DWAF quickly try to assess and quantify the direct effects as indirect use of water by volume, in terms of number of jobs created and produced wealth. The figures clearly show the multiplier effects on the economy, particularly in terms of jobs in the industrial Gauteng, and especially on low skilled workers. On this basis, the ANC government has seen without hesitation the interest of supporting these major projects regarding their impact on the poorest people, especially since the cost of transfer would be born by the high consumption users (Blanchon, 2003a).

Critics of this argument point out that it fails to distinguish domestic consumption needs of industrial needs, and does not take into account the environmental costs associated with large transfers. In addition, the assumption of rising water prices is taken by the richest people but also by the less advantaged households, while the growing needs relate mainly on white residential areas (Blanchon and Turton, 2005).

The need for a new governance The management of water under the apartheid regime was marked nationally by a takeover by authoritarian white minority, and internationally through a policy to support hegemonic regime (as in Lesotho with LHWP). The new ANC government therefore had, in theory and in

5 National Water Resource Strategy of the Republic of South Africa, 2004 6 White Paper on a national water policy for South Africa, 1997

13/27 its willingness to break with the old regime, to establish a democratic management of water, and to support a more equal sharing towards its neighboring countries. Nationally, the new government supports the nationalization of the resource with the creation of 19 river basins (Catchment Management Agencies - CMA) to meet the demands of democratization (Blanchon, 2003b). They include Water User Associations (WUAs) that will replace the old "Irrigation Boards" controlled by white farmers (Oosthuizen, 2002). Their modus operandi appears to guarantee a new distribution of the power, since the votes are allocated equally among the different user groups (farmers, municipalities, domestic users) (Blanchon, 2009). Both bodies are controlled by the DWAF and the whole system is more a process of devolution (Blanchon, 2003b). In general, the CMA must be a more integrated and participatory water management. Their skills, as defined in the 1998 Act, are wide enough : they have an advisory role on the protection of the resource, promotion of public participation, the creation and management of licenses, the rules restricting uses in times of deficit. Their implementation remains slow : except the lack of financial means of the new government, the establishment of CMA is a revolution in the governance of South Africa, that is used since the beginning of the century to management areas dimensioned for irrigation Agriculture (Blanchon, 2009).

Internationally, the new ANC government joined soon after its election the southern African Development Community (SADC), previously hostile to the policy of apartheid. The need for a shared governance of major transboundary basins is expressed early in 1995 through the first "Protocol on Shared Watercourse” 7 which was utdated in 2000 8. Its goal is to establish a management of international basins for an equitable access to resources. Operationally, these agreements provide for the establishment of institutions for watershed management (or catchment committee) for each watercourse, comprising the riparian countries (United Nations Environment Program, 2005). In this context the ORASECOM (Orange-Senqu River Commission) is the first committee created in 2000 in terms of the Protocol on Water for the Orange basin. It also recognizes other international agreements relating to the management of international river basins : the Helsinki Rules of 1966 relating to the use of international water basins, and the UN Convention on international waters (1997) (Turton, 2005b). It brings together in a common treaty South Africa, Lesotho, Botswana and Namibia ; targets refer to an equitable sharing of resources and a rational use of the system. A desire to strengthen relationhips of "good neighborhood" is also highlighted (Maupin, 2006). The effectiveness of these basin commissions and more generally in the SADC regional governance of water is questionable. SADC has on its territory (apart from Orange) the two major basins of the Zambezi and Congo in the northern part, and it would be legitimate to propose protocols for the management of shared resources, effective, and based on a policy of demand management (Colombani, 2003).

Nevertheless, a review of the first year of operation of the ORASECOM suggests that the institutional running has difficulty establishing effective management of the resource. In addition, investment by countries that have ratified the SADC Protocol seems to be much more on the local level through bilateral agreements (South Africa / Lesotho, South Africa / Namibia 9)- which seem to work well -- rather than regionally (Turton, 2005a ; Maupin, 2006).

7 Protocol on shared watercourse systems in the southern African development community (SADC) region, 1995 8 Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC), 07/08/2000 9 Agreement between the Government of the Republic of Namibia and the Government of the Republic of South Africa on the Establishment of a Permanent Water Commission, 14/09/1992

14/27 O THE DIFFICULT IMPLEMENTATION OF WATER SHARING The ecological part of the reserve : the myth of return to natural flow Analysis of the hybridization process shows the interrelationships and impacts of combinations between local facilities and transfers to the regional scale (see Hybridization of rivers, p11).

Therefore, the naturalness of the river can be examined under two headings. The first would be to blame dams for most of the negative impacts on the watercourse, and an ideal management should seek a return to the wild character of the original river. This position is primarily held by representatives of the World Commission on Dam (WCD) (Mc Cully, 2001). The second position tends to take into account the interrelations between the impacts of transfers and local custom. It is then to integrate the concept of hybridization, including the natural processes in an environment that is both natural and artificial. The extreme complexity of this positioning in the implementation of actions of "restoration" of ecosystems can be underlined (Blanchon, 2009).

This second paradigm is retained by the Water Act of 1998. The concept of ecological reserve ("Instream Flow Requirement, or instream flow) demonstrates the ambiguity of environmental discourse carried by the new government. The fact that the ecological part is put on with the "human" part of the reserve (the "Basic Human Needs") imply that the instream flow is understood as the amount of water needed to maintain the functions of water systems to continue to be exploited and they normally, without any negative impact on the health of residents (Blanchon, 2009). Initially the first calculation methods were approaching the instream flow as a tenth of the module (in the 80’s). Gradually the need for a more detailed evaluation, taking into account the need of the environment and the variability of rivers has become more necessary (Blanchon, 2006). The process of setting instream flows now implies a prior classification of rivers into four categories, A (defined in rivers naturally) to D (man-made rivers completely or heavily polluted), the establishment of an objective of quality for the ecosystem. It determines the quality of water for the ecosystems to protect and finally, the calculation of the "Reserve" for each stream of fourth order. Finally, the reserve consists of Maintenance Low Flows, High Maintenance Flows, and Drought Low Flows (Lesotho Highlands Development Authority, 2003 ; Blanchon, 2009). The application of this method along the Orange River shows a significant gap between the average monthly flow of the river and the reserve. In addition, the calculation does not take into account the variability of the river (which flows "natural" is sometimes punctuated by drought before the establishment of dams, or by floods), and a fortiori the interannual variability ( Blanchon, 2009) These results demonstrate the inadequacy of the method, originally designed for and by the northern hemisphere, on rivers where the problem is the decrease in flow, not its variability as in southern Africa’s rivers. In this sense, the use of dams to support the flow of the river becomes entirely possible.

The environmental approach supported by the New Water Act of 1998 may therefore involve, paradoxically, the use of transfer structures (Blanchon, 2009).

The reallocation of resources to meet customary rights and land issues "Some for all ..." : the first words of the slogan of the new water law were claiming for a more socially equitable reallocation of water resources. The new legislative framework of 1998 proposed two new approaches, including the reallocation of resources (the other being the definition and respect of basic human needs). In reality, the implementation of the redistribution of access to water is complex (Ashwin, 2005).

15/27 Some economic indicators do not necessarily argue for a reallocation of resources from agricultural to industrial activities. Agricultural irrigation accounts for 62% of total water consumption, and contributes only to 11% of South African GDP. Conversely, mining and manufacturing industries consume 23% of water and contribute 19% to national GDP. However, these economic evaluations also show that in trying to target the reallocation process on these marginal areas in terms of creation of GDP, they also impact the most vulnerable population. A reallocation of resources within sectors (ie within the agricultural sector), based on the efficiency of water use would be more beneficial for the poorest people (Juana et al., 2006).

Moreover, the reallocation of resources requires a major recast of the management and water sharing, at least compared to the period before 1994, through the establishment of Catchment Management Agencies and Water Users Associations. These bodies still struggle to be implemented. If lack of funds has been raised to explain this delay, the analysis also shows the importance of customary rights (or traditional) in the management of local water. Particularly important in rural areas, they are organized around a water sharing and conflict resolution by local traditional authorities. The issue of integrating these customary rights in participatory management, as the water law asked for, is complex : if the CMA and the WUA shall uphold the principle of subsidiarity and adaptation to local conditions in the management of the water, customary rights are not necessarily guarantee of an equitable access to the resource : unequal treatment between generation, empowerment of women, hereditary power incompatible with the democratic expression (Malzbender et al, 2005).

Finally, the issue of the management of lands is highly active in a country deeply marked by more than a century of water legislation based on the riparian rights. From all the difficulties that threat an equitable sharing of water, the renegotiation on lands seems to be the most crucial, combined with low capacity of government intervention, and a lack of demographic data allowing an assessment of shared water needs (Ferrand, 2009).

The land issue in South Africa faces a double divide : firstly, that of black people against white people, but its resolution lies in a consensus policy introduced since 1994 (system of financial assistance from the state on the basis of sale and buy). On the other hand, a tribal division, more difficult to reform, that does not guarantee equitable access to land (and therefore water) (Vircoulon 2003a ; Sohn, 2005). On this basis, the reallocation of resources is just to be established, despite its meaning deeply reformist (Sonjica, 2005). It is today more a methodological research on the modalities of implementation, than a real operational application (Movik, 2009).

The difficult financial equalization of water services The issue of water sharing in South Africa can also be considered at the level of water services, an argument for the continuation of the transfer policy carried by the ANC being the impact of costs on disadvantaged populations. The question of "basic human needs" is widely debated in South Africa, especially as its practical application has resulted in the delivery of a quantity of free water for all households. The quantification of these basic needs (attached to 6m 3 per household per month) is the subject of much criticism. But it is the issue of funding the free water which is questioned, the government taking part through a grant (Equitable Share) paid depending on the number of household receiving less than 1,100 rand per month (Vircoulon 2003b ; Ghesquières and White, 2006). The needs of technical skills and funds lead many municipalities to rely on public-private partnerships to manage their water service while implementing the policy of free water. The introduction of private companies in water management is also the subject of heavy criticism, the privatization of water being seen as a setback to the nationalization of the resource provided by the Act Water 1998 (Conca, 2006; Muller, 2009).

16/27 In all urban areas of South Africa, services are faced with outdated systems in the former townships, the need to expand networks to cope with the arrival of people from rural areas, but also at a low rate of bill recovery. These characteristics are also similar to those of other African regions (Jaglin, 2001a). All led to tense situations often where the threat of water shortages, the demand on the part of free water, and lack of payment culture disturbs the public debate and makes it sometimes confusing (Jaglin 2001b ; Ghesquières and White, 2006; Johannesburg Water, 2009). In rural areas, the vast majority of water input is provided through common standpipes ; this configuration induced water consumption rarely higher than the 6 m 3/household/month. The overall consumption can be covered by the Equitable Share, which is no incentive for companies. This is especially true since the release of habitat on these areas leads to high service costs, more than in urban areas (White and Ghesquières, 2006). The arrangements for sharing water on the level of services are therefore greatly different between urban and rural areas. While urban centers are able to attract investors, on the condition they improve recovery rates, rural areas has high service costs for the poorest people.

O WHAT FUTURE FOR THE HYDROPOLITICAL SYSTEM OF SOUTH AFRICA? Some examples of transfer projects The current transfer projects in South Africa are mainly the increased production of water from the Vaal Dam. This corroborates the analysis showing the influence of Gauteng in the direction of transfer policies (the main region consuming water of the Vaal Dam), and more generally the influence of urban industrial centers in the management of the South African water (see Appendix 3: The proposed new water transfers (Blanchon, 2009), p. 24). Specifically, increased transfers from the Tugela is discussed, with water intakes located more downstream in the region of Kwazulu-Natal, this project would present high chance of success in the short run (2010) (Blanchon and Turton, 2005). Other projects seem more hypothetical, though seriously considered by the DWAF. It is the creation of an additional dam on the Orange just downstream of Lesotho, to feed the Vaal Pipeline, reversing the course of Caledon by a succession of dams (a project that has the political disadvantage for South Africa to associate Lesotho), and transfer of all waters of the Transkei by a network of dams and pipelines on nearly 800 km to the Vaal and Tugela (Blanchon and Turton, 2005).

A convergence of factors rather favorable to the prosecution of transfers Despite a strong desire to break with the former policy of apartheid, the governments since 1994 continue to support the transfer projects. In the discharge of the ANC, transfers currently under implementation have been the subject of negotiations since before 1994. These important projects involve a certain institutional inertia that is difficult to stop quickly (Blanchon and Turton, 2005).

But more realistically, some analysis points to excessive tension between previous policies and disruption claimed in the Water Act of 1998, which would explain the need for necessary transfers back into management policies. While technology transfer is under control, the establishment of a policy of demand management involves a deep reform of water use (Colombani, 2003 ; Blanchon and Turton, 2005). However the "hydro-hegemony" frame that has prevailed in the implementation of major systems transfers before 1994 has evolved, and the ongoing negotiations on the future phases of LHWP show that clearly.

17/27 While stages IA and IB of the project are completed, the agreement between South Africa and Lesotho on the LHWP is still being negotiated. However, the discussion focus on assessing the volume of water requested by South Africa which will probably be downgraded to : assessment of the level of household consumption (estimated in 1986, before the restrictive measures imposed by the 1995 drought), or demographic data that did not include at that time the ravages of AIDS in the region (Colombani, 2003). But beyond these technical parameters, the post-apartheid South Africa does not need most of Lesotho as a "screen" policy for access to international capital, which in itself is a major argument to renegotiate the partnership that bound the two countries (Blanchon and Turton, 2005). Other parameters necessarily affect the decision-making on large systems of water transfers. The increasing rural exodus to urban areas contributes to increasing needs of these geographic areas to the detriment of rural areas (White and Ghesquières, 2006 ; Vircoulon, 2003).

Furthermore, South Africa faces a major energy crisis (increase in demand, supply disruption, the issue of equalization tariff for access to the poorest) who fail to influence the debate on the the future of hydrolic structures (Malzbender, 2005).

CONCLUSION The organization of water transfers in southern Africa is dominated by the giant South Africa. Water management has been built gradually over time, as a response to various natural constraints, the main one is the mismatch between needs and available resources. But it can not be understood without taking into account its use within the context of political processes related to apartheid. Tensions within the country, desire to dominate the region : the Pretoria regime before 1994 was undoubtedly used to transfer water to control its political and geographical space. In South Africa brought about by the ANC after 1994, an ambitious course of reform hoped to reposition the management of water in a triptych balance including economic development, protection of the environment and an equitable redistribution of resource, particularly towards the previously neglected populations. Decision-making processes have emphasized the economic argument in the management of water, leading to the new scheme supporting transfer previously fought. The other pillars of sustainable development today hardly succeed in implementation : difficult expertise of the environnemental needs, reallocation of the resource encountering land management issues marked by the customary rights and the loss of local governance. These are all signs that suggest a continued policy of water transfers, albeit it is not today in the favour of a single minority ruling class. But these trends also suggest that management of water, placed in a broader context, faces challenges that go beyond the split white/black: slow evolution towards a policy of demand management, changes in the South African rural society marked by the exodus to urban centers, settlement of a new regional cooperation framework with other SADC countries. In this sensitive context South Africa must set a fair use of water transfers in the political management of the resource.

18/27 RÉFÉRENCES Ashwin R. S., 2005. Progress with Water Allocation Reform in South Africa. In : OECD, OECD Workshop on Agriculture and Water, Markets and Policies , Adelaide and Barmera (Australia), 14-18/11/2005. Paris, OECD, 15 p. Asmal K., 1996. Speech by Prof K Asmal, Minister of Water Affairs and Forestry. farmers' association on the water law review , Simonsvlei Winery, 16/04/1996. Disponible sur Internet : http://www.search.gov.za/info/previewDocument.jsp?dk=%2Fdata%2Fstatic%2Finfo %2Fspeeches%2F1996%2F960624_60.htm%40Gov&q=%28+%28+asmal+%29+%3 CIN%3E+title%29&t=ASMAL%3A+PAARL+FARMERS%27+ASSOCIATION+ON+TH E+WATER+LAW+REVIEW, [consulté le 15/11/09]. Blanc A., Ghesquières C., 2006. Décentralisation et politique de l'eau gratuite en Afrique du Sud : quelle place pour le secteur privé ? Paris, Agence française de développement, 29 p. Document de travail. Blanchon D., 2001. Les nouveaux enjeux géopolitiques de l'eau en Afrique australe. Hérodote , 102, 113-137. Blanchon D., 2003a. L'économie au secours du transfert. Le Lesotho Higlands Water Projet : Can economy save the Lesotho Highlands Water Project ? La Houille Blanche , 3, 154-158. Blanchon D., 2003b. La nouvelle politique de l'eau en Afrique du Sud : vers une gestion environnementale des ressources ? L'espace géographique , 32 (1), 21-30. Blanchon D., 2006. La politique de l’eau en Afrique du Sud : le difficile équilibre entre développement durable et valorisation optimale de la ressource. Développement durable et territoires , 6, 15 p. Disponible sur Internet : http://developpementdurable.revues.org/index1735.html, [consulté le 28/09/2009]. Blanchon D., 2009. L'espace hydraulique Sud-Africain. Le Partage des Eaux . Paris, Karthala, 294 p. Collection : Hommes et Sociétés. Blanchon D., Turton A., 2005. Les transferts massifs d'eau en Afrique du Sud. Ch. 12. In : Lasserre F. (Ed.), Transferts massifs d'eau : outils de développement ou instruments de pouvoir ? Sainte-Foy (Québec), Presses de l'Université du Québec, pp. 247-283. Colombani P., 2003. Le Lesotho Highlands Water Project (LHWP) : une coopération réussie dans l'attente d'une politique régionale de l'eau. Afrique contemporaine , 205, 91-102. Conca K., 2006. South Africa : "With water we will wash away the past". In : Conca K. (Ed.), Governing Water : Contentious Transnational, Politics and Global, Institution Building . Cambridge, The MIT Press, pp. 311-371. Earle A., Goldin J., Kgomotso P., 2005. Domestic Water Provision in the Democratic South Africa, changes and challenges . Pretoria, University of Pretoria, 40 p. Emmet T., Hagg G., 2003. Politics of Water Management : The Case of the Orange River Development Project. In : Khosa M. (Ed.), Empowerment through Economic Transformation . Durban, Africa Millenium Press, pp. 299-328. Ferrand N., 2009. Research officer, CEMAGREF-UMR G-EAU, Montpellier. Interview dated 05/11/2009. Jaglin S., 2001a. Villes disloquées ? Ségrégations et fragmentation urbaine en Afrique australe. Annales de Géographie , 110 (619), 243-265. Jaglin S., 2001b. L'eau potable dans les villes en développement : les modèles marchands face à la pauvreté. Tiers-Monde , 42 (166), 275-303.

19/27 James L. H., 1980. Total water strategy needed for the . Construction in Southern Africa , 2, 103-111. Johannesburg Water (PTY) Ltd 2009, 2009. Johannesburg welcomes judgement on water meters . Johannesburg, Johannesburg Water (PTY) Ltd 2009. Disponible sur Internet : http://www.johannesburgwater.co.za/, [consulté le 03/11/2009]. Juana J. S., Kirsten J. F., Strzepek K. M., 2006. Inter-sectoral water use in South Africa : efficiency versus equity. In : 26th International Association of Agricultural Economist Conference , Gold Coast, 12-18/08/2006. Milwaukee, International Association of Agricultural Economist, 16 p. Lageat Y., Liman F., 2001. Le Lesotho : enclavement et dépendance d'un royaume montagnard. Ch. 2. In : Bart F., Morin S, Salomon J. N. (Ed), Les montagnes tropicales : identités, mutations, développement. Bordeaux, Presses universaitaires de Bordeaux, pp. 315-322. Espaces tropicaux, 16. Lasserre F., 2009. Il est plus efficace de mieux gérer l'eau localement. Le Monde , 20148, 4- 4. Lesotho Highlands Development Authority, 2003. Lesotho Highlands Water Project. Development of a Policy for Instream Flow Requirements. Information Document. Maseru, LHDA, 10 p. Malzbender D., 2005. Domestic Electricity Provision in the Democratic South Africa . Pretoria, University of Pretoria, 32 p. Malzbender D., Goldin J., Turton A., Earle A., 2005. Traditionnal Water Governance and South Africa's "National Water Act" - Tension or Cooperation ? In : International workshop on 'Africa Water Laws : Plural Legislative Frameworks for Rural Water Management in Africa' , Johannesburg, South Africa, 26-28/01/2005. Johannesburg, IWMI, University of Greenwich, the Faculty of Law of the University of Dar-es- Salaam, the South African Department of Water Affairs and Forestry. 13 p. Maupin A., 2006. Du risque hydrologique au risque hydropolitique en Afrique Australe. In : 1re Rencontre du Réseau des études africaines en France , Paris, 29/11-01/12/2006. Ivry, Réseau des études africaines en France, 6 p. Disponible sur Internet : http://www.etudes-africaines.cnrs.fr/communications/maupin.pdf, [consulté le 14/11/2009]. McCully P., 2001. Silenced rivers. The ecology and politics of large dams. London, Zed Books, 359 p. Movik S., 2009. The Dynamics and Discourses of Water Allocation Reform in South Africa. Brighton, STEPS Centre, 46 p. STEPS Working Paper, vol. 21. Muller M., [mis à jour le 21/07/2009]. A 'Phiric' victory for the poor. Johannesburg, Mail & Guardian Online. Disponible sur Internet : http://www.mg.co.za/article/2009-07-21-a- phiric-victory-for-the-poor, [consulté le 14/11/2009]. Oosthuizen L. K., 2002. Land and water resources management in South Africa. In : Working group on Integrated Land and Water Resources Management (WG-ILWRM), 18th ICID Congress , Montreal, Canada, 21-28/07/2002. , University of the , 11 p. Sohn C., 2005. De l’urbanité post-apartheid à Windhoek (Namibie). Socio-anthropologie , 16, 11 p. Disponible sur Internet : http://socio-anthropologie.revues.org/index431.html, [consulté le 18/10/2009]. Sonjica B., 2005. Water Allocation Reform in South Africa : National Consultative Workshop. In : CSIR Conference Centre , Pretoria, 12/04/2005. Pretoria, DWAF, 4 p.

20/27 Turton A., 1999. Precipitation, People, Pipelines and Power : Towards a "Virtual Water" based political ecology discourse. London, University of London, 25 p. MEWREW Occasional Paper, Water Issues Study Group, School of Oriental and African Studies (SOAS), University of London, vol. 11. Turton A., 2005a. Desecuritization as a foundation for Benefit-Sharing : Lessons from the Okavango River Basin. In : Mekong River Commission Forum , Chiang Rai (Thailand), 29/11/2005. Paris, RIOB, 22 p. Disponible sur Internet : http://www.riob.org/divers/chiang-rai/Session2/5-Turton.pdf, [consulté le 21/10/2009]. Turton A., 2005b. Hydro-Hegemony in the context of the South African Cold War Experience. In : 1st Workshop on hydro-hegemony , Kings College (London). 21-22/05/2005. Paris, RIOB, 25 p. Disponible sur Internet : http://www.soas.ac.uk/waterissues/papers/file38418.pdf, [consulté le 21/10/2009]. Turton A., 2005c. Hydro Hegemony in the context of the Orange River Basin. In : 1st Workshop on hydro-hegemony , Kings College (London), 20-21/05/2005. London, CSIR, 37 p. Disponible sur Internet : http://www.awiru.co.za/pdf/5Hydro%20Hegemony%20in%20the%20Context%20of%2 0the%20Orange%20River%20Basin.pdf, [consulté le 26/11/2009]. Turton A., Meissner R., Mampane P.M., Seremo O., 2004. A hydropolitical 's international river basins . Pretoria, University of Pretoria (African Water Issues Research Unit – AWIRU), 432 p. United Nations Environment Programme, 2005. Hydropolitical Vulnerability and resilience along International Waters : Africa . Nairobi, UNEP, 164 p. Vircoulon T., 2003a. Les questions de la terre dans la nouvelle Afrique du Sud. Hérodote , 111, 99-115. Vircoulon T., 2003b. L'eau gratuite pour tous ? L'exemple de la nouvelle politique de l'eau en Afrique du Sud. Afrique contemporaine , 205, 135-150. World Commission on Dams (WCD) Secretariat, 2000. Orange River Development Project, South Africa . Cape Town, World Commission on Dams, 136 p.

Regulatory texts, official documents, international agreements A draft position paper for water allocation reform in South Africa, towards a framework for water allocation planning, discussion document from the Republic of South Africa, 2005. Disponible sur Internet : www.dwaf.gov.za/Documents/Policies/WARdraftJan05.doc, [consulté le 14/10/2009]. Agreement between the Government of the Republic of Namibia and the Government of the Republic of South Africa on the Establishment of a Permanent Water Commission, 14/09/1992. Disponible sur Internet : http://www.internationalwaterlaw.org/documents/regionaldocs/nambia- southafrica.html, [consulté le 29/11/2009]. National Water Act of the Republic of South Africa No. 36, 1998. Disponible sur Internet : http://www.dwaf.gov.za/Documents/Legislature/nw_act/NWA.pdf, [consulté le 28/11/2009]. National Water Resource Strategy of the Republic of South Africa, 2004. Disponible sur Internet : http://www.dwaf.gov.za/Documents/Policies/NWRS/Default.htm, [consulté le 12/10/2009]. Protocol on shared watercourse systems in the southern African development community (SADC) region, 1995. Disponible sur Internet : http://www.africanwater.org/SADCprotocol.PDF, [consulté le 21/10/09].

21/27 Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC), 07/08/2000. Disponible sur Internet : http://www.sadc.int/index/browse/page/159, [consulté le 29/11/2009]. White Paper on a national water policy for South Africa, 1997. Disponible sur Internet : http://www.dwaf.gov.za/Documents/Policies/nwpwp.pdf, [consulté le 14/10/2009].

22/27 APPENDIX

Appendix 1 : resource and water demand in South Africa (Blanchon, 2009)

Appendix 2 : Water transfers in South Africa (Blanchon, 2009)

23/27 Appendix 3: The proposed new water transfers (Blanchon, 2009)

24/27 Appendix 4 : Location of Gariep Dam and Van der Kloof Dam (World Commision on Dams, 2000)

25/27 Appendix 5 : Organization of transfers within the ORDP (World Commision on Dams, 2000)

26/27 Appendix 6 : Schematic section through the Lesotho Higlands Water Project (phases 1 to 3) (Blanchon, 2003a)

Appendix 7 : The Lesotho Highlands Water Project (Blanchon et Turton, 2005)

27/27