Testing the Water Tenure approach: does it add value? The experience in Spain, By Elena Lopez-Gunn et al, Land and Water Days in Near East & North Africa, 15-18 December 2013, Amman, Jordan

1. Testing the Water Tenure approach: does it add value? The experience in Spain
Elena Lopez-Gunn et al 1
Abstract
Water tenure - in line with land tenure- is defined as ‘the relationship, whether formally or customarily
defined between people, as individuals or groups, with respect to water resources’. Thus the focus is on
the reality on the ground, and mapping the existing relationships without a priori normative
judgements. Instead this bottom up approach can give insights into the complex system of water use,
and – through water tenure analysis- i.e. the analysis of relationships between users and water use,
whether formal or informal- to help identify areas where e.g. formal laws are too rigid, formal laws are
un- implementable for a number of reasons, there are problems of coherence between laws, etc, or
there are other non-regulatory approaches that prove more effective (e.g. social norms and agreements
at water user groups level). The ultimate aim is to test whether water tenure as a concept can help
transition a system focused on (rigid- property) water rights towards a system which also incorporates
some flexibility and potential re-allocation, based on the concept of water tenure without losing
important aspects related to security of tenure.
Brief approach: Piloting a water tenure analysis for the case of Spain
The basins of Douro and Guadiana have been chosen for the case of Spain to test the
approach. In the case of the Douro the case study area has concentrated on a recent irrigation
modernization process for a 1600 ha area, where the water tenure approach has been used to
help understand the process of changed relationships and management from the perspective
of water security, equitable use and sustainability. For the case of the Guadiana, the water
tenure approach has been used to help understand recent policy interventions for water
allocation, re-allocation and de-allocation in an intensively used 5,000 km2 groundwater
system. The litmus test is to establish whether water tenure provides a useful means to
improve water management in areas faced with water scarcity, both physical and in terms of
demand outstripping supply.
The study has been structured around four main areas of analysis to frame water tenure; the
first area is the a priori definition of the concept of water tenure based on the current VGT
guidelines. It looks at water use under a typology of water tenure arrangements namely
formal, de minimis, customary and local uses, collective irrigation rights, public water supply,
fisheries, environment and informal (sometimes illegal) water use. Here equity and efficiency
become key principles or benchmarks for management under scarcity. The second section
looks at the resource base, and water accounting for secure and sustainable water tenure. The
third section undertakes a comparison between water tenure and water accounts, to establish
potential gaps. Finally the fourth section provides a context analyses for the concept by
looking at the political economy and broader governance arrangements, to establish key
drivers and barriers for robust water tenure arrangements. The benchmarks to evaluate “good
and effective” water tenure center on guaranteeing water security, equitable use and
sustainability of the resource base, particularly for agricultural communities and local
livelihoods.
1
Team led by Dr Elena Lopez Gunn (ICATALIST) and comprised of Dr Manuel Bea, Dr Pedro Zorrilla, Ms
Laura Vay and support from Ms Rosa Huertas (Duero Water Authority, Spain)

2. Brief approach: methodology
A mixture of quantitative and qualitative methods have been used to collect data; on the one
hand data on water accounts through recourse to existing documents for water planning at
basin level, as well as contrasting this information with water balances via remote sensing. On
the other, qualitative interviews with senior experts and 6 workshops so far with water users
have been held, giving particular weight to the perceptions and experience of farmers, and
other users (urban water supply, environmental, historical and cultural, and for solar energy)
on how to define effective water tenure arrangements under water scarcity. The uniqueness of
the approach has been to open the definition of the concept to users and stakeholders, i.e. it is
essentially bottom up. Thus it will based around the stated needs and experiential knowledge
of water users in terms of security, sustainability and equity to develop assertable legal rights
that can also provide the confidence required to make on-farm investments. The study is
currently under way, data is being collected and analysed, thus results presented are indicative
at this stage.
Outcomes so far: water tenure = flexibility and control
The main results indicate that farmers prefer the relative dynamism and flexibility of a water
tenure approach as compared to a more static and rigid water rights approach while at the
same time perceive this greater flexibility at farm level of a water tenure approach has to
include sin equa non, control and good over sight by both farmers and the authorities to
ensure fair play and equitable use and the long term availability of the resource base
(sustainability). Equally results so far seem to indicate a gap to be bridged between, on the
hand the microlevel of farmer needs in terms of secure (and adaptable) water tenure
arrangements (i.e. the implementation of water tenure) and on the other, at the macro level
the design of water tenure arrangements into existing policy, taking into account policy drivers
and coherence.
Lessons learnt: is water tenure a useful concept?
The purpose of this case study and the other parallel case studies in India and South Africa,
evaluates the potential usefulness of a conceptual approach. Test whether water tenure could
be used in practice to contribute to improved water resources management and improved
access to or delivery of water services. Evidence gathered so far for Spain seems to indicate
the water tenure approach can indeed help offer a good diagnosis of the coherence of water
use in the system judged against benchmark criteria, and therefore help offer a better and
more holistic understanding to develop a more comprehensive set of interventions to achieve
desired political, social, economic and environmental objectives (such as increased
productivity per unit area, per unit volume of water, per unit of investments) and help identify
e.g. research needed, useful or relevant policy and legislative reforms, institution building,
training and capacity building and sector investments.

3. CONTEXT OF SESSION (T8)- WATER AND LAND TENURE GOVERNANCE: FROM DESIGN
(WATER) TO IMPLEMENTATION OF VOLUNTARY GUIDELINES (LAND)
Why Now
In January 2013 FAO hosted an Expert Consultation that was attended by approximately 40
practitioners, academics and decision-makers whose expertise ranged from anthropology,
political science, sociology, economics and law to engineering, hydrology and agronomy. The
purpose of the Consultation was an information gathering exercise. The aim for FAO was a
need to augment and enhance internal knowledge related to water governance in general and
water governance for agriculture and food security in a context of water scarcity in particular.
The results of the Expert Consultation were fed into a new stream of work towards a Water
Governance Water Report. This Report will provide a more detailed description and
assessment of the governance concepts outlined in the ‘Coping with Water Scarcity Action
Framework.’ As part of this process a decision was taken to initiate three pilot studies on the
concept of water tenure in India, South Africa and Spain as a first step on practical approaches
to have a deeper knowledge on water governance under water scarcity conditions.
Why look at water Tenure Now?
The reason to focus on water tenure as a concept and its application to three specific countries
is because of the parallel work currently undergoing at FAO on land tenure guidelines. In 2012
FAO published the Voluntary Guidelines on the Responsible Governance of Tenure of Land,
Fisheries and Forests in the Context of National Food Security (the ‘VGGT’). The objective of
the VGGT has been to set out principles and internationally accepted standards for responsible
practices, which in turn provide a framework that States can use when developing their own
strategies, policies, legislation and programs in relation to land and linked natural resources.
Water however was omitted from the VGGT and the idea is that the successful process
undertaken under the land WGGT could provide a useful precedent for a similar successful
process on water tenure, which would complement and re-enforce the current
implementation process on the land VGGT.
Increased scarcity, increased need for new approaches and tools
Given the increased pressure on water resources and the many challenges that individuals and
communities are increasingly facing around the world as regards access to and the use of
water the broad notion of ‘water tenure’ offers a potentially valuable means of both
conceptualizing and safeguarding the interests of individuals and communities as regards their
access to use of water resources, one that one step forward the notion of formal water rights.
The concept of water tenure is mirrored on the concept of land tenure, while acknowledging
that there are important differences (and complementarities between water and land as
resources.