Water Resources Management in Peru - Water Management History and Recent Developments

Water Management History and Recent Developments

The second half of the 20th century witnessed heavy public investments in dams in the Andes and associated irrigation infrastructure in the coastal region. For example, in the 1950s and 1960s, the San Lorenzo dam and Tinajones dam, the largest Peruvian dams, were built in the northern coastal region. Within the government the Ministry of Agriculture was given the responsibility to manage water resources, since irrigation was by far the largest water use. Its lead role was confirmed by the 1969 General Water Law No. 17752 (Ley General de Aguas—LGA) which defined the Ministry of Agriculture as the "National Water Authority". However, other laws—such as the General Hydrocarbon Law (DL 26221), the General Mining Law (DS 014-92-EM), the Law for Electricity Concessions (DL 25844)—also dealt with water resources on a sectorally fragmented basis within a centralized administrative system that gave little or no decision-making power to stakeholders at the local level. There was no legal basis for integrated water resources management at the level of each river basin, and consequently there were no institutions to implement such an integrated management. This began to change in the early 2000s with the approval of a Decentralization Law, a Regional Government Law and a Municipalities Law. In 2003 the government began transferring powers to the newly created regional governments, including for water quality management and the operation and maintenance of major public infrastructure, despite the limited institutional capacity of regional governments. A draft national water resources management strategy prepared in 2004 (Estrategia Nacional para la Gestion de los Recursos Hidricos Continentales del Peru) aimed at promoting integrated water resources management through a new institutional and legal framework. In this spirit a National Water Authority (Autoridad Nacional del Agua – ANA) was established in 2006 and its role was strengthened through the 2009 Water Resources Law (Ley de Recursos Hídricos – LRH). Implementation of the law and the creation of basin-level institutions with meaningful capacities and enforcement powers still remain a challenge. (See Legal and Institutional Framework below for more details)

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