Water Resources Management in Brazil - Water Management History and Recent Development

Water Management History and Recent Development

As in many other countries, water resources management in Brazil has historically relied upon heavy investment on hydraulic infrastructure. From building the first hydropower facility in 1901 until the mid-1970s, hydropower has been the main focus of water resources management. In 1934, after several modifications introduced to the first 1907 draft, the Water Code was approved. The Water Code was the first legislation for water resources management in Brazil, and was applied for more than 60 years. The Water Code ensured the free use of any water for basic life necessities and permitted everyone to use any public water while complying with administrative regulations. Some of its provisions, such as the polluter pays principle, were introduced long before this principle became globally recognized as a good practice.

The intention of reforming Brazil’s water resources management system began to shape during the 1970s when other water users challenged the priority given to hydropower. Different initiatives and institutions for water management were established by the Federal Government and states such as São Paulo and Ceara. The Constitutional reform of 1988 was the first step in the creation of a National Water Law, whose responsibility was given to the Federal Government. The reformed Constitution also established a distinction between federally controlled water, for rivers across state boundaries, and state-controlled water, for rivers and groundwater that remained completely within state boundaries. Based on this new responsibility, the states began to implement their own water resources management systems. São Paulo pioneered this process in 1991 (see Water management in the Metropolitan Region of São Paulo). Today 25 of Brazil’s 26 states and the Federal District have adopted legislation to modernize water resource management (see States of Brazil).

After negotiating for six years, the Federal Government approved the 1997 National Water Law (No. 9433) aimed at incorporating modern water resources management principles and instruments into Brazil's water resources management system. A National Water Authority was created in 2000 aimed at implementing the National Water Law. Numerous local, regional, and national initiatives, public and private bodies, and technical, scientific, and professional associations also play a role in Brazil's water resources management system.