Asymmetry and equity in water resources management; critical institutional issues for Southern Africa

Water users wish to achieve the highest benefits from water resources. Rules limit the manner in which water users may utilise the water resources occurring within their constituencies or territories. However an asymmetrical situation exists whereby downstream users may not affect upstream users but upstream users do cause downstream impacts. Because of this asymmetry the equitable sharing of water resources between upstream and downstream users will always imply that upstream users have to forego some potential water benefits. The general question that this paper addresses is: which institutional arrangements can be devised to (re-)establish an equilibrium between up- and downstream entities within a catchment area or river basin? The paper addresses this question by first focusing on some local and national water allocation arrangements. After briefly reviewing the different management regimes, customary and colonial, that co-evolved in Southern Africa, it assesses the water management principles that are currently being espoused. The focus then turns to the principles in international water law that deal with the allocation of water in transboundary river basins. It is concluded that it often proves difficult to reach agreement over how to share the scarce resource. The paper then discusses the current trend to look beyond water and beyond the river basin when seeking peaceful means to share a common water resource. The concept of ‘hydrosolidarity’ emerges as a normative value that may help to recreate a balance between the various (asymmetrical) interests that exist within a river basin. The paper concludes that water resources can only be governed wisely is there is capacity to understand and monitor the water fluxes within a river basin. If such capacity is wanting, priority should be given to strengthen it.