Bolivian Water Crisis: Laws To The Rescue

Bolivia has faced significant challenges in managing its water resources, with social unrest and conflict adding to the existing difficulties. The so-called water wars in 2000 and 2006 in Cochabamba and El Alto, respectively, highlighted the need for legal and institutional reforms to ensure sustainable water management. In response to these crises, the Bolivian government has made efforts to increase participation, especially for rural and indigenous communities, and distance itself from previous privatisation policies. The government of Evo Morales intends to strengthen citizen participation in the water sector and is working on a new water law to replace the current one, which was created in 1906.

Law 2029 (1999)

Law 2029, also known as the Water and Sanitation Services Law, was established in 1999 during the second mandate of Hugo Banzer (1997-2001). This law served as the sectoral institutional framework, creating the legal framework for the water sector that remains in force today.

The primary purpose of Law 2029 was to introduce concessions and licenses for the supply of potable water to cities with more than 10,000 inhabitants. This law allowed for private sector participation, marking a shift towards privatization and away from state control. SISAB, the regulatory agency, was formalized under this law, replacing the former Superintendencia de Agua created in 1997.

The implementation of Law 2029 was highly controversial and sparked widespread protests. For many Bolivians, the law and its accompanying concessions represented the issues of neoliberal development strategy, including its lack of concern for equity and its preference for foreign capital over national interests. The protests, known as the Cochabamba Water War, culminated in the death of 17-year-old Victor Hugo Daza, who was shot by a Bolivian Army captain.

Following these protests, the law was amended in a special session on April 11, 2000. The government even rented planes to fly legislators back to the capital to ensure a quorum for amending the law. The two water concessions granted to the private sector in La Paz/El Alto and Cochabamba were terminated after two popular uprisings against water privatization in 2000 and 2005.

Today, the Bolivian government continues to contemplate new water and sanitation laws, such as the proposed "Water for Life" legislation, which aims to strengthen community water rights and eliminate the legal concept of concessions.

Law 2066 (2000)

Law 2029, enacted during the second mandate of President Hugo Banzer, laid out the legal framework for private sector participation in water and sanitation services. It also formalized the role of SISAB, the regulator that replaced the Superintendencia de Agua created in 1997.

However, Law 2029 was highly controversial and sparked widespread protests in Cochabamba, Bolivia's fourth-largest city. The protests, known as the "Cochabamba Water War" or the "Bolivian Water War," took place between December 1999 and April 2000 and were sparked by the privatization of the city's municipal water supply company, SEMAPA. The conflict reached its climax on April 8, 2000, when the government declared a state of siege, resulting in injuries and the death of a 17-year-old boy.

As a result of the protests, the privatization law was revoked, and the water supply returned to public hands. This event, known as the "Water War in Cochabamba," marked a significant moment in the fight for the right to water in Latin America.

Following the uprising in Cochabamba, there was another popular uprising against water privatization in La Paz/El Alto in January 2005, which centered on natural gas concessions. This led to the termination of the water concession in La Paz/El Alto, and the public utility Empresa Pública Social de Agua y Saneamiento (EPSAS) took over.

The revisions made to Law 2029 in 2000 through Law 2066 aimed to address the concerns and issues raised during these protests and to improve access to water and sanitation services for Bolivians.

Water for Life

Bolivia has faced significant challenges in managing its water resources, with social unrest and conflict adding to the existing difficulties. The so-called "water wars" in 2000 and 2006 in Cochabamba and El Alto, respectively, highlighted the need for improved water resources management in the country.

In response to these crises, the Bolivian government has taken several steps to address the issues and improve access to water for its citizens. One of the key steps was the creation of a new law called "Water for Life". This law aimed to increase participation, especially for rural and indigenous communities, and distance itself from previous privatisation policies.

The Context: Bolivia's Political Crisis

Bolivia has traditionally faced political and institutional instability in its water sector. The water wars of 2000 and 2006 brought to light the discontent among Bolivians regarding water privatisation and the lack of equitable access to water, especially for indigenous peoples, who make up 62% of the country's population. The privatisation of water led to substantial rate hikes, with residents of Cochabamba, for example, facing doubled or tripled water bills. This sparked widespread protests and social unrest, with thousands taking to the streets to demand change.

The "Water for Life" Law

"Water for Life" is a proposed new water and sanitation services law in Bolivia. According to Vice-Minister Rene Orellana, this law would introduce several key changes to the existing water sector framework:

• Elimination of the Agency for the Supervision of Basic Sanitation (SISAB) and the introduction of a decentralised regulator in its place.
• Elimination of regulatory taxes and the legal concept of concession.
• Introduction of a preferential electricity tariff for Empresas Prestadores de Servicios de Agua Potable y Alcantarillado (EPSAs).
• Strengthening of community water rights.

The Impact of "Water for Life"

The "Water for Life" law has the potential to significantly impact the water sector in Bolivia and improve access to water for its citizens, especially in rural and indigenous communities. By eliminating SISAB and introducing a decentralised regulator, the law aims to increase participation and give more power to local communities in decision-making processes. Additionally, the elimination of regulatory taxes and the legal concept of concession could help reduce water rates and make water more affordable for Bolivians.

Furthermore, the introduction of a preferential electricity tariff for EPSAs could encourage investment in the water sector and improve the quality of water services. Strengthening community water rights is also a crucial aspect of the law, ensuring that indigenous and rural communities have a say in how their water resources are managed.

Overall, the "Water for Life" law has the potential to address the issues highlighted during the water wars and improve access to water for all Bolivians. By increasing participation, eliminating privatisation policies, and strengthening community water rights, Bolivia can work towards ensuring that its citizens have equitable and affordable access to this essential resource.

Ley numero 2878 (2004)

Ley número 2878, or the Law of Promotion and Support for the Irrigation Sector for Agricultural and Forestry Production, was passed in Bolivia on 8 October 2004. The law establishes the norms that regulate the sustainable use of water resources in irrigation activities for agricultural and forestry production, defining its policies, institutional framework, regulations, and management of irrigation.

Article 20 of the law guarantees and respects the existing easements on water sources and in irrigation systems established by customs and practices in indigenous and peasant communities and organisations related to irrigation activities.

The law also recognises the right of indigenous communities, indigenous and peasant organisations, and small agricultural and forestry producers to manage water resources sustainably, respecting their authorities, and recognising their customs, easements, and cultural knowledge about water use.

The law promotes productive water use through irrigation to improve the living conditions of indigenous communities, indigenous and peasant organisations, and other producers. It also promotes the decentralisation of decision-making and the elaboration, management, and application of policies, plans, projects, and programmes at the departmental, municipal, regional, and local levels.

The law includes provisions for the creation of the National Irrigation Service (SENARI) and the Departmental Irrigation Services (Servicios Departamentales de Riego, or SEDERI). It outlines the responsibilities of these institutions, including the granting of registrations and authorisations for the use and exploitation of water resources for irrigation, the resolution of conflicts, and the promotion of sustainable management practices.

The law also establishes the National Irrigation Fund (Fundación Nacional de Riego) as an entity of public interest, under the Ministry of Water.

Water Law (1906)

The Water Law of 26 October 1906 was a crucial piece of legislation in Bolivia's ongoing struggle to secure access to water for its citizens. This law, enacted over a century ago, established a regulatory framework for the control and utilisation of water resources in the country.

One of the key provisions of the Water Law was its focus on managing water pollution. It worked in tandem with Supreme Decree No. 24.176 to regulate the discharge of pollutants and wastewater into controlled water sources. This aspect of the law recognised the importance of maintaining water quality and preventing contamination, which are essential for ensuring safe and sustainable access to water for Bolivia's population.

The Water Law also played a role in organising and structuring the country's water resources management. It established a system for controlling and utilising water, recognising water as a vital resource that needed to be managed effectively. This law was a precursor to more modern legislation and regulatory bodies that continue to shape Bolivia's approach to water resource management.

While the Water Law of 1906 laid the groundwork for water regulation in Bolivia, it was just the beginning of the country's journey towards ensuring water security for its citizens. In the decades that followed, Bolivia continued to face significant challenges in providing universal access to clean water and sanitation, particularly in rural areas. Political and institutional instability, along with the influence of foreign private companies, further complicated these efforts.

However, the Water Law of 1906 remains a significant milestone in Bolivia's water management history. It demonstrated the country's early recognition of the importance of regulating and controlling water resources to protect this vital natural resource and ensure its availability for current and future generations.

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