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Management of the Guarani Aquifer System
a
b
c
Karin E. Kemper , Eduardo Mestre & Luiz Amore
a
IWRA, The World Bank , USA
b
Latin American Network of Basin Organizations , Mexico
c
Guarani Aquifer System Project , Uruguay
Published online: 22 Jan 2009.
To cite this article: Karin E. Kemper , Eduardo Mestre & Luiz Amore (2003) Management of the Guarani Aquifer System, Water
International, 28:2, 185-200, DOI: 10.1080/02508060308691684
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International Water Resources Association
Water International, Volume 28, Number 2, Pages 185–200, June 2003
Management of the Guarani Aquifer System
Moving Towards the Future
Karin E. Kemper, Member IWRA, The World Bank, USA, Eduardo Mestre, Latin
American Network of Basin Organizations, Mexico, and Luiz Amore, General Secretary
of the Guarani Aquifer System Project, Uruguay
Abstract: With an extension of 1.2 million square kilometers, the Guarani Aquifer System is one of
the largest transboundary groundwater systems in the world. It underlies parts of Argentina, Brazil,
Paraguay, and Uruguay and was only relatively recently recognized as a transboundary resource. The
four countries are now in the process of starting up a project to elaborate and implement a common
institutional and technical framework for managing and preserving the Guarani Aquifer System for
current and future generations. This paper briefly presents the Guarani Aquifer System Project. The
preparation process is described due to its particular interest for other similar multi-country endeavors.
Following the presentation of the project, the paper takes a forward-looking approach and analyzes the
applicability of current international law for transboundary groundwater resources in the context of
the Guarani Aquifer System. It concludes that while the basic principles espoused by international law
relating to transboundary groundwater resources management are valid, they do not provide very
specific guidance. The Guarani Aquifer System is unique and its complex features make it an eclectic
case, which already is obliging all stakeholders to work out innovative measures – in the legal, institu-
tional, technical, scientific, social, and economic realms – to develop appropriate activities for its
sustainable management.
Keywords: Groundwater, transboundary, institutional, legal, Guarani Aquifer System.
are equivalent to the total water flow in the Paraná River
Introduction
over more than 125 years. The aquifer system could eas-
The Guarani Aquifer System underlies the area stretch- ily supply water for 360 million people — estimating 300
ing from the central-west region of Brazil into Paraguay liters/day per inhabitant — on a sustainable basis during a
and the southeastern and southern regions of Brazil, into 100-year period, depleting only about 10 percent of the
northeastern Argentina and central and western Uruguay. total freshwater reserves assuming a zero recharge (World
The Guarani Aquifer System has an approximate exten- Bank, 2002). Details of the aquifer are shown in Table 1.
sion of 1.2 million square kilometers, i.e. it is the size of
England, France, and Spain combined (see Map). Almost potential to be considered. In certain regions, water
0 percent underlies Brazil. An estimated 15 million people emerges naturally at temperatures oscillating between 33
The Guarani Aquifer System also has a geothermal
7
o
live within the Aquifer’s region. The total recharge area is and 75 degrees Celsius, with a weighted mean of 43 C.
2
150,000 km . The Aquifer has an average thickness of 250 This potential is being exploited for water supply and tour-
meters, with its maximum thickness exceeding 800 meters, ism, and it could also become an alternative energy source,
while its depth varies from near zero in the Guarani border substituting for non-renewable regional energy use.
outcrop areas (Brazil, Paraguay, and Uruguay) to more
than 1,000 meters below the surface in the central areas had not been recognized as such and the four countries
Argentina, Brazil, and Uruguay. treated parts of it as national entities. In Uruguay and
Until two decades ago, the Guarani Aquifer System
(
The Guarani Aquifer System boasts an estimated av- Argentina it was known as the Tacuarembó Aquifer, in
3
erage recharge of 160 km per year. Furthermore, Paraguay it was named the Misiones Aquifer, and in Bra-
hydrogeological studies estimate that it contains some zil the Botucatu Aquifer. Only a few years ago research-
3
4
0,000 km of freshwater, and 90 percent of this volume is ers in the Region were able to turn the public’s and decision
considered to be potable, although, in some localities salin- makers’ attention to the fact that these actually were part
ity and fluoride may affect potability — less than 10 per- of the same aquifer system with a complex interrelation-
cent of the volume. Guarani Aquifer System water reserves ship yet to be completely unveiled. And eventually, to show
1
85

1
86
K.E. Kemper, E. Mestre, and L. Amore
Map. Source of Map: www.sg-guarani.org.
IWRA, Water International, Volume 28, Number 2, June 2003

Management of the Guarani Aquifer System: Moving Towards the Future
187
Table 1. Main Characteristics of the Guarani Aquifer System
Characteristic
Argentina
Brazil
Paraguay
Uruguay
Aquifer Area (km2)
225,500
839,800
71,700
45,000
Aquifer Area (% of total
country territory)
6
10
18
25
Aquifer Main
Characteristics
Supply source,
possible discharge.
Recharge and
supply area.
Recharge and
supply area.
Recharge and
supply area.
GroundwaterLegal
Framework
An initial National
LawFrameworkon
FederalLawthat
NoNationalLaw
AgeneralLaw
addressesgroundwater; Framework;only
Frameworkassuch,but
thesubject;provincial Statelawsincorporate indirectmentioningof sincetheGuaraniAqui
provisionsareweak groundwaterinlightor waterassuch;water
oromitgroundw ater. modestterms.Sincethe law projectsarebeing supportedlocal/sub-
GuaraniAquiferProject assessed;informalnorms regionallegalattempts
ferprojectstarted,has
startedtheNational
areenforcedbutclearly bymeansofdecreesand
WaterResourcesCouncil needanimproved
hasadoptedsomeground-formal fram ework.
waterspecificacts.
law enforcementactions.
GroundwaterManage- WeakatNational
Needstoaddress
Weak;informalprocesses Needingtoimprove
helpbuteffortsmustbe definitionofrolesamong
madetodefineand participatingagencies
strengthenagroundwater (national-department-
mentFramework
andProvinciallevels; FederalandState
transboundarypoten- attributesandto
tialissuesexistw ith clarifygroundwater
Uruguay.
licensingandprotect- managementpolicyand local),definingclearrules
riskareasfromover- fram ework,withinnew forwaterlicensing,well
draftingandpollution; institutionalarrangements constructionandinter-
heavytransboundary andpossiblyaNational actionwithneighboring
interactionwithParaguay WaterLaw;transbound- ArgentineanProvinces.
andUruguayneeds
specificframework
formanagement.
aryinteraction,especially
w ith Brazilneedstobe
addressed.
ExploitationInterests
PublicAwareness
Low; it is gradually
mountingmodestly
H igh; mostwellsexist Lowtomoderate;most Moderate;itispresently
inBrazil;theGuarani wellsareintheSAGre- beingusedforboth
chargeareaanddonot tourism(geothermal)and
toutilizegeothermal AquiferSystem is a
potentialfortourism. relevantpotablewater directlytaptheconfined forurbanwatersupply.
sourceanditsuseis aquiferbecauseofits Officialinterestinthe
increasingrapidly,even depth;littleknowledgeon SAGmaytriggeran
inriskareas(recharge geothermalpotential
increaseinitsuse.
anddischarge).
andmoderateinterestto
complementurbanwater
supplyneeds.
Low;certainofficial Moderate;certainstates Low;newgovernment Moderate;awarenesshas
officialcircles(Federal haveincreasingknowledgeinstitutionalarrangements raisedrapidlyintourist
andProvincial)are andconcern;indigenous contributeinraising areaswithgeothermal
graduallygettingin- groupsandprivatesector awareness;indigenous exploitatin; watersupply
volved;specialized motivatedtoparticipate; groupsmotivated;educa- industryhighlymotivat-
spheres(i.e.M inistries governmentawarenessat tionalattempsarealready edaswell;government
andINA-National Federallevelaswellasin im p lem entedincertain awarenessisconsiderable.
WaterInstitute)are \someStatesisgrowing. areasintheeasternpor-
steadilyincreasingin
interestandraising
concern.
tionsofParaguay.
ScientificKnowledge
Reducedasaresultof Moderatleyhighand
Moderate;government Moderateandsteadily
scarcelydeveloped
steadilygrow ing, as a
hasconcentratedits
growing,duetoincreas-
aquiferuses;however, consequenceofhigher capacityintwoinstitu- ingaquiferuseand
im portantpotential stakesanduses;govern- tionscloselylinkedto potentiallycompeting
exists at official levels mentagenciesatFederal watersupplyforhuman sectors;government
andacademicsites
andStatelevelsare
needs;newinstitutional institutionsrelatedeither
(
UniversitiesinBuenos increasingcapacities;a arrangementsmayhelp towatersupplyor
AiresandSantaFe) considerablenumberof disseminateknowledge generalwatermanage-
thatshouldbeusedto universitiesinvolvedin andraiseinterest;most ment,haveacquired
their full potential in severalstatessuchas scientific activities are relevantknowledgeand
IWRA, Water International, Volume 28, Number 2, June 2003

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88
K.E. Kemper, E. Mestre, and L. Amore
Table 1. Main Characteristics of the Guarani Aquifer System (Continued)
Characteristic
Argentina
Brazil
Paraguay
Uruguay
improving baseline
knowledge of the
Guarani Aquifer System. Catarina, Mato Grosso
do Sul, and others), have
valuable information,
Parana, Sao Paulo,
Minas Gerais, Santa
developed by Universidad are increasingly endeav
Nacional de Asuncion
and SENASA (National
Sanitation Service,
responsible for rural
water supply).
oring in scientific
activities (i.e. OSE -
National Water Company)
the Universidad de la
Republica is participating
with increasing strength
and diversification of
interests.
analysis, tools, metho-
dologiees and visions
that could be shared
throughout the region.
Exploitation Level
9 deep wells for
geothermal use
Some 500 cities and
townships partially
or entirely supplied by
the Guarani Aquifer
System (70% of use);
industrial uses (25%),
irrigation and recreation
uses (5%).
About 200 wells, mainly
for domestic water supply water supply, 7 of which
and support to marginal
agricultural activities.
135 wells for public
(
mainly tourism).
are for thermal use
(tourism and urban
water supply).
Principal Environmental
Issues
1.Potentially uncon-
trolled drilling and
extraction
1. Point and nonpoint
source pollution
1. Point and nonpoint
source pollution
1. Point and nonpoint
source pollution
2
. Subject to
2. Uncontrolled drilling
and extraction
3. Subject to pollution
2. Uncontrolled drilling
and extraction
3.Subject to pollution
2. Uncontrolled drilling
and extraction.
3. Subject to pollution
pollution from
other countries.
from other countries.
from other countries.
from other countries.
Information Level
Limited information
available, especially
about the western
extent of the system.
Considerable information
available but dispersed
in different states and
institutions.
Limited information
available
Considerable information
available
Source: Adapted from World Bank, 2002.
its unity, it was baptized as the Guarani Aquifer System in (ground-) water management, water supply, and energy
homage to the Guarani indigenous people who used to – policy.
and still do – live in the area (World Bank, 2002).
Despite considerable surface runoff yet to be used,
drinking water supply in this heavily populated
MERCOSUR region increasingly depends on groundwa-
ter. (The MERCOSUR is the “Common Market of the
South,” created by the governments of Argentina, Brazil,
Some Timely Reasons to Develop a Guarani
Aquifer System Project
Groundwater, particularly large, deep aquifers, repre- Paraguay, and Uruguay in 1991. The principal aim is the
sents a strategic reserve for water supply. Groundwater enlargement of their national markets through integration,
generally requires minimum treatment — normally pre- in order to accelerate processes of economic development
ventive disinfection — prior to consumption. Aquifers usu- with social justice.) As in many other places worldwide,
ally boast considerable natural biogeochemical filtering particularly in developing countries, pollution controls are
processes achieving better quality than most water treat- weak and surface water has become increasingly con-
ment methods applied to surface resources. Groundwater taminated. Hence the strategic role of groundwater is clear.
is frequently the most viable and low cost water supply Consequently, water supply problems and health concerns
alternative, especially where domestic and industrial ef- may surge should groundwater be ill managed — with
fluents, solid waste, or contaminated agricultural runoff regard to quantity and quality — affecting sustainable de-
pollute surface water. Consequently, sustainable use, de- velopment. In many areas, as in southern Brazil, urban
velopment and recharge, diligent conservation, and pro- centers rely totally or partially on groundwater sources.
tecting aquifers from pollution, has become a relevant Demands for groundwater are increasing, due to demo-
concern. As an enormous transboundary resource with graphic growth, economic expansion, and increasing pol-
geothermal features, the Guarani Aquifer System simulta- lution of surface water sources.
neously touches upon three sectoral areas: transboundary
Legal and regulatory mechanisms for groundwater
IWRA, Water International, Volume 28, Number 2, June 2003

Management of the Guarani Aquifer System: Moving Towards the Future
189
management are lacking throughout the region underlying one of the largest groundwater systems in the world. Since
the Guarani Aquifer System. In Argentina and Brazil, sub- its preliminary stages, the project has proven to be a mag-
stantial pollution of shallow groundwater resources is oc- nificent opportunity for the countries to harmoniously work
curring, although, due to its considerable average depth, together towards a common objective, addressing one of
the Guarani Aquifer System is not significantly affected. the greatest challenges in integrated water management.
However, in areas where it is close to the land surface
and in recharge areas, overdrafting may already be oc-
curring and pollution hazards degrading water quality. A
Objectives of the Paper
summary of the characteristics of the Guarani Aquifer
System is provided in Table 1.
The objectives of this paper are twofold. First, a brief
presentation of the Guarani Aquifer System Project and,
Undoubtedly, the Guarani Aquifer System is a strate- in particular, its highly complex and participatory four-coun-
gic waterbody for the four countries. Although gradually try preparation process are provided. Given that the project
endangered at local levels, the Guarani Aquifer System is about to move from preparation to implementation, a
can be preserved if adequately protected and managed. specific issue to be tackled will be the explicit goal to de-
Uncontrolled pollution in extraction and recharge areas velop a sustainable management framework for the Gua-
and overdrafting must be successfully solved as a service rani Aquifer System. In this context the applicability of
for present and future generations.
current international law for transboundary groundwater
Therefore, after recognizing the Guarani Aquifer Sys- resources management is of major importance. Therefore,
tem as a shared waterbody the question arose of how to a second objective of the article is to describe the current
sustainably and jointly manage it. As in many developing status of international law and analyze it in the context of
nations, groundwater resources in the region have tradi- the Guarani Aquifer System with the aim of discerning
tionally been subject to a laissez-faire approach rather than implications for its future management. Conclusions are
active integrated management and the Guarani Aquifer drawn as to the coming four years of project implementa-
System was no exception. Furthermore, little experience tion, which will aim at introducing the basis for an institu-
in global groundwater transboundary water management tional, legal, technical, and environmental Guarani Aquifer
exists. On the other hand, lessons learned in many aqui- System management framework.
fers throughout the world indicate that groundwater envi-
ronmental protection and sustainable development have
proven difficult to achieve, even within a single country,
The Guarani Aquifer System Project
whenever appropriate measures are not enforced in a
timely manner.
The Project for the Environmental Protection and Sus-
tainable Development of the Guarani Aquifer System
Therefore, it became quite clear that a specific project (hereafter “Guarani Aquifer System Project”), is to be fi-
to address environmental protection and sustainable de- nanced with a grant from the Global Environment Facility,
velopment of the Guarani Aquifer System could contrib- as well as funds from the four country governments, and
ute in preserving this gigantic transboundary resource for multi- and bilateral agencies as partners. (The GEF is a
current and future generations. The Guarani Aquifer Sys- financial mechanism, created in 1991, that helps develop-
tem offers a valuable opportunity to exploit the advan- ing countries fund programs that protect the global envi-
tages of preventive activity. Such a project would ensure ronment. GEF-funded projects are implemented through
that, with an appropriate legal and institutional integrated its three implementing agencies, i.e., either the World Bank,
transboundary groundwater management framework to the UNDP (United Nations Development Program), or
be elaborated that in the face of increasing scarcity and UNEP (United Nations Environmental Program). The GEF
pollution of surface water sources in the beneficiary coun- has 174 participatiang states.) The project has the long-
tries this resource would subsequently be managed so as term objective to achieve the sustainable, integrated man-
to be available as a strategic reserve for the countries agement and use of the Guarani Aquifer System. A first
when needed in the future. Crucial lessons could be learned step toward achieving this objective is to “support the four
and replicated elsewhere in the region and beyond.
countries in jointly elaborating and implementing a com-
The four countries, championed by the researchers mon institutional and technical framework for managing
and the respective water resources authorities eventually and preserving the Guarani Aquifer System for current
joined forces and decided to develop a project that would and future generations” (World Bank, 2002).
lead to a joint legal, technical, institutional, and environ-
Seven project components are envisaged. The basis
mental integrated management framework for the Gua- and reasons for their selection are explained as follows,
rani Aquifer System. Thus, the Guarani Aquifer System together with some insight on the actual contents of these
project represents an enormous effort to define and imple- components and their relevance. As a uniquely preventive
ment a coordinated shared groundwater management undertaking, the project will become a formidable testing
framework among Argentina, Brazil, Paraguay, and Uru- ground for specific groundwater management tools and
guay to environmentally protect and sustainably develop should provide answers to many demands derived from
IWRA, Water International, Volume 28, Number 2, June 2003

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K.E. Kemper, E. Mestre, and L. Amore
scientists, subsectoral water users and society.
cerns and visions with regard to the need for joint man-
agement of the aquifer system (Montaño et al., 1998).
Project Background
Managing an aquifer for a single community and a The Project Is Born
single water use, even with several users, is not an easy
Scientists from universities in the four countries who
task. International experience shows that whenever sev- had been working together for a number of years increased
eral communities participate and several water uses and their communication, exchanged visions and knowledge,
users’ interests are at stake, a number of factors endan- and began looking for further support to undertake a huge
ger the sustainability and healthy development of a ground- transboundary project to learn more about the Guarani
water body. These includes the complexity of interactions Aquifer System. In parallel, public servants related to water
and the aggregated effects on groundwater levels and management, including those directly related to water utili-
pollution, as well as policy weakness, inadequate institu- ties as well as some other relevant water uses, became
tional arrangements and overall operating framework, gradually aware on one hand of the aquifer’s potential but
scarce public awareness and insufficient baseline knowl- on the other hand, of the potential risks unless a regulatory
edge on the aquifer’s features and behavior, endangering management framework was agreed upon by users and
the sustainability and healthy development of a groundwa- countries. Lobbying was used to draw the attention of in-
ter body (Kemper, Forthcoming 2003). If groundwater is ternational agencies, especially the GEF, World Bank, and
naturally scarce or if its availability suffers as a result of the Organization of American States (OAS). Eventually
excessive overdraft, then water stress is under way and in 1999, they succeeded in their attempts. Scientists, gov-
conflicts arise as governance falters. Finally, if groundwa- ernment officials, and international agencies joined efforts,
ter is of a transboundary nature, then its management be- in a participatory process, first to assess the amount of
comes even more complex, especially when disputes information and knowledge in order to dimension the tasks
among water users of neighboring countries have already ahead, and later to orient possible activities so that a clear
appeared fostering claims among nations.
objective could be defined, activities designed, and stake-
The Guarani Aquifer System is in many aspects a holder roles clarified.
unique waterbody. Annual availability and recharge are
The World Bank had a relevant role from the begin-
considerable while overall water uses are rather modest ning facilitating trips, meetings, workshops, making experts
in comparison. With a wide range of interested and com- available for specific tasks, providing visions and experi-
mitted stakeholders involved, present conditions are fa- ence derived from other projects, helping define objec-
vorable to set up a solid, coordinated transboundary tives, scope, and perspectives for a joint project, and helping
groundwater management framework that can anticipate obtain financial support from other agencies and, impor-
and prevent future conflicts among uses and users, as well tantly, project development funding from the GEF. The
as among the countries that share this invaluable asset. OAS, with important experience in GEF transboundary
While all parties agree that this framework should be as water projects in Latin America and a tradition of promot-
light as possible, it nevertheless cannot escape a certain ing integrated water resources management initiatives in
complexity. Should such a framework be successful in the region, was put in charge by the countries to coordi-
contents, implementation and results, a clear message could nate the preparation phase of the new project. With rel-
be sent worldwide that attaining sustainability and inte- evant stakeholders directly participating, a work agenda
grated (ground)water management is possible in a was agreed and possible objectives for a future project
transboundary context.
were debated until a single objective was chosen. A project
concept note was approved by consensus in 1999 and a
sequence of steps to be followed towards successful
The Starting Spark
For many years different subsystems of the Guarani project formulation was defined. (For further information
Aquifer System were studied, although deep overall knowl- about the chronology of the project, see the Guarani Aqui-
edge has only been attained in specific locations as a re- fer System website at www.sg-guarani.org.)
sponse to water needs. While scientists addressed different
parts of the Guarani Aquifer System, boreholes have been Main Characteristics and Issues to be Addressed
drilled in many locations. It is estimated that presently the by the Project
number of operating deep wells easily exceeds 1,000, most
The Guarani Aquifer System Project is not a scientific
of them located in Brazil and dedicated to domestic and project but rather a water management framework project
urban uses. A practical knowledge base has been built up where environmental concerns are comprised, especially
although potential mistakes could ruin portions of the aqui- those with transboundary repercussions. During the prepa-
fer if design, construction, and operation of deep-water ration phase, the following main issues and problems were
wells are not carried out appropriately, given the geologi- identified, and origins and potential impacts were assessed,
cal conditions of strata that confine the water body. Hence, and the results provided the basis for the formulation of
both scientists and practitioners developed increasing con- the project itself:
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Management of the Guarani Aquifer System: Moving Towards the Future
191
•
•
Main physical problems (existing or potential) were
identified as local overdrafting, including border areas,
and local aquifer pollution.
Main scientific – technical issues included insufficient
baseline knowledge on characteristics and behavior of
the Guarani Aquifer System; little and dispersed knowl-
edge on water uses and users; considerable informa-
tion gaps due to insufficient, low quality, fragmented
overall coordinated transboundary groundwater man-
agement framework for the Guarani Aquifer System.
• Geothermal potential of the Guarani Aquifer System,
which is considerable, offers development possibilities
for domestic, industrial, and power generation purposes
in some areas.
The four-year project that evolved based on prepara-
and dispersed data, as well as improper dissemination tion activities thus is not of a structural nature. It provides
of information; no enforced rules for well design, con- the technical knowledge and institutional basis for aquifer
struction, and operation; and weak supervision and regu- management. With its preventive perspective, the project
latory capacity across the board.
is rather unique since it aims to prepare the ground for risk
•
Main management problem include a lack of ground- reduction, considering aquifer vulnerability in quantity and
water policy and development strategies as well as in- quality in management planning and actions.
adequate operating rules and decision making regarding
groundwater; inadequate legal framework for ground- Agreement on Institutional Arrangements and
water management per se as well as no experience in Gradual Creation of Processes
dealing with transboundary aquifers by means of agree-
To carry on the project, under a participatory process,
ments, treaties, and legislation, although experience institutional arrangements were defined and an operative
exists in dealing with surface waters on a plan discussed. As the highest project body, representa-
transboundary basis; institutional gaps with regard to tives of the Ministries/Secretariats of Foreign Affairs,
achieving a comprehensive and integrated groundwa- Water Resources and the Environment of Argentina, Bra-
ter management scheme at a regional level in contrast zil, Paraguay, and Uruguay integrated the Project Prepa-
to better institutional approaches for transboundary ration Superior Council (PPSC) together with
runoff; diverging positions from national/ federal stand- representatives of the World Bank, Organization of Ameri-
points as to the essence of water authority and the can States (OAS), and a General Secretary (The Project
required levels of involvement and responsibility, in Preparation Secretariat was located in Montevideo, with
contrast to provincial/state visions in Argentina and the General Secretary and two full-time technical staff).
Brazil; the need to provide solutions to identify or de- The PPSC met either via videoconference – a medium
fine appropriate authorities to carry out groundwater that proved to be very productive to reduce costs and trav-
management of a transboundary water body; unclear eling and to keep discussions focused – or in special ses-
or non existing rules to allocate and license water for sions taking advantage of workshops and meetings
its users.
organized by the General Secretariat to maintain strong
•
•
Main social issues included little public awareness re- communication links and obtaining feedback. Relevant
garding the Guarani Aquifer System; insufficient pub- project decisions were made by the PPSC, while coordi-
lic participation in groundwater management; a lack of nating efforts as well as administrative and operational
incentives to foster a groundwater culture throughout aspects were solved by the OAS which in turn relied on
the region; and weak communication channels to make the Project Preparation Secretariat. The World Bank played
information available to society at large.
an overall coordinating and facilitating role, and was re-
Levels of expertise and proficiency included sufficient sponsible for project preparation results vis-à-vis the GEF.
capacity in the region to cope with most issues and Each country created a National Project Preparation Unit
challenges related to accomplishing the project’s ob- (NPPU), with key representatives consisting mostly of
jectives. However, there is a need to utilize specific government officials and scientists.
expertise from beyond the region, for various topics
From the beginning, a participatory process accompa-
such as: legal framework approaches in very practical nied the preparation phase. Multilateral coordination ef-
terms for (transboundary) groundwater management, forts among key stakeholders took place, mostly through
institutional development, and arrangements; conflict the NPPUs to define activities, to agree on consultants
assessment and socio-political risk assessment; facili- for specific tasks, to accompany on-going activities, and
tation, mediation, and negotiation support to prepare a to provide feedback during the preparation phase. Peri-
joint coordinated transboundary water management odical meetings were held, under the auspices of the
framework.
Project Secretariat as well as the NPPUs, to debate spe-
•
Pilot Areas were needed due to the nature of issues cific topics, review documents, identify issues and pos-
just mentioned, which suggested the necessity to se- sible solutions, test processes and improve interaction and
lect and implement appropriate pilot projects that ad- cooperation among stakeholders.
dress specific problems in so-called Hot Spots whose
A wide array of stakeholders was incorporated during
mitigation or solution could contribute to defining the the preparation phase. Scientists, lawyers, water users,
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K.E. Kemper, E. Mestre, and L. Amore
school teachers, college students, indigenous groups, pri- ergy to communities within the region. These components
vate sector entrepreneurs with a wide array of interests, are the following:
well drilling companies, water utilities, NGOs, as well as
public servants, contributed in enriching project prepara- • Expansion and consolidation of the current scientific
tion. International expertise, some of it provided by inter-
national agencies like the Food and Agriculture
Organization (FAO), the UN Economic Commission for
Latin American and the Caribbean (ECLAC), the Inter-
and technical knowledge base of the Guarani Aquifer
System. The objective is to synthesize, analyze, and
expand the existing knowledge base related to the Gua-
rani Aquifer System in the four countries.
national Atomic Energy Agency, Organization of Ameri- • Joint development and implementation of the Guarani
can States (OAS), and the World Bank was crucial during
the preparation phase, especially for groundwater specific
topics, legal assessment on international agreements on
several water bodies, isotope methodology to improve sci-
entific knowledge of the Guarani Aquifer System, inte-
grated basin management, geothermal potential,
environmental protection, and institutional arrangements.
Furthermore, an interesting array of possible partnerships
was gradually augmented and strengthened.
Aquifer System Management Framework. This com-
ponent is core of the project, with other components
feeding into it. Its objective is to develop a framework
for the coordinated management (technical, institutional,
financial, legal, and social) of the Guarani Aquifer Sys-
tem, considering sustainable integrated development,
its problems and potential, and environmental protec-
tion concerns. It includes the development of a Strate-
gic Action Program providing the content and directions
for action after the four-year period of the present
project.
Such participatory processes have yielded one of the
most valuable experiences derived from the preparation
phase. Individuals from different backgrounds, interests, • Public and stakeholder participation, education, and
sectors, and countries met, relevant issues were agreed,
procedures were debated, and strong linkages were born
and strengthened, specifically between institutions and
scientists of different countries.
communication. This objective is to promote, support,
and enrich public participation and involvement, and to
foster environmental and water education, social com-
munication, and the dissemination of knowledge on the
project, the Guarani Aquifer System, and its manage-
ment and conservation, within stakeholder communi-
ties. It includes strategies, programs, and actions, as
well as support for the pilot projects in the identified
Hot Spots to be conducted under Component
The Design of Project Components to Respond to
Issues and Problems Detected
To respond to issues and problems detected during
the preparation phase, the project comprises seven inter-
related components designed to quantify the state of the • Project monitoring and evaluation, and dissemination
aquifer system in terms of its morphology and behavior, its
use and conservation, it relationships to communities, in-
stitutions, and water management instruments, and its plan-
ning and organizational needs for improving coordinated
and integrated groundwater management. This knowledge
is designed to provide a scientifically sound and well-docu-
mented base for establishing a framework for the coordi-
nated and consensual management of the Guarani Aquifer
System, capable of appropriately addressing environmen-
tal protection, and integrated and sustainable development
of project results. The objective of this component is
to create and implement a system for recording and
analyzing the progress achieved during the project pe-
riod. This system will allow early detection of potential
problems, and provide feedback to the participants on
the experiences gained and lessons learned. This com-
ponent will include the dissemination of information,
results, and lessons learned for possible replication un-
der similar conditions and circumstances elsewhere in
the Guarani Aquifer System region.
of the aquifer, as key factors toward succeeding in the • Development of management and mitigation measures
project’s objectives. Certain project components will iden-
tify and test key management elements (including poli-
cies, mechanisms, and instruments) to facilitate the
sustainable and coordinated management of the aquifer
system. The resulting integrated groundwater management
framework will provide the means to mitigate and/or re-
solve the most pressing transboundary environmental prob-
lems that threaten the aquifer, mostly derived either from
pollution or local overdrafting. In addition, this framework
will provide a means to address local groundwater use
conflicts, especially those related to water pollution and
overexploitation to provide a long-term strategy for risk
mitigation, conflict prevention and solution as well as to
assess its potential in providing “clean” geothermal en-
within identified “Hot Spots.” This component aims to
to design, apply, and evaluate the costs and feasibility
of good management practices at specific sites within
the Guarani Aquifer System region. Appropriate man-
agement and mitigation measures to address specific
threats facing the sustainable utilization of the Guarani
Aquifer System will be developed for demonstration
purposes. Dissemination of information on successful
management and mitigation measures will help spur
concrete actions in threatened areas or with existing
or emerging conflicts, especially in border areas. The
pilot projects will focus on preventing and mitigating
specific point and nonpoint sources of pollution, as well
as overdrafting in critical recharge and discharge ar-
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Management of the Guarani Aquifer System: Moving Towards the Future
193
Definition of an Agenda of
4 basic activites to becarried
out during preparation phase
Strategies to develop a final
Project: seven components
Are ready
1
International Experience with Transboundary
Aquifer Management and Applications for the
Guarani Aquifer System Project
Preparation
Phase
Basis for the StrategicAction
Program is ready
Consulting Activities carried out
within the work Agenda
Information/documentation
systemsare prepared
In the development of a shared framework for the
management of the Guarani Aquifer System, it is natural
to look at international experience for guidance and inspi-
ration. As will become clear in this section, however, there
is no internationally-acknowledged legal framework for
transboundary groundwater management. While this may
constitute an obstacle, it also is an opportunity for the four
countries involved to find their own ways and for this en-
deavor to be a guiding experience for future projects in
other regions.
Activities developed by SPPC and
the General Secretariat
Guarani
Aquifer
System
Project
Project experience and lessons
learned are documented
Activities developed by NPPUs
A network of stakeholders
(government, water users,
society and external experts)
is now available
Activies and plural
Stakeholders participation
Continuous support by
World Bank and OAS
Videoconferences,
Workshops,
SPPC Sessions
Preparation Phase documents are
Integrated, debated, and approved
Other external participants
and partners
One of the reasons for the absence of an international
framework for transboundary groundwater is that, by its
very nature, groundwater generally is invisible.
Hydrogeological research on the extent of aquifers, quan-
tity and quality of the groundwater, and recharge mecha-
nisms is usually costly to undertake. As long as groundwater
was perceived as abundant, it was thus convenient not to
deal with problems like pollution or sharing of groundwa-
ter resources, either within or between countries. In many
cases, the fact that the same aquifer was underlying two
or more different countries was simply ignored. However,
from the recent literature, it seems that this attitude has
been changing over the past twenty years. While in 1981
Caponera and Alhéritière pointed out that “ the special
case of international groundwater resources has not re-
ceived a full share of legal investigation (and) most re-
search has been directed to surface water resources,”
since then transboundary groundwater resources have
slowly entered the international agenda, as exemplified by
the Bellagio Draft Treaty, the ECE Convention and the
United Nations Convention of the Non-Navigational Uses
of International Watercourses of 1997 (the “UN Water-
courses Convention”).
Figure 1. Project evolution during the preparation phase.
eas, or in confined areas of the aquifer with high con-
centration of uses and users.
•
Assessment of Geothermal Energy Potential. Themain
task is to evaluate the Guarani Aquifer System’s geo-
thermal potential in scientific, technical, economic, fi-
nancial, and environmental terms. The aquifer’s thermal
waters are currently being exploited on a limited basis
for thermal tourism, primarily in Uruguay and, to a lesser
degree, in Argentina.
•
Project coordination and management. Here the ob-
jective is to provide organizational and administrative
support to the project and to supply an agreed frame-
work within which the institutional arrangements and
agreements to sustainably manage the Guarani Aqui-
fer System can be completed (World Bank, 2002).
In addition to the project’s components, institutional
arrangements for its implementation have been designed
based on the rich participatory experience gained during
the preparation phase. The aim is to support all efforts in a
coordinated manner so that countries may become the
steering forces for the project, a desirable and necessary
goal for a sustainable process. Figure 1 summarizes the
preparation experience and its outcomes up to date.
With the project having started in May 2003, the coun-
tries and other involved stakeholders are now looking for-
ward to the next steps to be taken. One crucial issue to be
tackled is the development of a joint management frame-
work for this transboundary resource. To develop the ap-
propriate management and institutional tools, the legal
ramifications also need to be defined. The second part of
the paper focuses on these by adopting a forward-looking
approach and examining the international experience with
transboundary aquifer management and analyzing its rel-
evance and applicability in the context of the Guarani Aqui-
fer System.
Before proceeding to a discussion of the international
legal regime applicable to the management of transbound-
ary groundwater resources, a short overview of defini-
tions is given and the principal problems concerning quality
and quantity are discussed.
Definition of Transboundary Groundwater Resources
According to FAO (1986), an “aquifer is any geologi-
cal formation which in addition to absorbing water also
carries out the functions of storage and transmission. All
aquifers have an impermeable or semi-permeable base
layers.” Depending on the consistency of the base and
top layer, the aquifer is confined, free, or semi-confined.
Groundwater can also be found in other geological forma-
tions, called aquitards, but these usually transmit only small
amounts of water and cannot be exploited.
Four main cases in which groundwater constitutes a
transboundary resource can be distinguished (FAO, 1986).
In each case, the implications of water use by one country
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K.E. Kemper, E. Mestre, and L. Amore
for the water use by the other country vary, as illustrated tina. This would correspond to Case 1. At the same time,
below.
however, the Guarani Aquifer System also encompasses
Case 4, i.e., the aquifer itself is found for instance in Uru-
•
A confined aquifer is intersected by an international guay, but recharge areas are in Paraguay and Brazil. It is
boundary: Any use of the aquifer’s water may affect estimated that 90 percent of the Guarani Aquifer System
the resource of both states. (A confined aquifer is sepa- is confined and 10 percent free, mainly constituting its di-
rated from other aquifers and the land surface by a rect recharge area (Campos, 2000).
confining layer, such as clay or silt-sized sediment or a
The following section highlights the main problems that
tightly cemented rock. The confining layer inhibits the arise from the exploitation of transboundary groundwater
vertical movement of water into or out of the aquifer.) resources.
An aquifer is situated entirely within the territory of
•
one state, but is hydraulically linked with an interna- Pollution and Overexploitation of Groundwater
tional river: If the river is effluent, i.e. the aquifer re- Resources
charges the river, changes in use of the aquifer may
The principal problems encountered regarding the
have an impact on the river. If the river is influent, use management of transboundary water resources relate to
of the water in the river may alter the hydrological pollution and overexploitation. Pollution of groundwater,
regime of the aquifer.
for instance caused by discharges of phosphorus and ni-
•
•
An aquifer lies wholly within the territory of a single trogenous compounds, untreated or insufficiently treated
state and is linked hydraulically with another aquifer in municipal sewage, chemical pollution from industries and
a neighboring state: Intensified withdrawals from one agriculture, seepage from landfills, and atmospheric depo-
aquifer may decrease the water in both aquifers or sitions has become an increasing problem, especially in
can even reverse the direction of flow from one aqui- industrialized and newly industrialized countries. Ground-
fer to the other.
water pollution negatively affects the usability of the re-
An aquifer is located entirely within the territory of source and renders it scarce for a number, or even all,
one state, but has its recharge zone in another state: uses. In the case of transboundary aquifers, a country can
Changes in use affecting the recharge zone may have significantly harm its neighbor in economic and in social
an impact on water availability and quality in the aqui- terms by polluting the joint water source.
fer.
Groundwater resources in arid and semi-arid regions,
where many developing countries are situated, are also
Transboundary aquifers can be found in all parts of subject to pollution problems, but these are compounded
the world. In addition to the Guarani Aquifer System, one by the threats of quantitative overexploitation. Because of
of the prominent examples of transboundary groundwaters the low incidence of precipitation, a number of countries
is the Northern Sahara Aquifer System stretching in an rely heavily on groundwater resources for their domestic,
2
area of roughly 1 million km between Algeria, Libya, and irrigation and industrial water use. In many cases, the
Tunisia. In Europe the aquifer of the Upper Rhine plain aquifer’s recharge rate is not known which renders it dif-
3
underlies France and Germany, with some 300,000 m of ficult to exactly determine how much water can safely be
freshwater. A large aquifer underlies Libya, Egypt, Chad, withdrawn without threatening future water availability.
and Sudan. On the Arabian Pensinsula, aquifers are shared Therefore, some aquifers are in the process of being se-
by Saudi Arabia, Bahrain, and possibly by Qatar and the verely stressed, with resulting major drops in water levels
United Arab Emirates. Several aquifers are shared by towards depletion.
Mexico and the US, some of them in critical areas where
water is very scarce and feasibly alternative sources are overexploitation and pollution, can lead to conflict between
mostly absent. countries or, as pointed out by Benvenisti (2002) “as de-
Increasing scarcity of groundwater resources, due to
The interrelationship between groundwater resources mands for freshwater and the environment intensify and
that underlie different states leads to a certain dependence diversify and supplies dwindle, interdependency becomes
in their use. The dependence may be mutual, as for ex- greater,” providing the basis for more interest to develop
ample in Case 1 above where both states share the same cooperative approaches to transboundary water resources
aquifer, but it may also be one-sided as in Case 4 where managment. (The benefits that can be derived from coop-
the state that has the aquifer depends on the decisions and eration on international rivers are also analyzed in detail in
actions of the other state where the recharge zone is situ- Sadoff and Grey (2002). Although the paper focuses on
ated.
rivers and not on groundwater, the general framework put
One could argue that the Guarani Aquifer System cor- forward in the paper can be equally valid with regard to
responds to both Cases 1 and 4. Due to the fact that it is a groundwater resources.)
large system, and not only one homogenous body, parts of
In the case of the Guarani Aquifer System, both po-
it can be designated as confined, such as its very deep tential overexploitation and pollution occur locally. It does
areas on the border of northwestern Uruguay and Argen- occur within countries, e.g. in the state of São Paulo in
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Management of the Guarani Aquifer System: Moving Towards the Future
195
Brazil, where effects remain local and regional (one of the absence of bilateral or multilateral agreements, Mem-
the groundwater management pilots of the Guarani Aqui- ber States continue to apply generally accepted principles
fer Project is situated in this area), or on the border be- of international law in the use, development and manage-
tween countries. A potential Hot Spot for cross-border ment of shared water resources” (Barberis, 1991). It might
pollution are the twin towns of Rivera and Santana on the be expected that the Freshwater Chapter in Agenda 21,
Uruguay/Brazil border. Again, it becomes clear that – due which was elaborated 15 years after the Mar del Plata
to the size of the aquifer system – measures to be devel- Conference, was more specific about international norms
oped would have to make the distinction between national- for shared water resources, but instead it restricts itself to
level impacts and transboundary impacts of aquifer use calling for activities concerning the “Development of na-
and management. This also implies that any institutional tional and international legal instruments that may be re-
framework would have to take into account the principle quired to protect the quality of water resources, as
of subsidiarity in managing the resource, i.e. to put man- appropriate, particularly for: (1) Monitoring and control of
agement at the lowest appropriate level, as expressed in pollution and its effects in national and transboundary
Agenda 21 (UNCED, 1992).
water; (2) Control of long-range atmospheric transport of
The following section will present and discuss the in- pollutants; and (3) Control of accidental and/or deliberate
ternational legal regime that has developed with regard to spills in national and/or transboundary water bodies,” indi-
the joint management of transboundary groundwater re- cating that while there is a need for more legal instru-
sources and conflict resolution.
ments, these have not been developed yet (UNCED, 1992).
Interestingly, Agenda 21 omits reference to the quantita-
tive aspects of shared (ground)water resources. It is lim-
ited to the rather general call for cooperation “in the
The International Legal Regime of Transboundary
Groundwater Resources
International Law recognizes three main sources of assessment of transboundary water resources, subject to
rules: general or specialized international conventions, in- the prior agreement of each riparian State concerned.”
ternational custom, and international judicial decisions and
This indicates that customary law as invoked in the
teachings of highly qualified experts. A new source gain- Mar del Plata document remains the dominant source of
ing importance are the texts issued by international orga- legal norms concerning transboundary water resources,
nizations, e.g. the Organization for Economic Cooperation both for surface and for groundwater. As mentioned by
and Development (OECD) and the International Union Dellapenna (1999), however, “In contrast to the consider-
for the Conservation of Nature (IUCN), and conferences, able state practice regarding the sharing of surface water
such as Stockholm (1972), Mar del Plata (1977), and Rio sources, there has been remarkably little state practice
(
1992).
regarding the sharing of underground source of water.”
In the case of transboundary groundwater resources Dellapenna proceeds to point out that this is mainly due to
all of these sources come into play. There is no conven- the fact that only after World War II vertical turbine pumps
tion specifically regarding transboundary groundwater re- became common, facilitating the major development of
sources. However, a number of treaties, although not many, groundwater sources that has been experienced world-
exist concerning transboundary groundwaters. The trea- wide in the past 50 years and contributing to transboundary
ties and those conventions dealing with water resources disputes.
in a comprehensive manner provide one foundation of the
international legal regime.
Thus, there is a need to look at customary law for
transboundary water resources in general, rather than
The other source consists of costumary international groundwater in particular. Barberis (1991) lists three prin-
law derived from state practice and declarations of inter- ciples derived from customary law: (1) obligation not to
national bodies like the UN General Assembly as well as cause appreciable harm; (2) equitable and reasonable use;
international conferences.
and (3) prior notice obligation and the duty to negotiate.
Finally, highly respected professional organizations such These principles are derived, inter alia, from the recom-
as the International Law Association and the International mendations of the World Water Conference in Mar del
Law Commission of the United Nations have made at- Plata in 1977, Resolution 2995 (XXVII) of the United
tempts to set forth principles and to codify international Nations General Assembly, and the Helsinki Rules (1966).
custom. In the following, the rules derived from these
three sources are discussed.
A critical view with regard to the actual application of
these norms is taken by Nollkaemper (1993), who points
out that although a number of authors want to consider
the above principles as customary norms, one decisive con-
International Custom
An important feature of international law concerning dition for their categorization as such is state practice. In
transboundary groundwater resources is that it primarily relation to pollution of transboundary groundwater re-
consists of customary law applicable also to other shared sources, actual practice of at least one of these norms,
natural resources (Barberis, 1991). As stated by the 1977 namely the principle not to cause appreciable harm, has
United Nations Water Conference in Mar del Plata, “In been weak. In his opinion, the surge of a number of trea-
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K.E. Kemper, E. Mestre, and L. Amore
ties and conventions in the past decades may be due not and Switzerland, determining the joint use of the Trevigno
so much to the wish to codify customary law but to fill a fountain by the farmers of both States.
gap in international law. In this context, he notes that the
Well-known examples of bilateral conventions with
inclusion of general obligations in treaties “implies that the regard to specific aquifers are those concerning the ground-
lawfulness of transboundary water pollution that is cov- water between Mexico and the United States, as well as
ered by one of these treaties, even when no more specific the Genevois water table between France and Switzer-
obligations apply is determined by these treaty obligations, land. Both conventions contain stipulations concerning
rather than by any obligations under general international water use and protection and are designed to avoid creat-
law. Whereas this may appear as common sense, it stands ing harmful effects to the neighboring state (Barberis,
in marked contrast to the overriding importance usually 1991). In the first case, sustainability of aquifers underly-
attached to general principles of law or custom as a basis ing arid and semiarid zones is a growing concern.
for general obligations of prevention.” (Nollkaemper, 1993)
A more recent development is the United Nations
Also Caponera (1987) comments the legal weakness Economic Commission for Europe (ECE)Convention on
of these principles, but points out that they “do limit other the Protection and Use of Transboundary Watercourses
principles on sovereignty. In particular, they mark the re- and International Lakes. As mentioned above, the term
jection of the principle of absolute territorial sovereignty watercourse includes groundwater resources. The con-
whereby a state has the exclusive and unlimited right to vention was adopted in Helsinki on March 17, 1992 and
utilize and dispose of international waters flowing through entered into force on October 6, 1996. In Europe, where
its territory” (Caponera, 1987). The principles also pro- the deterioration of transboundary water resources has
vide normative guidelines for states in the elaboration of reached dramatic proportions, more than 100 conventions,
treaties and conventions.
treaties, and other arrangements have been concluded over
An important aspect of the international norms con- the past two decades to prevent the deterioration of water
cerning transboundary water resources is that they in gen- quality and to ensure reasonable and equitable use and
eral do not specifically mention groundwater, and in several joint conservation of transboundary waters. The Conven-
occasions it becomes clear that they are intentionally or tion on the Protection and Use of Transboundary Wa-
accidentally overlooked (Dellapenna, 1999). While in ter Courses and International Lakes is the outcome of
former times groundwater resources were ignored due to this long process of concluding more limited agreements.
inadequate knowledge of the hydrological cycle (Barberis, The Convention explicitly aims to strengthen national and
1
991), the recognition of the interrelationship between international measures for the protection and ecologically
groundwater and surface water currently leads to the in- sound management of both transboundary groundwaters
corporation of both resources into comprehensive concepts and surface water. To this end, the parties to the conven-
such as the drainage basin (ILA, 1966) or the watercourse tion will have to introduce national measures, e.g. con-
(
ILC, 1991; UN Convention, 1997). The Helsinki Rules cerning emission limits for discharges from point sources
define an international drainage basin as “a geographical and adoption of water quality criteria. Those “parties bor-
area extending over two or more States determined by the dering the same transboundary waters will have to enter
watershed limits of the system of waters, including sur- into bilateral or multilateral agreements, or adapt existing
face and underground waters, flowing into a common ter- ones, in order to define their mutual relations and conduct
minus.” In the UN Watercourses Convention,watercourses regarding the prevention, control and reduction of
are defined as systems of “surface waters and groundwaters transboundary impacts” (Secretariat of the United Na-
constituting by virtue of their physicalrelationship a unitary tions Commission for Europe, 1994). As of December 2002,
whole and normally flowing into a common terminus.” In the Convention had been ratified by 31 ECE countries
the literature, diverging opinions exist about the appropri- (Albania, Austria, Azerbaidjan, Belgium, Croatia, Czech
ateness of each term. Some authors argue that the term Republic, Denmark, Estonia, Finland, France, Germany,
watercourse as used by the ILC and the UN Convention Greece, Hungary, Italy, Kazakhstan, Latvia, Liechtenstein,
evokes the image of a stream, thus de-emphasizing ground- Lithuania, Luxemburg, The Netherlands, Norway, Poland,
water as compared to the more comprehensive term drain- Portugal, Moldova, Romania, Russian Federation, Slovakia,
age basin. As will be discussed in the following section, a Spain, Sweden, Switzerland, and Ukraine), and by the Eu-
number of treaties and conventions between individual ropean Union. Due to the large number of parties to the
states specifically concern groundwater.
convention, it constitutes a significant step forward in the
creation of binding international legal norms for the man-
agement of transboundary groundwater resources.
Another recent international agreement regarding
Treaties and Conventions
Other sources that help define the legal regime con-
cerning transboundary groundwater resources originate in transboundary water resources is the previously mentioned
bilateral and multilateral treaties and conventions. Some United Nations Convention on the Law of the Non-Navi-
bilateral treaties concerning shared groundwater use go gational Uses of International Watercourses, which was
back to the last century, e.g. the 1861 treaty between Italy adopted in 1997, with an interesting potential but has not
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Management of the Guarani Aquifer System: Moving Towards the Future
197
been ratified by a sufficient number of countries to go into Draft (Rodgers and Utton, 1987). Given the weakness of
effect. The convention explicitly includes transboundary existing legal and institutional arrangements for managing
groundwater resources – except those in confined aqui- transboundary groundwater resources, the goal of the
fers. As stated by McCaffrey (1999), therefore “the prin- Bellagio draft treaty, elaborated in Bellagio, Italy, is to pro-
ciples of equitable utilization, prevention of significant harm, vide countries facing the need to conclude bilateral or
prior notification concerning planned measures, and pro- multilateral agreements with a model treaty to be adapted
tection of aquatic ecosystems, in addition to the other pro- to their specific needs. The draft treaty’s objective “is to
visions of the UN Watercourses Convention, all apply to achieve joint, optimum utilization of the available waters,
ground- and surface waters alike. Their application to aqui- facilitated by procedures for avoidance or resolution of
fers may in some respects be more difficult as a practical differences over shared groundwaters in the face of the
matter, given that the influences of human activity on ever increasing pressures on this priceless resource”
groundwater are generally more subtle and may take more (Hayton and Utton, 1989). An interesting feature of the
time to manifest themselves than is true of surface water. Bellagio draft treaty, apart from its deliberate limitation to
But difficulty of practical implementation in no way af- groundwater resources, is the emphasis on quantitative
fects the applicability of the principles and rules of the UN management. It reflects the authors’ consciousness of
Convention as a matter of law.”
possible water crises due to overdraft and depletion of
Thus, with regard to the Guarani Aquifer System, the aquifers in the arid regions of the world. While this may
interesting situation arises that in one sense it would be only address one issue with relation to the Guarani Aqui-
covered by the principles of the UN Convention, but in the fer System, given that it is by far more complex, present-
sense that parts of it can be described as confined, it would ing challenges of local overdraft in the face of overall
neither be covered by the UN Convention nor other inter- abundance, rather than a general picture of scarcity, the
national framework agreements. This characterizes the Bellagio Draft Treaty presents two perhaps more inter-
Guarani Aquifer System as a unique case, which needs – esting concepts in the Guarani context. As pointed out by
even more so than other cases of transboundary DuMars (unpublished), these concepts consist of: (1) fo-
groundwaters – to draw from a wide variety of resources cusing administration on critical zones due to overdraft or
in order to define a legal and institutional framework con- pollution, rather than to regulation of the entire aquifer
sidered appropriate by the four countries. One such fur- (system); (2) leaving the actual implementation of any
ther source could be the Resolution of the International measure to those responsible for internal adminstration in
Law Commission that dealt with confined groundwater.
each country while control would be carried out by (the)
multilateral staff; and (3) any joint agency would have only
limited discretion, but a commission would take most of
the initiatives.
Respected Professional Organizations and
Recognized Experts
As pointed out previously, a source of international
The first two concepts in particular should provide food
norms are the works and teachings of respected profes- for thought, given the size of the Guarani Aquifer System,
sional organizations and experts in the respective field. which makes it virtually impossible to contemplate its full-
Most important in the present context are the Helsinki scale administration, especially if it was to be carried out
Rules, adopted by the International Law Association (ILA) by staff in a joint Secretariat/Agency. The design of the
in 1966, and the International Law Commission’s Draft Guarani Aquifer System Project already does take into
Principles on the Law of the Non-Navigational Uses of account the necessity to decentralize in the design of moni-
International Watercourses from 1991, which strongly in- toring responsibilities, participation, and in focusing on Hot
formed the UN Convention of 1997. Given, however, that Spots where current problems are found.
the UN Convention did not deal with the case of confined
aquifers, the ILC issued a separate “Resolution on Con- The Process towards a Shared Framework for
fined Transboundary Groundwater,” which recommends Guarani Aquifer Management
States to be guided by the UN Convention’s guiding prin-
ciples (McCaffrey, 1999).
The previous sections have clearly highlighted the
patchy international legal framework for transboundary
For the Guarani Aquifer System this would thus imply groundwater resources. Or, as stated by McCaffrey (1999)
that the closest decision makers could come to receiving “On the basis of the available evidence of state practice
guidance from the international legal frameworks would as well as recent codification and the 1997 UN Conven-
be from the UN Water Courses Convention as well as tion, it may be concluded that the law in this field has only
from the ILC’s Resolution.
progressed to the point that the general principles and rules
An important source of legal knowledge often cited is governing the non-navigational uses of internationally
also the Bellagio Draft Treaty. It was developed by a shared surface water are applied to internationally shared
multidisciplinary group of specialists and was based on groundwater resources as well, regardless of their form.
the draft treaty elaborated by the U.S-Mexico Trans- As such, the law of international groundwater may only
boundary Resources Study Group, the so-called Ixtapa be said to be, at best, in the embryonic stages of develop-
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K.E. Kemper, E. Mestre, and L. Amore
ment.” Since the relationship between surface and ground- sible groundwater management schemes in pertinent cases
water resources is finally recognized, and has become es- throughout the world.
sential whenever integrated water resources management
Worldwide, most attempts to control or at least miti-
is addressed, it remains to be seen if a development to- gate acute groundwater issues have been related to heavily
wards a specific international legal regime for groundwa- overdrafted aquifers. Furthermore, re-establishing a
ter will prosper or if groundwater will continue to be healthy water balance per se has been concentrated on
integrated in legal norms concerning water resources in river basins and aquifers with considerable scarcity – ei-
general. The polemic will surely continue for some time, ther natural or anthropic – and with already existing se-
however the Helsinki rules, the UN Watercourse Con- vere conflicts, including dangerous pollution levels.
vention, and the ECE Convention from 1992 indicate a Therefore little attention has been drawn to less devel-
trend towards the latter.
oped water bodies.
The novelty of the Guarani Aquifer System project
rests on the fact that it is starting towards a rather new
direction, where prevention is the key word, and social,
What Does This Mean for the Guarani Aquifer
System?
As has become clear from the above, the Guarani economic, financial, political, and environmental costs are
Aquifer System is unique in its size and hydrogeological, anticipated with ample time to be avoided, while fostering
socio-economic, and institutional complexity. It combines awareness, plural participation, and mature joint manage-
issues of quantity and quality that need to be addressed ment frameworks. Just like it happens in the Guarani Aqui-
together with environmental protection. Due to aquifer fer System region, there are indeed several basins and
anisotropies and the slowly-moving nature of groundwa- aquifers throughout the world that still have moderate or
ter, it also poses challenges in terms of transboundary man- insignificant water use and pollution. Many of them occur
agement in border areas as well as national management in developing countries. The degree of human intervention
within countries. It is furthermore important to note that – in those regions is still controllable and offers an excellent
like most aquifers it is both confined and unconfined. This opportunity to foresee water and its related natural re-
leads us to question the usefulness and necessity of the sources as strategic reserves as well as potential economic
distinction made in the legal realm between confined and means for countries and subregions to help their socio-
unconfined aquifers with regard to their treatment by the economic development processes jump to a higher gear.
evolving legal norms. The rationale presented here clearly
The Guarani Aquifer System project outcomes may
indicates that the guiding principles derived from interna- very well trigger a number of actions in those areas in the
tional customary law include the obligation not to cause world where prevention seems timely. With such a new
appreciable harm, the duty of equitable and reasonable breed of projects, humanity may save considerable effort,
use, the obligation to provide prior notice, and the duty to conflict, and cost, while protecting the environment and
negotiate. No specific multilateral conventions about promoting integrated water resources management in
groundwater resources exist nor has the multilateral UN emerging economies.
Watercourses Convention entered into effect. Instead, the
As was shown in this paper, first steps towards this
legal norms that can be applied for management and con- objective have been undertaken by developing a process
flict resolution are derived from general customary law based on dialogue and communication during project prepa-
and other conventions applicable to shared natural re- ration. The preparation process itself has led to improved
sources or to water resources in general.
knowledge of the Guarani Aquifer System, but the project
Experience has shown that treaties and conventions itself will render more of the necessary knowledge and
by force of their words alone do not lead to better man- explicitly includes information dissemination and aware-
agement, and in some cases may contribute to worsen the ness raising. The inclusion of stakeholders, their participa-
conditions they were intended to solve. For this reason the tion, and their involvement will be a contribution to
explicit aim of the efforts undertaken by the four countries education and culture on natural resources protection and
involved in the Guarani Aquifer System Project is to de- sustainable management and the proposed pilot projects
velop a light straightforward management framework, will constitute test grounds for participatory groundwater
which will work in a decentralized manner. This is a for- management schemes under different scenarios encoun-
midable challenge, and innovative mechanisms will have tered in the Aquifer area, ranging from overdrafting, pol-
to be sought to achieve this goal.
lution, and intense use to sustainably tapping potentials.
The complexity of the Guarani Aquifer System also
requires careful analysis in terms of the costs and benefits
of developing legal and institutional frameworks. Given
Conclusion
The Guarani Aquifer System is a unique case and un- the size and the preventive nature of the required mea-
dertaking, which will need to develop its own way and sures to be developed, the cost of imposing a heavy de-
will provide a very different experience. Hence, it will serve tailed, and centralized legal framework would almost
both the aquifer system itself as well as nourish other pos- certainly outweigh the benefits. The coming four years
IWRA, Water International, Volume 28, Number 2, June 2003

Management of the Guarani Aquifer System: Moving Towards the Future
199
therefore need to strongly focus on the feasibility of any
Discussions open until December 1, 2003.
recommended measures and their expected results. This
must include a close look at what measures need to be
implemented with regard to the transboundary areas be-
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About the Authors
Karin E. Kemper works as a
Senior Water Resources Specialist
at the World Bank. Her areas of
specialization include institutional
economics and water resources
management. She has worked on
water resources projects and car-
ried out research on water-related
issues in a number of countries, pri-
marily in Latin America. Email:
Kkemper@worldbank.org
Eduardo J. Mestreis Techni-
cal Secretary for the Latin Ameri-
can Network of Basin Organizations
and member of the River Basin
Water Management Window Team-
World Bank. His areas of special-
ization include institutional, legal, and
financial frameworks for water management. A public
servant in Mexico for 22 years, he has worked on water
resources projects for 12 countries in Latin America and
Africa, including water laws, institutional reforms, and basin
organizations. He has worked as a Consultant for WB,
IADB, UNO, OAS, and is an advisor to several national
and state governments in Latin America. Email:
emestre@att.net.mx.
LuizAmore is General Secretary of the Guarani Aqui-
fer System Project in Uruguay for the implementation
phase. During the preparation phase he was the National
Coordinator of the Brazilian National Project Preparation
Unit (NPPU-Brazil) within the National Water AGency
(
ANA) and Water Resources Secretariat of the Brazilian
Environment Ministry. His areas of specialization includes
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projects and carried out research on water related issues
at local, state, and federal levels in Brazil. He is also a
fellow of the Leadership for Environment and Develop-
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IWRA, Water International, Volume 28, Number 2, June 2003