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1. Introduction
Water reforms have been promoted widely during the 1990s by international organizations such as the World Bank (1993), United Nations
(Sitarz, 1993), FAO (1999), OECD (1989), and UNESCO (2000). Since water
reforms now are an official World Bank policy, they are an integral part of
new projects in developing countries. Key elements of such reforms are
market mechanisms and full cost recovery pricing. Actual experiences
with water markets are still sparse, and doubts about their beneficial
impact still exist among policy makers, water managers, and in academia.
It is therefore imperative to learn from countries where markets have operated for some years. Even though there can be no right way of designing
and implementing water markets, since such systems have to be designed
within the local climatic, hydraulic, economic, social, and legal context,
important lessons can still be learned.
Apart from Australia, water markets in two other countries are frequently mentioned in the literature. In the southwestern US, many states
1
Dr. Henning Bjornlund is a Research Fellow and a member of the Centre for Land
Economics and Real Estate Analysis and Dr. Jennifer McKay is Professor of
Business Law and the Director of the Water Policy and Law Group. The Land and
Water Resources Research and Development Corporation in Canberra, Australia
funded this project until April 2001 and the Australian Research Council and nine
industry participants are funding ongoing research.
770
specifically allow water trade, and regulations set out the conditions for
such transfers. However, water transfers are still relatively limited, and
settlements of related disputes are largely referred to the judicial system
making transfers expensive, time consuming, and uncertain (Huffman,
1997). Also, strong urban and industrial demands have influenced market
outcomes (MacDonnell, 1990). In Chile, markets are based on a neoclassical economic approach, backed by a judicial system with minimal state
intervention (Bauer, 1998). However, market activities in Chile are very
limited. Few empirical studies exist from either country about the operation and impact of markets.
This paper will discuss the experiences gained in South Australia and
Victoria in southeastern Australia, where markets have developed since
1983, within a highly regulated and administrative environment, with
strong State-, Federal- and Basin-wide intervention, to safeguard social
and environmental values, with little resort to judicial decision making.
This development has seen the gradual evolution of water market policies,
resulting in less and less impeded markets. The development of the water
industry has followed different patterns across jurisdictions. This has
resulted in different definitions of water rights and tradable systems,
reflecting the variability of water use, ranging from intensive high value
uses, mainly horticulture and viticulture, through dairy to less intensive
and valuable uses such as cereal and mixed grazing.
The first part discusses the reasons for water markets and the expectations of policy makers. The second part outlines experiences with water
trade in other countries while the third describes southeastern Australia
and the evolution of water market policies in Victoria and South Australia.
The fourth part discusses the outcome of trade and the final part highlights
the lessons learned and their implications for water markets in developing
countries.
2. Why water trading
Within many developed countries, in semi-arid regions such as the southwestern US and southeastern Australia, early developments saw
significant investments in water infrastructure, to support human settlement of remote areas and boost national production. Today the water
economy is in its mature phase (Randall, 1981). The costs of increasing
supply have risen sharply, and the political will to finance new projects has
decreased, with concern for the environment and increased demand for
public funds from other sectors of the society. During the mature phase,
the emphasis is on making do with what we have, by reallocating it among
competing uses.
Developing countries have experienced the same need for reallocating
existing resources due to increased demand, increased cost of new
supply and reluctance by financial institutions to fund new water infrastructure (Thobani, 1998). Reflecting this trend, the World Bank in 1993
introduced a new water resources policy (World Bank, 1993). This policy
has, at its core, the treatment of water as an economic good, including
such features as property rights, full cost recovery pricing, removal of
government subsidies, the use of market mechanisms, and calls for
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776
discussions with Peralta, Gonzales and Pea as well as personal observations during a visit to Chile in July 1999:
The rigid system of water distribution. Water rights in Chile are defined by
flow, controlled and divided according to water rights by fixed gates at
each property. If a buyer and a seller on the same canal transfer water,
only the sellers and the buyers gates have to be altered. If the water
moves from one canal to another, all gates in both canals have to be
altered making it very costly.
Legal uncertainty. Only a relatively small proportion (3550 per cent) of
rights have been registered in the Real Estate Title Offices. The Director
General De Aquas has his own register, also covering only a fraction of
all rights. The most secure registers are the canal associations, but these
are not coordinated. Further, water rights have been based on facts
more than formal law, that is, if you can prove you have used water for
many years, you must have a water right.
Social values. Many small water users are traditional farmers, for whom
irrigation is a way of life and part of a culture, and, therefore, they could
never sell water despite economic reasoning. This corresponds with
findings within Hispanic and Indian communities in the US (Mumme
and Ingram, 1985; Ingram, Schneider, and Nunn, 1989).
Availability of cheaper options. Irrigators can increase their irrigation
efficiency, and under the new Water Code receive government
subsidy for such work. On the El Palqui Channel, irrigators are lining
part of their 44 km long supply channel with plastic. Water losses due
to seepage are estimated at 42 per cent (Aquirre, President of the El
Palqui Channel Water Users Association, pers com 1999). Similarly,
many farmers have recently converted to drip irrigation, or are in the
process of doing so. Irrigators can also get ground water or contingent water rights, which can be used to fill dams or recharge
aquifers.
Bauer (1998) provides a discussion of the contradiction between the new
National Water Code, modeled on neoliberal economics developed in the
US, with a strong judiciary and a system of precedent. In Chile, the
judiciary is formalistic, interprets the law strictly and literally and is not
used to play a pro-active role, and the lack of precedent and adequate
hydraulic knowledge have caused court findings to be unpredictable and
contradictory.
4. Southeastern Australia
Southeastern Australia constitutes the southern part of the MurrayDarling Basin (MDB), which includes Australias largest water resource,
and covers parts of four states New South Wales (NSW), Victoria (VIC),
South Australia (SA), and Queensland (figure 1). The Murray-Darling
Basin Commission (MDBC), which consists of the relevant Ministers from
the States, the Capital Territory, and the Federal Government, manages the
Basin under the MDB Agreement. This Agreement has existed since 1915.
Initially it was only concerned with how the water resources of the Basin
were shared. Since the 1970s, the MDBC has steadily increased its sphere
778
a moratorium was placed on new licenses, and in 1969 and 1976 private
diversion licenses were adjusted according to past actual use plus committed use. A similar adjustment was not made to water rights within
irrigation areas. Water rights within these areas were determined by property size and crop water consumption figures, based on inadequate
knowledge of actual plant water use and on inefficient irrigation methods.
This has resulted in excessive water rights within many irrigation areas,
and since these areas are land constrained, irrigators within them cannot
use this excess water to expand.
All resources were allocated by 1976 and existing water rights reduced
to reflect actual or committed use. This created community pressure to
introduce instruments which could provide water to new enterprises,
mainly horticulture. South Australia was therefore the first state to
officially introduce temporary and permanent trade between private
diverters in 1983. Trade was not introduced within irrigation areas,
because of the fear of the impact on individual systems if large volumes of
water were traded out of an area. Trade within irrigation areas was introduced in 1989. With the new Irrigation Act in 1994, trade was opened up
between irrigation areas and with private diverters. To allow the authorities, and irrigators within irrigation areas, to adjust to changes, the
volume of water exported out of any area has always been capped at 2 per
cent of total entitlement.
Water transfers are subject to the buying property producing an
Irrigation Drainage and Management Plan. This plan has to show that the
irrigation activities on the property have zero impact on the quality of river
water. The implementation of these plans has however never been policed.
Consequently the plans have not had the desirable impact, even though it
seems to have increased over time (Bjornlund, 1999). Due to the conservative allocation policies, and the early voluntary intervention to rein in
excess water rights, the MDB Cap was set at the 1993/94 level of allocation
and not the level of development. As a result, trade can activate unused
water without having a negative impact on water right holders.
Victoria (Goulburn-Murray Irrigation District, GMID)
The GMID is Australias largest irrigation district, located in the northern
part of Victoria along the Murray River upstream of Nyah (figure 1). It consists of two supply systems, the Murray and the Goulburn. The
predominant water use is dairy farming with sections of cropping and
grazing. The dairy industry, which is the high value user, has a high
dependency on security of supply but also an ability to benefit from extra
water. The other water users are mainly cropping and grazing, having the
ability to adjust water use to fluctuating supply. The allocation policy is
therefore two folds. First, water rights with a supply reliability of 97 years
out of 100, and, second, sales-water allocations, which are announced
annually as a percentage of water rights depending on availability and are
generally higher within the Murray system. No sales-water is announced
until the following seasons water rights are secured in the reservoirs,
thereby ensuring the high reliability level of water rights.
Throughout the GMID, the water table is very high, but its impact varies
780
in volume and price. Price increases have continued, and are now consistently above A$1,000/ML. Price dispersion in percentage terms has
decreased. Within the GMID, both prices and volumes of water traded
have been steadier during the first five years, and price dispersion more
pronounced. This could be a sign of a more immature market, but also
reflects spatial restrictions and the differences between private diverters
and irrigation area irrigators. Volumes of water traded have since
increased considerably to almost 25,000 ML during the 1997/98 season
involving 350 transfers.
Within both areas, the removal of restrictions on trade between private
diverters and irrigation areas in 1994/95 significantly changed the pattern
of water trade. Along the River Murray in SA, irrigation areas only
accounted for 4.8 per cent of water traded from 1987 to 1994. This
increased to 35 per cent from 1994 to 1996. However, trade within or
between irrigation areas still accounted for only 5.3 per cent. Within the
GMID, private diverters accounted for 10 per cent of water traded from
1992 to 1994. This share increased to 24.3 per cent from 1994 to 1996, with
782
illustrated under the MDBCs Interstate Water Trading Pilot Project. Due
to significant distances between buyers and sellers as well as increased
administrative complexity, 99 per cent of both sellers and buyers used a
broker. As a result prices varied within a fairly narrow band during the
first two years of trade (Young et al., 2000).
Reasons for buying and selling
The buyers and sellers were asked to rate how important they found a
number of reasons for buying and selling. They were asked to rate them
on a one to seven scale. Discussions with irrigators in the regions, indicated that many are purchasing water as part of a whole of farm plan
to both consolidate existing production and increase production. Buyers
and sellers were therefore asked to rate all the reasons for buying and
selling. Table 1 shows the reasons for buying and Table 2 for selling. In
the tables the percentage of buyers and sellers finding each reason
important is reported. For the purpose of the tables, all ratings from 3 to
7 are considered to reflect some importance. The mean rating for each
reason is also reported in brackets. The reasons can broadly be grouped
into two categories: expanding reasons, where the purchase of water
results in an expansion of production, and non-expanding reasons,
where the purchase of water is mainly used to protect and maintain
existing production. However, buyers might rate an expanding reason
important without actually increasing the area. If they rated the reason
in the lower range of the scale (3 or 4), they might consider expanding
at a later stage. Similarly, sellers might not rate it important to reduce
their irrigated area, they might have sold because they needed the
money, but as a consequence they might have reduced their irrigated
area. Acknowledging this, buyers and sellers during the 1994/96 period
Table 1. The importance of various reasons for buying
The GMID and the River Murray in SA
Reason:
Expanding reasons:
Increase area of existing crops
Grow new crops
Establish first irrigation
Enterprise
Non-expanding reasons:
Increase water application
on existing area
Security against drought
Speculate in water
52 (3.8)
55 (4.0)
56 (3.7)
56 (3.8)
65 (4.6)
66 (4.7)
15 (1.8)
32 (2.8)
16 (1.9)
22 (2.3)
53 (3.7)
70 (4.8)
23 (2.0)
27 (2.4)
30 (2.3)
5 (1.2)
78 (5.0)
76 (5.1)
38 (2.7)
36 (2.9)
31 (2.4)
13 (1.6)
Note: 1 These categories are based on the respondents rating of the importance
of each of the listed reasons on a 17 scale. In the above table 12 is not
important, 37 is important. Figures in brackets refer to mean values of the
17 ratings.
783
Reason:
Non-reducing reasons:
Did not need the water
Needed the money
59 (4.1)
57 (3.9)
45 (3.2)
71 (4.6)
69 (4.5)
61 (3.7)
59 (4.1)
58 (4.1)
Reducing reasons:
Reduce irrigated area
Stop irrigating
Retire
25 (2.3)
24 (2.4)
13 (1.7)
20 (1.9)
19 (2.1)
15 (1.8)
20 (1.9)
21 (2.1)
12 (1.6)
20 (2.1)
18 (1.8)
15 (1.9)
Note: 1 These categories are based on the respondents rating of the importance
of each of the listed reasons on a 17 scale. In the above table 12 is not
important, 37 is important. Figures in brackets refer to mean values of the
17 ratings.
784
The reasons for selling can also be grouped into two categories. The
non-reducing reasons, where the sale mainly activates unused water and
does not cause a reduction in productivity, and reducing reasons, where
the sale does result in a reduction in productivity. Within both study areas,
the non-reducing reasons were by far the most important and generally
increasing in importance. Less than 25 per cent rated reducing reasons
important, and the importance of these was declining. This suggests that
most water traded is unused water. Looking at sellers actually reducing
their irrigated area, it was found that along the River Murray in SA, 31 per
cent of the sellers reduced their area, selling 31 per cent of the water.
Within the GMID, 27 per cent reduced their irrigated area, selling 41 per
cent of the water. These figures suggest, that around one-third of all water
sellers reduced their irrigated area indicating a quite significant adjustment impact in both areas.
Analysing water rights, volumes sold, and volumes used prior to sale, as
well as the sellers intentions to reduce irrigation, indicate that a number of
sellers, within GMID, might have to reduce their irrigated area in the
future. About 25 per cent sold water on which their existing production
depends, without any intention of reducing their irrigation (Bjornlund and
McKay, 2000b). This indicates a group of struggling farmers, unwilling to
accept reality and make the inevitable adjustment, which might be to their
long-term financial detriment. Irrigated farmland analyses show that properties with insufficient water for existing production carry a price penalty,
and that the value of actively used water, when attached to land, tends to
exceed the price paid for water in the water market (Bjornlund, 2001).
Higher value uses
Analyses of the water use of buyers and sellers, as well as which crop they
were going to expand/establish or reduce, enable an evaluation of trades
ability to promote higher value production. The answer in both study
areas is cleartrade does promote higher value production. Water purchased to expand production, as well as that purchased to secure existing
production, was applied to higher value crops and was sold by lower
value users. Without trade, water would have remained with the low
value users, who are unlikely to have the financial means to convert to
higher value production and would therefore have remained unused or
been activated for low value use.
As discussed above, most water was unused prior to sale (58 per cent in
GMID and 69 per cent in SA) but was sold by low value users. Within the
GMID, cattle producers sold 45 per cent of the water, sheep producers 26
per cent, and 9 per cent did not have any water use. Major reductions in
water use took place among cattle and cereal producers, and many with
mixed grazing and cropping reduced their cropping component rather
than their grazing activities. Along the River Murray in SA, cropping properties sold 42 per cent of all water and sellers not having any irrigation sold
4 per cent. Most actual reduction in irrigation took place within cropping
and vegetable production (Bjornlund and McKay, 2000a).
Within the GMID, dairy farmers purchased 69 per cent of all water and
cattle producers 18 per cent. Out of the 43 per cent used for expansion,
786
2000b). Along the River Murray in SA, 27 per cent said they used the proceeds to improve their irrigation efficiency, of those who did not, 59 per
cent put the money toward general revenue and 22 per cent used it for debt
reduction (Bjornlund, 1999). These findings reflect the fact that the most
common reason for selling was the need for the money. To sell a long-term
asset, to pay running costs or cover short-term debt, does not improve the
long-term viability of the property and cannot be repeated.
Comparison of water market prices and water value when attached to
land raises some further social impact issues. Within both study areas, it is
indicated that sellers of unused water are being handsomely compensated
compared with the value of unused water when attached to land. On the
other hand, if water is actively used for production, the value of that land
is reduced by a larger amount than the seller receives for the water in the
water market. These problems are aggravated in areas where significant
capital investments are made in long-term water dependent farm improvements, such as plantings and irrigation systems. When attached to land,
the value of water depends on the use to which the water is put, since part
of the value of water has been capitalized into the value of these water
dependent capital investments. To fully compensate sellers of water used
for production, prices need to be high enough to pay for both the water
and the water dependent farm improvements left idle by selling the water.
(Bjornlund, 2001).
It thus appears, as if a group of sellers are selling water, on which their
present production depends, for less money than it is worth when attached
to land. These farmers are eroding the capital value of their property, and
many of them are using the proceeds to cover annual expenses. Such developments can only further consolidate these farmers in the rural poverty
trap. On the positive side, there is 25 per cent actually using the proceeds
to improve their irrigation efficiency and 15 per cent in order to retire.
Analysing changes to farm and water right sizes indicates that trade
generates larger properties with more appropriate water rights. After
trade, farm sizes are still within what must be considered family operations. Trade, however, seems to widen the gap between smaller and
water-poor farmers and larger water-rich farmers. The former group
depends on off-farm work, especially during periods of drought, while the
latter depends on a non-family workforce. There is no evidence that trade
causes a decrease in the rural population or a loss of amenities in rural
communities. Rather, trade seems to facilitate a stable but changing rural
community by consolidating productive land and water into larger units,
separating excess farm improvements and unviable land to be purchased
by life-style farmers helping to uncouple the economy of rural communities from farming (Bjornlund and McKay, 1999).
It follows, from the findings discussed under water use efficiency, that
water trade generates environmental benefits. If water is sold, out of inefficiently irrigated and drained properties on saline soils, into properties
with more efficient drainage and irrigation management practices on suitable soils, it will reduce the negative environmental impact.
Analysing the soil salinity levels on selling and buying properties, in the
western part of the GMID, where salinity problems are worst, shows that
788
790
water use for all productions, and such norms are regularly revised in
order to reflect the development of technologies to use water more
efficiently (Johnson and Caster, 1999). In Chile, the lack of penalty on nonuse has lead to the fear of speculation in water (Solanes, 1999).
Lesson 4
It is important to consider the issue of unused water. Failure to address
this issue with adequate regulatory mechanisms can lead to inefficient and
unsustainable water uses and opens up for speculation and monopolistic
behaviour which can result in environmental damage, social hardship, and
negative economic impacts.
Australian experiences indicate that market outcomes vary significantly
from jurisdiction to jurisdiction, depending on the legacy of past water
policies and differences in major water uses. In Chile, the allocation policy
is to issue more water rights than the available resource, factoring in traditional return flows from upstream users as downstream supply. As
water rights are defined as consumptive use, this return flow is not guaranteed. As water trade, or increased water prices, encourage upstream
users to introduce more efficient irrigation or conveyance methods, return
flows are reduced with detrimental impact on downstream users.
Lesson 5
When developing water market policies and evaluating their potential benefits, it is important to thoroughly understand the legacy of past policies.
Free market environmentalists argue that as long as the government keeps
hands off, market forces will solve all problems (Anderson and Leal, 1991).
This relies on the existence of strong interest groups, able and willing to
lobby and pay for environmental and recreational benefits. In most developing countries, such groups do not exist, or do not have the necessary
political and financial clout. In such instances, a balance must be struck, to
reflect the society in which markets have to operate. On the other hand, we
agree with Huffman (1994), when he says that there is no reason to abandon
markets to protect the environment, but rather to introduce defensible regulatory instruments, designed to minimize market distortions. In essence
markets are excellent servants but poor masters (Young, 1997). They can be
used to reallocate natural resources, providing a regulatory framework
exists, to guide the process in the direction desired by the society.
Lesson 6
The balance between private market forces and government regulation to
protectthird-partyinterest,includingenvironmentalconcerns,mustbefound.
It is essential that water rights are clearly specified and formally registered,
so that the buyers have full information about the product that they are
buying, and ownership is secured. Such registers will also enable third
parties to register an interest in the right, such as mortgages. In a recent
paper we suggested that the following issues must be addressed to maximize the outcome of water markets:
792
requires that conditions for trade are clearly specified, and that procedures
for settling disputes are in place.
Societal acceptance is a prerequisite for a successful market (Simpson,
1994; Brown, 1997). Both in the US and Chile, cultural issues have been
identified as impediments to trade. In Australia community concern was
one of the initial barriers to the introduction of trade. One way of ensuring
this is to encourage and strengthen water user organizations. Experiences
in Chile have proven that such organizations can be instrumental in facilitating markets.
Lesson 9
It is important to identify cultural and religious values associated with
water use, and how these can be equitably incorporated into the market. It
is increasingly being accepted that pure neo-classical economic and market
based approaches are falling short of social and non-economic aspirations
in many developing countries (Appelgreen and Klohn, 1999).
Conclusions
There are many benefits to be gained from water markets in developing
countries, and many lessons to be learned from existing and emerging
markets. However, markets need to be adapted to the local social fabric
and environmental constraints and have to take into account the legacy of
past policies. The above lessons clearly indicate that successful markets
require complex institutional and legal frameworks, as well as strong
social and economic capacities. Many developing countries, especially
low-income developing countries, lack these structures and capacities.
Formal water markets are therefore unlikely to be successfully implemented, while their implementation in better-established developing
countries are likely to be postponed until resource conflicts are so severe
as to force the hands of governments. There is a clear role to play here for
development aid organizations to assist in setting up the institutional and
legal frameworks required. While this takes place, informal water markets,
such as those discussed in India and Pakistan can play an important role
in facilitating a more equitable access to water resources.
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