U3103274 Pema Tshewang Governance in Business and Government PG 6426 Mark Turner Case Study 17th March 2013

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1. What are the principles determining water sharing in the Lingmutey Chhu watershed? The two guiding principles used in sharing water resource among the communities settled in the Lingmutey chhu watershed that prevailed until recent years were based on first come, first served basis and on the location of villages and ancestral right. Undeniably these principles allowed the upstream settlers enjoy more right over the use of water than the downstream settlers. Interestingly, the settlements which took place at the later period have no rights over the use of water. For instance, Limbukha which is located at the top of the watershed is believed to have settled first and has full right over the use of water resources. On the contrary, the farmers of Nabjee, immigrants from eastern region had no access to water at all since they have settled later in 1960s and away from water source. Similarly, Dompola village which is located below Limbukha did have its water share but on a rigid traditional terms and condition of understanding. The water is released only on the 10th day of the 5th Bhutanese month that too by sharing 50:50 at the source with Limbukha. The villages located downstream like Omteykha, Metalumchu, Wangjokha and Thangu have very little share of water. They depend on seepage from the upper canals. This system of water-sharing is mainly attributed to the ancestral right and their understandings of traditional norms.

2. What equity issues are emerging due to the traditional system of water-sharing?

Due to the traditional system of water-sharing, the actual water requirement in each community was never realized. The system of water distribution was unfair and unjust. This is because the communities settled nearer to the water source had more rights to water use irrespective of what they actually required, letting the settlers downstream suffer with insufficient water. For instance, the farmers of Limbukha used substantial amount of water injudiciously where as the farmers in the lower part could not afford to make use of this excess water. Such systems undoubtedly lead to inefficient use of water and unequal distribution of water. Sharing of water equally without the consideration of land holding size and the categorization of farmers for water- sharing was another incredulous system of injustice. People with fairly good amount of land had to always remain in grievance of water shortage. Categorization of farmers within the communities for sharing water such as Thruelpa category receiving full flow, Chhep category receiving half the flow of Thruelpa, Chatro receiving half the flow of Chhep and lhangchu and Wueche category having little share or not receiving water share at all, clearly indicated that there was a total discrimination within the community. P-2

Due to these abstract traditional ideologies of ancestral rights, the reclamation of water lost due to poor conveyance was beyond the thoughts of progression. Such believes, thoughts, rights and principle often posed a threat to water flow enhancement programs.

3. What are the grey areas in traditional rules on water-sharing that are causing conflicts? a) Date of settlement and water rights There isnt any authentic evidence to prove which village settled first. People of Limbukha claim to be the first settlers to gain the right over the use of water. The settlement dates for other villages are vague except for Nabjee village. Therefore, the claim for the rights over the use of water on the basis of settlement dates is ambiguous. b) Village location and water rights There isnt any legitimate right to claim over rightful use of water based on the geographical location of the village. The village settled on the top of watershed harnessing the full right over the use of water, is indecent to prevent the downstream farmers to use water once the transplanting season begins. Its simply an act of selfishness and supercilious behaviour. c) Canal conveyance efficiency improvements The inhabitants within the Lingmutey watershed had no much ideas of losing quite a substantial amount of water through poor canal conveyance. They simply adhered to the ancestral right over the water seepage. The downstream farmers, who absolutely depended on seepage, feared that they would be deprived of water use if canal conveyance improvement works are carried out by the upstream users. d) Increase in potato cultivation in Limbukha Claiming to be the first inhabitants, the villagers of Limbukha tried to exercise full advantage of their ancestral right over the use of water by not releasing water until the time specified. This dominant feature of rights exercised by the people of Limbukha is leaving the people downstream in distress. Change of Cropping patterns and diversification shouldnt bring in conflicts if the people of Limbukha strictly comply with the agreed rules and timely seasonal cropping practices. 4. Why does the national government favour a water act covering the whole country? Since there is no comprehensive national law on the legal status of water resources and its uses, Royal Government of Bhutan has to formulate a comprehensive and stringent law on conservation and sustainable use of water resource. Moreover, there were many traditional regulations and customary norms on water sharing system which was imprecise and inequitable. P-3

In order to bring equity in water sharing system between and within the communities across the country, the government has formulated and enacted various acts such as land act1979, forest and conservation act 1995, Environment Assessment act 2000 etc. reserving some provision on water related issues. Such provision though, did not suffice to resolve the unending issues; the government has favored to enact water act to facilitate community in following ways: - to plan to Conserve and use the water resources sustainably - formulate comprehensive law on water to bring equity in water use and rights - ensure sustainable use of water through uniform and consistent laws to prevent degradation and pollution of water resource and poor management of environment. 5. What modified governance arrangements might resolve the conflicts over water-sharing? In order to address the issues of constant conflicts over the traditional watersharing system arising due to absence of prominent laws and policies related to water, the government must devise alternative mechanisms in resolving the agelong discrepancies over water rights. Following alternative measures must be put in place to improve water- sharing system: - A legitimate watershed management committee must be instituted at the watershed level to promote and discuss inequity issues over water-sharing system through suitable policy intervention - Improve the canal conveyance by lining with concrete and devise a system of sharing water at source - Make appropriate amendment in some rigid areas in the traditional norms and have proper rules of law structured for strict compliance. - Focus on the formation of community based Water User Association headed by elected representatives - Develop a definite policy related to the conservation of natural resource to enhance water volumes by implementing collective actions in protecting and conserving natural resources - Royal society for protection of Nature and National Environment Commission should play the lead role in advocating the community in conservation of nature - Instigate a sense of ownership by working together, sharing the responsibilities by all communities to foster sustainable use of water resources adequately with equity.

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