Groundwater governance in the states of São Paulo,
Paraná, Santa Catarina and Rio Grande do Sul:
An analysis from the instruments of the National Water Resources Policy
Noemia Bohn
PPGEA – Postgraduate Program in Environmental
Engineering - FURB
Blumenau, Santa Catarina, Brasil
noemiafurb@gmail.com
Willian Jucelio Goetten.
Department of Sanitary Engineering - State University of
Santa Catarina -UDESC
Ibirama, Santa Catarina, Brasil
willian.goetten@udesc.br
Abstract: In the present scenario of implementation of the
National Water Resources Policy (PNRH), there is consensus
on the strategic importance of groundwater to achieve the
basic objective of the policy, which is to ensure the current
and future generations the necessary water availability, on
quality standards appropriate to their uses. A specificity of
groundwater in the Brazilian legal system is the exclusivity of
your domain assigned to states by CF / 88. In this context, this
article presents the partial results of research that has been
carried out under the Project Network Guarani / Serra Geral,
aims, carry out a comparative analysis of the governance of
groundwater from the instruments of PNRH by check
existence of such law, regulation and implementation of the
same in the states of Sao Paulo, Parana, Santa Catarina and
Rio Grande do Sul. To achieve the objective of the research
an adapted methodological model of Foster et al [1] and
proposed theoretical model by Turton et al [2] were used. The
analysis of the results concluded that the states of São Paulo
and Paraná obtained high performance in the implementation
of the instruments of PNRH, while the states of Santa Catarina
and Rio Grande do Sul had average performance.
Keywords: water resources policy; groundwater; governance
I. INTRODUCTION
In the current scenario of implementation of the National
Water Resources Policy (PNRH) established by Law 9.433 /
97, there is consensus on the strategic importance of
groundwater to achieve the basic objective of the policy,
which is to ensure the current and future generations the
necessary water availability, quality standards appropriate to
their uses. But earlier, this finding was not so obvious, since
the very Law 9.433 / 97 in its text has highlighted just surface
water [3] and [4].
The first step to overcoming this regulatory gap under the
PNRH, occurred with approval by the National Water
Resources Council (CNRH) of Resolution No. 15 of
12/01/2001 establishing guidelines for integrated water
management. Later other resolutions from CNRH regulated
the protection and conservation of groundwater, as well as
their consideration in applying the tools of PNRH such as
resolutions CNRH No 22/01, No 91/08, No 92/08 and No 107
/ 10.
A specificity of groundwater in the Brazilian legal system,
which is under the Federal Constitution of 1988, Art. 26, I, Its
dominion is unique to the States, so this is the federal entity
that must put into practice the integrated management of
surface and groundwater. Just as it is the Union's
responsibility editing general rules (principles standards), of
national implementation over water , for the states regulations
(rules-rules) for the application of general rules at the state
level [5]. Thus, the applicability of PNRH occurs at the state
level, through the formalization of a public policy
management of water resources, including groundwater,
which specifies, details and fits the general rule to state reality.
The Estate, such as the national law, establishes its water
policy by means of a law, that states the principles, objectives
and guidelines that will guide the policy, the tools to put it into
practice, as well as the organs responsible for its
implementation, which make up the state system of water
management. It is this set of rules, tools, processes and
institutions that form the basic structure of governance that
will enable the implementation of public policy on water
resources in the state.
In this context, this article presents the partial results of
research that has been carried out under the Project Network
Guarani / Serra Geral, aims to carry out a comparative analysis
of the governance of groundwater, from the existence of such
law, regulation and implementation of the instruments of
PNRH in the states of Sao Paulo, Parana, Santa Catarina and
Rio Grande do Sul.
2015 9th International Conference on Complex, Intelligent, and Software Intensive Systems
978-1-4799-8870-9/15 $31.00 © 2015 IEEE
DOI 10.1109/CISIS.2015.62
430
2015 Ninth International Conference on Complex, Intelligent, and Software Intensive Systems
978-1-4799-8870-9/15 $31.00 © 2015 IEEE
DOI 10.1109/CISIS.2015.62
430