UNIVERSIDAD PARA LA PAZ - Water Emergency Case Studies and Global Perspectives

WaterEmergency: Case Studies and

Global Perspectives Edited by Jan Breitling Olivia Sylvester

Clara RaminWater Emergency: Case Studies and Global Perspectives Edited by

Jan Breitling Olivia Sylvester Clara RaminUniversity for Peace www.upeace.org Francisco Rojas Aravena, Rector First edition

Water Emergency: Case Studies and Global Perspectives

Copyright 2024 UPEACE Press University for Peace San José, Costa Rica, 2024 The University for Peace was established by the United Nations General Assembly Resolution 35/55 of December 1980. Dr. Francisco Rojas Aravena, Rector, UPEACE Dr. Juan Carlos Sainz-Borgo, Vice Rector, UPEACE

Edited by: Jan Breitling, Associate Professor, Department of Environment and Development, UPEACE, Costa Rica Olivia Sylvester, Department Head & Associate Professor, Department of Environment and Development, UPEACE, Costa Rica Clara Ramin, Instructor, Department of Environment and Development, UPEACE, Costa Rica

ISBN Electronic Publication: 978-9930-542-59-0

Book cover picture: Convento River, Longo Maï, Costa Rica.

Photo taken by Olivia Sylvester.

Graphic Design: P. Digital, San José, July 2024.

CC BY-NC-ND: It is allowed to reproduce for educational purposes only, where no permission is required when the source is formally acknowledged. No part of this book may be reproduced for any other purpose without the expressed written consent of the University for Peace. To view a copy of this license, visit:

http://creativecommons.org/licenses/by-nc-sa/4.0/.Table of Contents Foreword......................................................................................5 Chapter 1 Scarcity in the land of plenty? Exploring water governance in Costa Rica Jan Breitling and Caitlin Wiley ...............................................9 Chapter 2 Water and industrial agriculture: A case study of pineapple in Buenos Aires, Costa Rica Clara Ramin and Olivia Sylvester .........................................27 Chapter 3

Liquid Mesoamerica: US National Security and

Exploring water governance in Costa Rica Jan Breitling and Caitlin Wiley ...............................................9 Chapter 2 Water and industrial agriculture: A case study of pineapple in Buenos Aires, Costa Rica Clara Ramin and Olivia Sylvester .........................................27 Chapter 3

Liquid Mesoamerica: US National Security and the control of regional water resources Bryan González Hernández .....................................................59

Chapter 4 The Approaching Water Crisis in the city of Calgary, Alberta, Canada: A Case Study Krishna Kolen ...........................................................................89 Chapter 5 Transboundary Dispute Resolution in the Colorado River Basin Caitlin Wiley ............................................................................113 Chapter 6

Contamination of Country: The cultural significance of water and how forever chemicals are creating an intergenerational emergency for Aboriginal communities in Australia Samantha Strachan ...............................................................139

Water Emergency: Case Studies and Global PerspectivesChapter 7

Climate Change and Evolution of Dutch Water Authorities: Public Goods, Democratization, Cross-Sectoral Policy and Scale Soemano Zeijlmans ................................................................175 Authors’ Biographies .............................................................1955 Foreword It is a distinct pleasure to introduce this book. Unfortunately, “Water Emergency” has never been a more appropriate or timely phrase. The summer of 2023 has broken air temperature records and has seen devastating wildfires, floods, and storms around the world. Water – too much or too little – underpins all of these extreme events, driven by the increased solar energy in our global system as a result of industrialisation. The chapters contained in this book are diverse; diverse with respect to the regions of focus, the water challenges described, and the disciplines and countries that the authors represent. However, the combined message is clear. Changing water quantities and quality are affecting our ways of life, our health, our connections to place, urban function, food security, and national security. I invite you to travel through this book, reflecting on what water looks like where you live, work, and play. Think about the first peoples of the land that you call home. Think about the

to place, urban function, food security, and national security. I invite you to travel through this book, reflecting on what water looks like where you live, work, and play. Think about the first peoples of the land that you call home. Think about the responsibilities that we have to our water and our environment as we claim the inherent rights we have to health, water, and peace. Above all, reflect on those who are unable to claim these rights or who have had these rights taken away from them. As you do read through the different chapters, you will learn about Costa Rica – home to the University for Peace – a tropical country with seemingly abundant water supplies that mask local and regional water stresses and recent conflicts due to a mismatch of watersheds either having high volumes of surface and groundwater or high water demand (Breitling and Wiley; Chapter 1). Throughout the country, these are resulting in increasingly frequent water cuts in towns and cities during the dry season. Part of the reason for this is the almost doubling of water used for agricultural production in the country, which now accounts for 68% of water resources use (Ramin and Sylvester; Chapter 2). As the second largest pineapple exporter globally, this increase in water use for agriculture is a result of the growth ofindustrial farms in Costa Rica, which have also led to significant water quality deterioration. While industrial farming contributes to the economy (30% of GDP), it also results in complex adverse socio-cultural impacts in the regions where these plantations have been established. Several case studies of water insecurity in North America focus on the critical intersection between politics, water, and national security (González Hernández; Chapter 3), how water (in)security manifests in urban centres (Kolen; Chapter 4) and dispute resolution (Wiley; Chapter 5). The presence of water has shaped the location and growth of settlements over time. Its essentiality for life means that power accrues to those who ultimately control it (González Hernández; Chapter 3). In the geostrategic region

resolution (Wiley; Chapter 5). The presence of water has shaped the location and growth of settlements over time. Its essentiality for life means that power accrues to those who ultimately control it (González Hernández; Chapter 3). In the geostrategic region that falls under the interest of the United States, national security is tied to imperialism over water supplies, not just for human and economic needs, but also with respect to navigability of waterways. This power differential is especially apparent when water crosses political boundaries. Regardless of whether transboundary watersheds exist within or between nation states, climate change is affecting water quantities and exacerbating declining water qualities that result in significant upstreamdownstream tensions. The Colorado River is exemplified in this respect (Wiley; Chapter 5) as a river approaching a water emergency. In part, this is due to quantified versus proportional apportionment of flows and the resulting overallocation of water, particularly during drought periods. Consequently, effective conflict resolution mechanisms are becoming more and more important, with lessons learned possibly applicable to other watersheds facing similar challenges. The city of Calgary in western Canada continues to experience rapid growth, in part due to the oil and gas industries. However, its dependence on snow and glacier melt from the nearby Rocky Mountains leaves it susceptible to droughts and associated wildfires (Kolen; Chapter 4). Perhaps prescient of what was to come (Calgary was subject to mandatory water restriction this summer that lasted from August 15th to October 31st), the chapter examines the drivers and potential consequences of water scarcity in this major city.Given the differential vulnerabilities that are inextricably tied to colonialism in many nation states, the review of impacts of persistent organic pollutants (in this case PFAS) on Aboriginal ties to the land and water is particularly important (Strachan; Chapter 6). While focused on Wreck Bay in Australia, recommendations for governments to recognize the importance of lands and waters to Indigenous ecocentric worldviews and the need for culturally appropriate and participatory remediation

ties to the land and water is particularly important (Strachan; Chapter 6). While focused on Wreck Bay in Australia, recommendations for governments to recognize the importance of lands and waters to Indigenous ecocentric worldviews and the need for culturally appropriate and participatory remediation to legacy contaminants are applicable far beyond the chapter context. Finally, flood risk in the low-lying Netherlands (Zeijlmans; Chapter 7), represents a unique risk to its population. This chapter explores the ways in which the Dutch Water Authorities have adapted to the threat of climate change to extreme waterrelated events through a transition to water as a public good, a democratization of water authorities, and increased collaboration with other sectors, including municipalities. Ultimately, none of us are able to live without water, yet water also has the power to take life. The climate crisis is a water crisis, and the only solutions are ones that move us to equitable and sustainable management of water for all. Reliable access to appropriate water underpins climate resilience, pandemic preparedness, and peace and justice. As this book presents, there are warning signs but there are also paths forward and people with the courage and tools to act. Corinne Schuster-Wallace Executive Director, Global Institute for Water Security, University of Saskatchewan, Canada Visiting Professor, Department of Environment & Development, University for Peace, Costa Rica9 Chapter 1

Scarcity in the land of plenty? Exploring water governance in Costa Rica Jan Breitling and Caitlin Wiley Keywords: water governance, access to water, water availability and distribution, Costa Rica Introduction Costa Rica is a rich country in terms of total water availability. The relatively small Central American nation contains 34 main watersheds which provide a total estimated freshwater flow of 113.1 km3 per year, 73 km 3 in the form of surface water and 40 km3 from underground aquifer recharge (Ballestero & Zelédon, 2016). Per capita, Costa Rica is therefore relatively well off with an

watersheds which provide a total estimated freshwater flow of 113.1 km3 per year, 73 km 3 in the form of surface water and 40 km3 from underground aquifer recharge (Ballestero & Zelédon, 2016). Per capita, Costa Rica is therefore relatively well off with an annual average of 23,405 m3 of freshwater per person (Ballestero & Zelédon, 2016). The current level of water withdrawals indicate that Costa Rica has not over-allocated its water resources (OECD, 2015) and is not experiencing significant water stress as the population uses only 5% of total available freshwater (UN Water, 2020). Despite the abundant amount of water at the national level, water stress at regional and local levels seems to be an issue, especially during the dry season, as water cuts in the urban centers of the Central Valley are common and increasingly frequent. Water resources are not evenly distributed geographically, and basins with high water availability often do not match areas with high water demand. For instance, some regions with marked dry seasons like the northwestern province of Guanacaste (Angulo, 2022) and parts of the western Central Valley around San José have experienced water cuts in recent years and will possibly experience more severe water stress due to climate change in the future (Stan et al., 2022).10 Jan Breitling and Caitlin Wiley Additionally, water is unevenly distributed between different water users. Agriculture, hydroelectricity production, tourism, real estate development, and other types of industry compete for water, as well as with the general population’s demand for potable water. During the last two decades, conflict between different water users has arisen in some regions. This has occasionally led to violent clashes at the community level. For instance, in the province of Guanacaste, the growing demand for water of the ever-expanding coastal tourism sector has affected the perceived (if not the actual) availability of water for local

different water users has arisen in some regions. This has occasionally led to violent clashes at the community level. For instance, in the province of Guanacaste, the growing demand for water of the ever-expanding coastal tourism sector has affected the perceived (if not the actual) availability of water for local communities, such as Sardinal (Angulo, 2022; Esquivel, 2017). As a result of this tension, Sardinal community members organized and resisted a planned water infrastructure project to supply the coastal region of Coco beach and Ocotal in 2008 and 2009 (Navas y Cuvi, 2015). This is the most visibly violent conflict between state and local communities over water in the country to date, however it is not the only conflict. Another conflict over water erupted in Atenas and Grecia counties in the province of Alajuela in 2014, as described and analyzed by Castillo-Leandro and León-Álvarez (2022). Similarly, as discussed in Chapter 2 of this volume, communities in the southern Pacific part of Costa Rica have also had to compete with industrial agriculture for water. In May 2022, community members from Hatillo district within San José Province set up roadblocks to protest on one of the province’s major highways (Alvarado, 2022). During the week of May 2 through May 8, 2022, over 300,000 people across several counties in San José Province were expected to be affected by water cuts. The south of Costa Rica’s capital had been under water stress for at least two years, with the state agency in charge of delivering potable water to every household throughout the country, the Costa Rican Institute of Aqueducts and Sewers (AyA), not able to provide the service. This is a serious problem at any given time, but obviously much more severe during the height of the COIVD pandemic. This chapter explores potential reasons for this apparent paradox: why is a country with so much available surface and groundwater

provide the service. This is a serious problem at any given time, but obviously much more severe during the height of the COIVD pandemic. This chapter explores potential reasons for this apparent paradox: why is a country with so much available surface and groundwater facing water stress in certain regions at certain times of the year? As such, it begins by reviewing the data and literature around the general state of water availability and distribution11 Scarcity in the land of plenty? Exploring water governance in Costa Rica within the country. Second, it presents a brief overview of the major laws and institutions governing water, its ownership and use, and a short analysis of the major actors in water provision, distribution, and quality control. Third, it looks at how and from where Costa Ricans receive their drinking water. Fourth, it presents an analysis and discussion on the possible reasons for water stress, institutional issues, and impending consequences of inaction. This chapter concludes with some specific suggestions for improvements to the governance structure. In particular, the Costa Rican legislative assembly should pass an updated water law which provides expanded protections for groundwater resources and should consolidate administrative responsibility for water management. Literature review This literature review combines information from academic and nonacademic resources. The first part briefly looks at the topic of water availability, distribution, and quality, while the second focusses on the legal and institutional framework of water governance in Costa Rica. According to the State of the Nation report in 2022, Costa Rica reached its highest overall national coverage of potable water, an impressive 95.7%, in 2021 (Estado de la Nación, 2022). Nevertheless, challenges remain throughout the country regarding pollution, quality, and quantity of water. The same report also paints a complicated picture in terms of water provision, especially in the greater metropolitan area of the central valley and the coastal zones, due to water availability issues in the national aqueduct along with missing or failing infrastructure (Estado de la Nación, 2022, p.199).

report also paints a complicated picture in terms of water provision, especially in the greater metropolitan area of the central valley and the coastal zones, due to water availability issues in the national aqueduct along with missing or failing infrastructure (Estado de la Nación, 2022, p.199). Besides water quantity, water quality is proving to be a major issue. Even though national statistics draw a rather positive picture, as discussed above, cases of water contamination and poor-quality drinking water are becoming more common. Two very recent cases in the provinces of San José and Cartago exemplify this problem. In September 2023, the county of Alajuelita in the south of San José was affected by contaminated drinking water12 Jan Breitling and Caitlin Wiley and a simultaneous outbreak of diarrhea, as reported by the Costa Rican Social Security Agency and AyA. The AyA concluded that the quality of the water source associated with the illnesses was not apt for human consumption, but clarified later that there was no direct link between the contamination and the outbreak (Madrigal, 2023). Another example came from the province of Cartago, where the high use of pesticides linked to agricultural production is well known. At least five drinking water sources in Cartago were contaminated with chlorothalonil, a fungicide used in the region which has been strongly linked to health problems and environmental harm (Hidalgo, 2023b). These examples showcase the increasing visibility of not only water quantity problems, but also water quality issues in a country that should have more than enough water to meet its citizens’ needs. The Costa Rican constitution of 1949 does not explicitly recognize a right to drinking water or sanitation. However, Article 21 of the constitution guarantees the human right to life, and Article 50 guarantees the right to a healthy natural environment; both of these rights have been used to justify a human right to drinking water and sanitation in the country (de Albuquerque, 2009). The first national water law introduced in 1884 established surface water as a public good but considered groundwater to be a private

guarantees the right to a healthy natural environment; both of these rights have been used to justify a human right to drinking water and sanitation in the country (de Albuquerque, 2009). The first national water law introduced in 1884 established surface water as a public good but considered groundwater to be a private resource owned by individual landholders (Cuadrado-Quesada et al., 2018, p. 480). In 1942, the Costa Rican legislative assembly passed an updated water law which declared that all surface and groundwater sources would instead be publicly owned. This law included specific provisions for how landowners could collect rainwater that falls on their land and make use of groundwater resources through opening wells under a concession system (Cuadrado-Quesada et al., 2018, p. 480). This is the water law that is still in effect in Costa Rica. The provisions of the 1942 water law were expanded in 1953 with the General Law of Potable Water, which established the responsibility of the state and individual municipalities to provide public drinking water. For that purpose, the AyA was created through additional legislation in 1961 with a mandate to deliver drinking water and wastewater services to the Costa Rican public. The AyA was also given the authority to review and13 Scarcity in the land of plenty? Exploring water governance in Costa Rica approve all projects and proposed service fees for both public and private service delivery. According to other authors, there are over 20 government agencies that have responsibilities in the water sector, many of which have overlapping functions (Alburquerque, 2009; Bower 2014). Since all surface and groundwater within the country is publicly owned in accordance with the 1942 water law, the role of government agencies in delivering water to Costa Rican citizens is crucial. In this chapter, we focus on the main three state agencies responsible for water governance: the Ministry of Environment and Energy (MINAE), the Ministry of Health, and the AyA. MINAE is the leading agency within the water sector, with a widecitizens is crucial. In this chapter, we focus on the main three state agencies responsible for water governance: the Ministry of Environment and Energy (MINAE), the Ministry of Health, and the AyA. MINAE is the leading agency within the water sector, with a wideranging mandate to oversee the development of the country’s water resources. Within MINAE, the Dirección de Agua is responsible for approving permits for industrial water uses, such as for hydroelectric and agricultural purposes, and for human consumption (Morataya-Montenegro & Bautista-Solís, 2020). The Ministry of Health sets standards for drinking water quality and deals with public health issues such as water-borne illnesses and pollution. It is also tasked with monitoring drinking water quality, and ensuring that wastewater treatment systems comply with regulations. The AyA is the major state agency directly responsible for planning, financing, and operating drinking water and sanitation infrastructure. The AyA also further delegates responsibility for maintaining water infrastructure to municipalities or semiprivate companies, such as the Empresa de Servicios Públicos de Heredia (ESPH) [Company for Public Services of Heredia]. In the rural areas, the AyA delegates responsibility for drinking water infrastructure to non-profit community associations known as Administrative Associations of the Systems of Aqueducts and Sewers (ASADA) Rural Water and Sewage Committees (CAAR), or Administrative Committees of Rural Aqueducts (ASANA). CAARs differ from ASADAs in that they are “less organized committees missing delegation agreement with AyA” (Morataya-Montenegro & BautistaSolís, 2020, p. 92). The AyA usually manages administration of aqueducts in larger cities and relies on ASADAs and CAARs to oversee water resources in rural communities for cost-saving reasons (Morataya-Montenegro & Bautista-Solís, 2020, p. 92).14 Jan Breitling and Caitlin Wiley Finally, two autonomous state agencies have a critical role to play

to oversee water resources in rural communities for cost-saving reasons (Morataya-Montenegro & Bautista-Solís, 2020, p. 92).14 Jan Breitling and Caitlin Wiley Finally, two autonomous state agencies have a critical role to play in assuring the technical criteria in decision making regarding water resources outside of the political agendas of any given government in Costa Rica. First, the Regulatory Authority for Public Services (ARESEP). ARESEP is the agency responsible for setting water quality inspection standards and the fees that the AyA and other water providers can charge (ARESEP, 2023). Second, the National Service of Subterranean Waters, Irrigation and Drainage (SENARA). By law, SENARA must provide research and protection of water resources, both surface and underground, and works as the scientific counterweight to the decisions made by MINAE. The Costa Rican General Assembly has been reviewing proposals for a new water law for several years. In 2023, it approved a framework for a new law that that includes many of the changes necessary to modernize Costa Rican water management. However, it has also drawn criticism from some stakeholders and experts who see the overly anthropocentric language of the law as problematic, and fear that the new law would weaken or eliminate autonomous institutions like SENARA and ARESEP. The first criticism about the law’s focus on human uses of water is linked to the wording of the law, which does not recognize how important limiting the surface water extraction is to maintain functioning ecosystems. Portilla Pastor (2020) discusses how the “caudal ambiental” or environmental or ecological flow (the sufficient water flow required for non-human species and the proper functioning of ecosystems), is an absolute limit that needs to be respected to preserve environmental wellbeing and sustainability. The second criticism is focused on what Arias Obregon (2023) describes as the intention of concentrating power with the Minister of Environment, and decreasing or eliminating the power of autonomous state institutions and community organizations. This would prompt a move towards

needs to be respected to preserve environmental wellbeing and sustainability. The second criticism is focused on what Arias Obregon (2023) describes as the intention of concentrating power with the Minister of Environment, and decreasing or eliminating the power of autonomous state institutions and community organizations. This would prompt a move towards the politicization of decision-making processes that should be technical and scientific, as they are today under SENARA. Additionally, the author claims this new law would eliminate any dialogue and communal voices, decreasing public participation in decision-making processes that affect them directly (Arias Obregon, 2023).15 Scarcity in the land of plenty? Exploring water governance in Costa Rica Methods The research for this chapter was based on a literature review, document analysis and the review of Costa Rican online news outlets. As such, the authors began with a review of academic peer reviewed articles in English and Spanish journals on general topics or issues, and then went on to review several Costa Rican laws and relevant documents published by civil society organizations, technical and policy documents from different state agencies, as well as newspapers and other news outlets on water infrastructure, water scarcity and conflicts, and public policy in Costa Rica. Both authors have a keen interest in the broader topics of natural resource management and governance, water governance and water security. One of them is permanent resident since 1988 and the other spent 6 months as a master’s student in Costa Rica. The following Findings and Discussion section is structured around the following four key questions: 1) What is the recent situation on the provision of water, specifically in the greater metropolitan area of the Central Valley? 2) What are the different sources of drinking water at different spatial scales and what are the main challenges in both urban and rural settings? 3) Is the Costa Rican water provision system centralized or decentralized? Completely public, completely private, or a hybrid system? 4) What are potential gaps in the Costa Rican governance structure regulating drinking water access? Findings and Discussion Regarding the topic of recent and current problems around

Costa Rican water provision system centralized or decentralized? Completely public, completely private, or a hybrid system? 4) What are potential gaps in the Costa Rican governance structure regulating drinking water access? Findings and Discussion Regarding the topic of recent and current problems around the provision of potable water in the Central Valley, one study performed by ARESEP determined that about 58% of the aqueducts in this region suffered from problems related to water availability. As a result, approximately 590,000 people had trouble accessing potable water during the 2020 dry season (ARESEP, 2021, cited by Estado de la Nacion, 2022, p. 199). This study also found that around 66% of the national aqueducts were suffering from some form of water scarcity in the sources of water supply, while 34% exhibited some level of water stress, which16 Jan Breitling and Caitlin Wiley means they had less water than necessary to supply the demand of their target populations. Additionally, some systems suffered from overall water availability, meaning they could not sustain any type of increase in water demand (Estado de la Nacion, 2022, p. 199). In early October 2023, community members from Guadalupe, one of the main districts and the head city of Goicochea County in the central San José Province took to the streets to strike against AyA over drinking water shortages. The AyA met with community representatives and explained that the water cuts were caused by heavy rainfall and a consequent flooding of the river that supplies the water plant for Guadalupe, which damaged the local aqueduct infrastructure (Hidalgo 2023a). Additionally, an analysis carried out by the Foundation for the Development of the Central Volcanic Mountain Range (FUNDECOR) and the International Union for the Conservation of Nature (IUCN) for the organization LandScale in 2021 verified that several factors contributed to regional and local water stress and potential problems of future water supply throughout the country. Among the principal issues identified were ongoing

(FUNDECOR) and the International Union for the Conservation of Nature (IUCN) for the organization LandScale in 2021 verified that several factors contributed to r