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Water as Common property: The case of Irrigation Water rights in the Phillipines - Integrated Communal Irrigation (ICIS), Zanjeras

Reference
Cruz,Ma. Concepcion J: 1989 "Water as Common property: The case of Irrigation Water rights in the Phillipines "in Common Property Resources ed. Fikret Berkes:Belhaven Press, London
Introduction to the Institution
This case study of water rights is between a federation of 2 irrigation associations (Zanjeras), The Integrated Communal Irrigation System(ICIS) with a legal water right covering two municipalities and 13 villages and three unfederated associations(Zanjeras): Curarig,Dihua and Camongao without water rights.The ICIS holds the legal water permit from the National Water Resources Council(NWRC) for a total discharge of 2800 lps.However there are several unregistered users who draw water directly from the Baccara-Vintar river system. The three Zanjeras of Curarig,Dihua and Camongao have been users of this category.While they have no claim in the water, their rights as water users were established by a long standing "prior rights"
Coverage of the Institution
There are numerous cases of water sharing in other parts of Phillipines that have existed in eighteenth century
Rules for Management of the Institution
(a) Boundary Rules
Spatial:The site is located in the downstream of segment of the Baccara-Vintar River system, province of Ilecos Norte, Northern Phillipines Social: Not clearly reported in the text
(b) Governance rules
There are three levels of collective control for using water among Zanjeras. 1)Panlakayen or board of directors, which determines the enforcement procedures across municipal or administrative boundaries.The "panlakayen" officers apply for water permits from the NWRC on behalf of the association and supervise follow up of the application. They also coordinate administration of the water permit with other users along the river, which involves creating suitable rotation schedule for the different associations of the federation and settling water rights conflicts among minor member associations 2)The Maestro or supervisor, who controls the activities of working groups which are defined at the canal level, each working group is composed of four to ten farmers sharing a common canal. Membership is based either on kinship ties or on the labour-exchange grouping called the "ammuyo".In many of the affiliated "zanjeras", ammuyo members engage in an equal exchange of labour hours for cultivation work. "Maestro", assigns canal- cleaning and repair work to different ammuyo clusters 3)The third level of water control is at the canal segment or cluster of farm parcels The "lakays" or farm elders provide function of mediator for problems related to water use below the canal turn-out
(c) Resource Allocation
In the ICIS system, water is diverted through a brush dam and conveyed to member villages on continuous basis through a main canal. Distribution to individual farmlands then takes place through smaller channels on a rotation basis, the rotation schedule occurs on alternate days. In the case of unfederated Zanjeras, water flows continuously along the main and lateral canals. Each zanjera has its own temporary brush dam, which is repaired and replaced annually. When both the systems make use of a brush dam with connecting canals to deliver water to farm parcels, the federated system uses only one brush dam for 13 villages, instead of three dams for three villages(like the unfederated zanjeras) When a water body changes course or has numerous flow obstructions, water control becomes difficult, thereafter the need for coordinated work in maintaining a river becomes important. There were no rules regarding the cleaning of debris along the Baccara Vintar river, and thus there was less incentive for upstream users to remove flow obstructions periodically, as a result of which when there is a heavy decline of water supply for irrigation in the dry season, water allocation rules are strictly enforced
Conflict Resolution Mechanism
Conflicts for water rights began with the proposed construction by the ICIS of a 400-metre canal from the point of diversion at the source to the farthest affiliated zanjera at Barrio Pasayacan (refer Fig 13.1).The canal would permit the planting of a dry season crop.The nearby zanjeras of Curarig, Dibua and Camongua contended that the this canal would reduce the water supply to their fields.The leaders of the three zanjeras therefore approached the National Irrigation Administration (NIA)to study the layout for a new, shorter canal.An 80 metre canal was proposed by NIA to cut across the Paratong main canal (Fig 13.1)ICIS officials opposed this 80 metre canal, arguing that construction of the 400 metre canal was within the legal water allotment of 2800 lps from the NWRC.Since the three zanjeras had no water permits from the NWRC, leaders of the ICIS argued that building of the canal was justified as long as it remained within the discharge rate prescribed by NWRC. The help of local village officials was also taken into consideration to make representations with concerned govt. agencies, the NIA, NWRC and the trial courts
Problems Faced by Institution
Here the inequities in the allocation of water are quite pronounced. Along a single water source, upstream users have greater advantages in receiving adequate water than downstream lands, and also it is easier to enforce one's 'rights' and consequently affect other users' rights by merely blocking water flow. therefore without a water code for protecting the rights of legitimate users, particularly for those located at the downstream portions, it will be difficult to enforce rules preventing unequal access to the water supply
Purpose
Efficient and rational use of scarce water supplies
Country
Phillipines
Region
Ilocos Norte
Date Of Publication
RS-1/04/96