Prepared for delivery at the 2019 Congress of the Latin American Studies Association, Boston, USA, May 24 - May 27, 2019 The La Plata Basin stands out in South America for its natural resources, territorial extension, water volume and economic representativeness for the population of the five countries that share it. However, despite the existence of a transboundary agreement and international models for shared water management, this international basin faces challenges in its management. In this way, the present work performs a comparative analysis of the national legislations of each of the five countries, verifying their similarities in terms of water governance. The analyzes are made based on consultations and comparisons in the constitutions and water policies of each country, whether for surface water, groundwater or even treatment and water quality. Going through questions of geography, geopolitics, environment, law and international relations, it is believed that the similarity between such national frameworks facilitates the management of this natural resource shared by the States. However, it has been found that the legislation of the La Plata Basin states is asymmetric, from the recognition of water as a fundamental human right to the treatment that groundwater receives in each territory. It is concluded that this aspect impacts on water governance, hindering the relationship between countries for the harmonization of water policies.

1. SIMILARITIES BETWEEN THE LA PLATA BASIN STATES
NATIONAL FRAMEWORKS FOR WATER GOVERNANCE
MARIA LUÍSA TELAROLLI A. LEITE
ISABELA BATTISTELLO ESPÍNDOLA
SAO PAULO UNIVERSITY (USP)- BRAZIL

2.  Water - multiple uses, vital natural resource, unfair distribution, climate change regulation.
 OCDE (2015) - there is an error in water management and in its governance - water crisis is a
crisis of governance.
 Paper objective: discuss water governance, with emphasis on the governance of
transboundary waters.
 Case: La Plata Basin  expressive water and economic wealth in the South American region.
Governance will be studied through the superficial and underground water legislation of the
countries that are part of the La Plata Basin, so that, in this way, it is possible to think if a
shared management for that resource is possible.

3. Governance
 1990 - the governance issue gains increasing space in international discussions.
 1992 Dublin Conference - framework for the issue - integrated water resources management
(IWRM) is presented as an ideal form of management to water resources.
 GOVERNANCE (ideal): efficiency, participation and enabling negotiation among the multiple
actors, users and decision makers for the theme
 -Reality: governance is constantly changing, depends on culture, political and legal
regime, interests, values, institutions and the organizational model are inseparable.
 Governance is a process that encompasses different policies, actors and institutions.
 MANAGEMENT - changes in international perceptions and conferences - decentralized,
broad-based, democratized model that allows the construction of alliances and ties between
levels.
 Management challenge: decentralization.

4. LA PLATA BASIN
• Guarani Aquifer - Argentina,
Brazil, Paraguay and Uruguay
• Guarani Aquifer (2010)
• La Plata Basin: Argentina, Brazil,
Bolivia, Paraguay and Ururguay
• La Plata Plata Basin Treaty
(1969)

5. Superficial and subterranean water laws of the La
Plata basin countries
Similarities:
1. the role of central governments in water management;
2. the association between governments and subnational levels, except in the Argentine case
3. The legislation for groundwater advances with a project instituted in the 2000s for the Guaraní Aquifer, except
in the Bolivian case.
Argentina: decentralization - provinces are autonomous
-2003- Federal Agreement on Water- which contains the Guiding Principles of Water Policy and creation of
COHIFE
-It is different from treating water resources. Example: groundwater. Córdoba has specific legislation, Entre Ríos
distinguishes hot springs from the others in its management and Corrientes follows federal guidelines.
-In 2009 Interjurisdictional Committee of Basins of Groundwater to coordinate standards, but the issue remains
decentralized.
Brazil: overlap - states or Union?
-1997 - National Policy on Water Resources - instrument for water regulation and related issues
- Triad - Constitution of 1988 (states); 1997 National Water Resources Policy (Union); Ministry of Mines and
Energy (National Department of Mineral Production) How to treat transboundary waters?

6. Superficial and subterranean water laws of the La
Plata basin countries
Bolivia - Constitution of 2009 water - a public good and emphasis on the human right
- The Ministry of Environment and Water - is responsible for its management - has the international water unit.
- Environmental Law of 1992 - refers to the contamination of surface and groundwater.
- groundwater - little regulated, the legislation does not establish control and mapping, drilling and extraction of
wells.
Paraguay
-2007- Specific law for water resources - under state ownership and emphasis on the human right to water.
- Groundwater is left in charge of the environment secretariat, but its legislation is broad.
Uruguay
- 1979 Code of the Waters, but only in 2009 its national policy for water resources is created with emphasis on the
human right to water.
2000- Establishes Management Plan for the Guaraní Aquifer, fruit of the influence of the project among the
countries that investigated and mapped those waters.

7. Conclusions
 Water and its governance - a complex issue and issues such as gender, poverty and equity in its use are
not contemplated.
 The La Plata Basin is of expressive size and economic representation - there are great challenges to think
about its shared management. Examples: recognition of all water countries as a human right and difference
in the treatment of groundwater.
 There is no model ready to be followed, there are many challenges and asymmetry - negative impact on
governance.

8. THANK YOU!
mltaleite@usp.br
isaespindola@usp.br
Grant nº 2017/17997-9, Sao Paulo Research Foundation (FAPESP).