Asymmetric water conflict in the Athi River Basin in Kenya–

Asymmetric water conflict in the Athi River Basin in Kenya–

Water conflicts in Kenya.
Asymmetric water conflicts in the Athi River Basin.
Diploma thesis
Author: Gerhard Geiger
University of Passau
Fakulty of Anthropogeography
Prof. Dr. Ernst Struck
1
Overview
1. INTRODUCTION ......................................................................................................................
6
1.1. PROBLEM DEFINITION ...................................................................................................
6
1.1.1.Water conflicts in Kenya ...........................................................................................
6
1.1.2.Asymmetric water conflicts in the Athi River Basin …………………………………….
8
1.1.3.Leading thesis ……………………………………………………………………………...
10
1.2. CONCEPTUAL FRAMEWORK ……………………………………………………………..
10
2. SOLVING ASYMMETRIC WATER CONFLICTS …………………………………………………
12
2.1. ECOLOGY ……………………………………………………………………………………….
14
2.2. ECONOMICS …………………………………………………………………………………….
15
2.3. POLITICS ………………………………………………………………………………………...
20
2.3.1.Principles …………………………………………………………………………………...
21
2.3.2.International Conventions ………………………………………………………………...
22
2.3.2.1. The Helsinki Rules …………………………………………………………………
22
2.3.2.2. The ILC Rules ………………………………………………………………………
24
2.3.2.3. Constraints in solving asymmetric water conflicts by international law ………
24
2.3.3.Application of the Helsinki and ILC Rules to river basins ……………………………..
25
2.4. PRE-REQUISITES OF SUCCESSFUL MANAGEMENT OF WATER RESOURCES …..
27
2.4.1.Cooperation between riparians …………………………………………………………..
27
2.4.2.Participation of all stakeholder …………………………………………………………...
31
3. STATUS OF THE ATHI RIVER BASIN: A COMPREHENSIVE LOOK ………………………..
32
3.1. GEOGRAPHIC LOCATION AND ADMINISTRATIVE BOUNDARIES …………………….
33
3.2. THE PHYSICAL ENVIRONMENT ……………………………………………………………..
34
3.2.1.Relief ………………………………………………………………………………………..
34
3.2.2.Climate ……………………………………………………………………………………...
34
3.2.3.Land cover and soils ………………………………………………………………………
36
3.3. SOCIO-ECONOMY ……………………………………………………………………………..
36
3.3.1.Population …………………………………………………………………………………..
36
3.3.2.Land tenure ………………………………………………………………………………...
37
3.3.3.Land use ……………………………………………………………………………………
38
3.3.3.1. Agriculture …………………………………………………………………………..
38
3.3.3.2. Tourism ……………………………………………………………………………..
40
3.3.4.Economy ……………………………………………………………………………………
41
3.3.5.Poverty ……………………………………………………………………………………...
42
2
3.4. WATER SECTOR ……………………………………………………………………………….
44
3.4.1.Hydrology …………………………………………………………………………………..
44
3.4.1.1. Water Catchment and Drainage ………………………………………………….
45
3.4.1.2. Water Availability …………………………………………………………………..
45
3.4.1.3. Water Quality ……………………………………………………………………….
47
3.4.2.Water using sectors ……………………………………………………………………….
48
3.4.2.1. Agriculture …………………………………………………………………………..
49
3.4.2.2. Domestic and industrial ……………………………………………………………
50
3.4.2.3. Hydropower …………………………………………………………………………
51
3.4.2.4. Wildlife and fisheries ………………………………………………………………
52
3.4.3.Institutional and legal framework ………………………………………………………...
52
3.4.3.1. Water institutions in the Athi River Basin ………………………………………..
53
3.4.3.2. Integrated Water Resources Management in Kenya …………………………..
54
3.4.3.3. Water sector economics …………………………………………………………..
55
nd
4. THE PLANNED 2
MZIMA WATER PIPELINE PROJECT …………………………………….
56
4.1. PROJECT DESCRIPTION ……………………………………………………………………..
56
4.2. IMPACTS OF THE WATER PIPELINE PROJECT ………………………………………….
57
4.2.1.Flow changes in Athi/Galana/Sabaki River System ……………………………………
58
4.2.2.Poverty Reduction in Mombasa District …………………………………………………
59
4.2.3.Marginalization of Malindi District ………………………………………………………..
61
4.2.4.Scenario building: the potential catastrophe ……………………………………………
66
4.3. PRELIMINARY CONCLUSION: NEED FOR A SOUND WATER ALLOCATION
CONCEPT ………………………………………………………………………………………..
68
5. OPTIMAL AND EQUITABLE ALLOCATION AND USE OF WATER RESOURCES IN THE
ATHI RIVER BASIN …………………………………………………………………………………..
69
5.1. COOPERATION AND PARTICIPATION IN MANAGING WATER RESOURCES IN
THE ATHI RIVER BASIN ……………………………………………………………………….
70
5.2. EQUITABLE SHARING OF WATER OR BENEFITS FROM USE OF WATER
RESOURCES ……………………………………………………………………………………
72
6. SUMMARY AND CONCLUSIONS ………………………………………………………………….
74
ANNEX: Figures (pages see list of figures, tables and boxes) ……………………………………….
80
Literature sources …………………………………………………………………………………………..109
3
List of Figures, Tables and Boxes
Figures
Page
Figure 1: Africa Political …………………………………………………………………………………
80
Figure 2: Kenya Administration …………………………………………………………………………
81
Figure 3: Kenya Physical ………………………………………………………………………………..
82
Figure 4: Kenya Mean Annual Temperature ………………………………………………………….
83
Figure 5: Kenya Average Annual Rainfall ……………………………………………………………..
84
Figure 6: Kenya Agro-climatic Zones
(map enclosed in the backside cover)
Figure 7: The Five Major "Water Towers" of Kenya ………………………………………………….
85
Figure 8: Major Drainage Basins in Kenya ……………………………………………………………
86
Figure 9: Kenya Districts and Drainage Basin Boundaries ………………………………………….
87
Figure 10: Aberdare Range Forests …………………………………………………………………...
88
Figure 11: Kenya Land Classification ………………………………………………………………….
89
Figure 12: Description of Agro-Ecological Zones in Kenya ………………………………………….
90
Figure 13: Agro-Ecological Zones: Districts Kiambu and Thika …………………………………….
91
Figure 14: Agro-Ecological Zones: Southeast Kajiado ………………………………………………
92
Figure 15: Agro-Ecological Zones: Districts Machakos and Makueni ……………………………...
93
Figure 16: Agro-Ecological Zones: District Kitui ………………………………………………………
94
Figure 17: Agro-Ecological Zones: Districts Malindi, Kilifi, Mombasa ……………………………...
95
Figure 18: Agro-Ecological Zones: District Kwale ……………………………………………………
96
Figure 19: Agro-Ecological Zones: District Taita Taveta …………………………………………….
97
Figure 20: Kenya Major Cash Crops …………………………………………………………………..
98
Figure 21: Kenya Poverty Incidence District Level …………………………………………………...
99
Figure 22: Kenya Poverty Density ……………………………………………………………………..
100
Figure 23: Beef cattle in Kenya …………………………………………………………………………
101
Figure 24: Dairy cattle in Kenya ………………………………………………………………………..
102
Figure 25: Kenya Industry and Energy ……………………………………………………………….
102
Figure 26: 2
nd
Mzima Water Pipeline Project …………………………………………………………
104
Figure 27: General Principles for Costing Water ……………………………………………………..
18
Figure 28: Athi River Seasonality (in the year 2004) …………………………………………………
47
4
Tables
Table 1: Causes of Conflict in the Water Sector ……………………………………………………..
12
Table 2: Provinces and its Districts within the Athi River Basin …………………………………….
33
Table 3: Overview on Rainfall in the Athi River Basin on District Level ……………………………
34
Table 4: Number of Persons in the Districts of the Athi River Basin ……………………………….
37
Table 5: Brief Information on Agriculture in the Athi River Basin …………………………………...
39
Table 6: Gross Domestic Product of the Districts of the Athi River Basin …………………………
42
Table 7: Poverty Incidence in Districts in the Athi River Basin ……………………………………..
43
Table 8: Indicators of Poverty for each District in the Athi River Basin ……………………………
44
Table 9: Water Availability by Drainage Areas in billion m³ per year ……………………………….
45
Table 10: Water Demand in Districts in the Athi River Basin (1990 and 2010) …………………...
49
Table 11: Potential Domestic and Industrial Water Demand in 2010 ………………………………
51
Table 12: Flows taken from Mzima Springs to supply Mombasa District ………………………….
58
Table 13: Present Water Supply to Mombasa District ……………………………………………….
59
Table 14: The factors to be considered when allocating water or benefits from water use (as
adapted from the Helsinki and ILC Rules) …………………………………………………………….
73
Boxes
Box 1: Trading Water Rights in Australia ……………………………………………………………...
19
Box 2: The Helsinki and ILC Rules in the Jordan-Yarmuk River Basin ……………………………
26
Box 3: The South eastern Anatolia Project ……………………………………………………………
28
Box 4: Sub-basin cooperation in the Nile River Basin ……………………………………………….
29
5
1
INTRODUCTION
1.1
1.1.1
PROBLEM DEFINITION
Water conflicts in Kenya
The Earth is full of water. It can be in forms of solid, liquid or vapour, in glaciers, in the air, on the
surface, and in the ground. But only around three per cent of this water is actually fresh (an estimated
volume of 35,029,200 km³), and approximately 97 per cent of the three per cent is either frozen, in the
atmosphere, or deep underground and difficult to reach (UN/WWAP 2003: p. 67). An estimated 30 per
cent of freshwater is stored in the soil as groundwater. A much larger part, 69 per cent, is frozen in
glaciers and permanent snow cover. These 24,064,000 km³ of freshwater provide a small contribution
to available water resources through melting water, which nourishes lakes and rivers. Finally, the
smallest but most accessible freshwater resources are found in lakes (0.26 per cent), and rivers (0.006
per cent) (UN/WWAP 2003: p. 68).
Access to water is limited by geographical repartition, seasonal fluctuations, and a country's ability to
cope with water shortages. In several regions worldwide, water is becoming more and more scarce in
terms of both quality and quantity. This scarcity combined with unsuitable ways to deal with water,
inadequate or lacking water re-use measures make water even more a high valuable good to the
st
extent that in many parts of the world water conflicts could arise in the 21 century (Ehlers 2002: p. 1113).
This paper focuses on water conflicts in the Athi River Basin in Kenya. To get a comprehensive
picture of the water related problems in the Athi River Basin, this section tries to give an overlook of
the multifaceted conflict in the water sector in Kenya. More details on relevant information about the
water sector in Kenya will be provided in the 3. chapter (Status of the Athi River Basin in Kenya). The
Republic of Kenya is situated on the East African coast on the equator. It is bordered by Ethiopia and
Sudan to the north, the Indian Ocean and Somalia to the east, the United Republic of Tanzania to the
south, and Uganda and Lake Victoria to the west (see Figure 1). For administrative purposes Kenya is
subdivided into eight provinces and, subsequently in 70 districts (see figure 2), where, according to the
last population census in 1999, 28,686,607 people lived (CBS 2000: p. 29).
One of the biggest challenges is that water in Kenya is unevenly distributed in both time and space.
Distribution of water in Kenya in terms of space is mostly influenced by its climate. The Inter Tropical
Convergence Zone (ITCZ) and a wide range of topographic relief (see Figure 3) primarily control
climate in Kenya. Air temperature (see Figure 4) varies from 40˚C in the low altitude area to below
freezing point on Mt. Kenya. The annual rainfall (see figure 5) over the country ranges from less than
200mm in the northern ASAL area to 2,000mm in the western region. The Republic of Kenya has a
land area of 571,416 km², of what more than 85% is classified (in terms of agro-climatic zones) as arid
and semi-arid lands (Gerlach 2005: p. 2) (see figure 6).
Kenya receives an annual average rainfall of 621 mm converting to 354 billion m³ of water (WRMA
2005: p. 14). Rainfall patterns in Kenya are extremely variable in time and also in intensities. These
variations may be between 35 - 70% from the mean while rainfall intensities may be as high as
6
200mm per hour over a short time period (15 minutes). Furthermore it is to mention, that extreme
weather events including droughts and floods are becoming more frequent and thus, exacerbating the
uneven distribution of water in Kenya in terms of time. As a consequence, on the one hand, water
shortages due to droughts emerge and allocation conflicts arise, and on the other hand destructive
floods put life at risk.
Much of the perennial surface water flow in Kenya (19,691 million m³ per year - see 3.4.1.2)
originates from five specific mountainous areas. These are Mt. Kenya, Aberdare Range Forests, Mau
Complex, Mt. Elgon, and Cherengani Hills, and are commonly known as the "Kenya's Water Towers"
(see figure 7). By providing water for domestic and industrial uses, for irrigation purposes and for
hydro-energy, these water towers support all the major sectors of the economy. Although gazetted as
protected areas, these water towers faces severe degradation, what leads to alterations in water flow,
erosion and increased siltation loads in rivers (Akotsi and Gachanja 2004).
From a hydrologic viewpoint, Kenya is subdivided into five main drainage basins (see figure 8).
Kenya is classified as a water-scarce country. Globally, a country is categorized as "water stressed" if
its annual renewable freshwater supplies are between 1,000 and 1,700 cubic metres per capita and
"water scarce", if its renewable freshwater supplies are less than 1,000 cubic metres per capita.
Kenya's natural endowment of fresh water is limited by an annual renewable fresh water supply of only
647 cubic metres per capita (WRMA 2005: p. 8)
Water storage facilities are highly inadequate (WRMA 2005: p. 15). Water supply storage per capita
has declined in Kenya from 11.4 m³ in 1969 to about 4.3 m3 in 1999 (Republic of Kenya 2004: p. 6),
mainly because of population growth (further information on population in section 3.3.1). Currently
estimated storage capacity in Kenya's dams is 124 million m³ while the country needs 3.4 billion m³ by
2010 if it is to be assured of a reliable water supply (WRMA 2005: p.62). At the moment, about 40 per
cent of people in Kenya do not have access to safe drinking water (UNDP 2005: p. 49).
Officially, all abstractions from ground and surface water in Kenya require a permit. However, many
water users illegally abstract water to the detriment of downstream water users. For example, Over 70
per cent of water abstractions in the Upper Ewaso Nyiro basin are illegal (MungaiI 2004: p. 135).
Water resources assessment as a prerequisite for sound water allocation has deteriorated during the
last years throughout Kenya. River gauging stations are debilitated, making it impossible to carry out
profound water resources planning and operations. As a consequence, water allocation decisions are
made on the basis of inadequate hydrological information. Currently, the issuing of new permits is not
based on any systematic analysis of base flows but on spot gauging measurements. In this regard it is
not possible to estimate water balance after allocation has been made (WRMA 2005: p. 17).
Water pollution is a further major problem in the water sector in Kenya. Only 30 percent of the 142
gazetted urban areas in Kenya have sewerage systems. Only 28 per cent of these urban areas are
connected to properly maintained sewerage systems. Constant breakage or leakage of the sewerage
systems, inadequate capacity to handle peak sewage loads and the discharge of effluents to water
bodies are prevalent in Kenya (Mogake et al. 2006: p. 24). Industrial water pollution control in Kenya
is ineffective. Currently, most industrial and manufacturing plants near major cities and towns
discharge their wastes into open water bodies (Mogaka et al. 2006: p. 24). Agriculture chemicals, like
phosphorus and nitrogen from excessive fertilizer applications, are carried into rivers and streams
7
during storm events and thereby impacts on water quality (Mogaka et al. 2006: p. 60).
For example, the pollution of Lake Victoria waters can be attributed to the discharge of domestic
sewage and industrial effluents, agricultural run-off loaded with silt, residual fertilizers, agrochemicals
and other pollutants from urban areas. This deterioration is further exacerbated by in-lake pollution
activities mostly along the lake littoral zone. (WRMA 2005: p. 25).
Water resources degradation were estimated by Mogaka et al. (2006: p. xiii) to cost the country at
least Ksh 3.3 billion annually. These costs are a result of the degradation of water catchments, siltation
of water storage facilities, pollution of surface and groundwater, eutrophication of lakes and other
water systems, and unauthorized abstractions (Mogaka et al. 2006: p. xiii).
Budgets for water resources management in Kenya declined from Ksh 4,249 million in 1994 to Ksh
1,765 million in 2001 (Mogaka 2006: p. xv). As a consequence, there have been insufficient budgets to
allocate water, combat illegal water abstractions, control pollution of water resources and protect water
catchments.
Debilitated water supply and distribution systems throughout Kenya contribute to high unaccounted
for water (UfW) rates. Unaccounted for water is defined as the differences between water produced
and water sold as a percentage of water produced (GoK, PriceWaterhouseCoopers 2002: p. 17). This
measure captures not only physical losses but also commercial losses due to inefficient billing or
illegal connections. Not all of the unaccounted for water is wasted – some is utilized by consumers but
not recorded as such or paid for. A high level of unaccounted for water indicates poor system
management and poor commercial practices as well as inadequate pipeline maintenance. According
to the Coast Water Services Board, the UfW rate in Mombasa District stood in 2005 at approximately
65 per cent. Those in the urban region of Nariobi is about 50 per cent (Gulyani et al. 2004: p. 4). Thus,
every day several million litres of high valuable water gets either lost due to leakages on the way to the
target areas or is being used by people who do not (cannot) pay the economic value of water as a
limited good.
1.1.2
Asymmetric water conflicts in the Athi River Basin
In countries like Kenya, where there are water shortages due to uneven distributed rainfall, rivers are
of vital importance, since they distribute water even to arid and semi-arid lands. This is especially true
for the Athi/Galana/Sabaki river system in the Athi River Basin in Kenya. This river system is the
dominant geo-hydrological structure in the Athi River Basin, originating in the humid highlands of the
Aberdare Range Forests (see figure 6), flowing through the country's arid and semi-arid lands and
draining into the Indian Ocean. This water resource, which is commonly shared by the riparians from
the upper to the lower reaches, faces a conflict of distribution, since in times of low flow there is not
enough water to meet all the needs of the riparians.
The Athi River Basin as one of Kenya's five river basins (see figure 8), covers about 66,837 km2
(JICA 1998: p. 37) and includes (wholly or partly) 11 co-riparian districts, which lay in Coast, Eastern,
Central, and Rift Valley Provinces (see figure 2). The upper basin region, which includes the districts
Kiambu, Nairobi, and Thika, receives rainfall ranging from 600-2000mm per year. All the other regions
in the river basin, that are parts of the districts Machakos, Kitui, Makueni, Kajiado, Taita Taveta,
Kwale, Kilifi, and Malindi, receive considerable less rain and thus, most of the river basin lies in arid or
semi-arid lands.
8
The Athi/Galana/Sabaki River System as the main surface water resource in the Athi River Basin
serves as source of water for several purposes in urban as well as in rural areas. Nairobi District and
Mombasa District are the two major towns in the country and both lie in the Athi River Basin. More
than 2.8 million people live in these predominantly urban areas (see 3.3.1) and both districts use water
of the Athi/Galana/Sabaki River System for mainly domestic and industrial use. Nairobi as one of the
most upstream districts is drained by important tributaries to the river system pollutes waters
considerably in the rivers and thus, puts health of many riparians at risk. Mombasa District as one of
the districts lying most downstream in the river basin is very dependent on the water of the
Athi/Galana/Sabaki river system, since a major part of the water used is derived from a wellfield that is
fed by the River Sabaki and from the Mzima Springs as one of the main tributaries to the
Athi/Galana/Sabaki river system.
Malindi District as the most downstream riparian district of the Athi/Galana/Sabaki river system is
due to its hydrological position dependent on any modification in water flow occurring further
upstream. During the last severe drought 1998-2000, there was inadequate quantity of water to meet
the requirements of all the water users in Malindi District. Upstream water users over abstracted water
leaving none for users downstream (UNEP et al 2003: p. 21). In the context of such water use
competitions, Malindi District is vulnerable to every additional water abstraction further upstream.
In last decades, protection of river water users in Malindi District against over-exploitation by coriparians further upstream was not necessary, since most of the time, there has been enough water for
all. Although Athi River as the main tributary to the Sabaki River tends to dry up in times of drought,
Sabaki River in Malindi District has never dried up due to permanent flow of the Mzima Springs, that
drains its water into Sabaki.
st
A certain part of the clear Mzima Springs water is transferred by the so-called 1 Mzima Water
Pipeline to the urban region Mombasa. This water transfer (within the Athi River Basin) reduces water
levels in river Sabaki. Due to sufficient amounts of Mzima Springs water, water use conflicts between
water users in Mombasa and Malindi District arose only in times of drought, which occur every three
to four years.
Hence, the planned 2
nd
Mzima Water Pipeline to Mombasa District may aggravate the conflictive
relationship. Since the early 1990's, the 2
nd
Mzima Water Pipeline has been planned in order to reduce
the huge water supply deficit in Mombasa District and to alleviate the complex water related problem.
On the other hand, people in Malindi District are on the way to use more water from Sabaki River for
irrigation purposes to end up its vulnerability to food insecurity, that is mainly caused by droughts and
lack of irrigated agriculture. Ongoing development plans in several co-riparian districts include further
use of Athi/Galana/Sabaki river waters for boosting local and national economy. This development in
the basin may lead to increasing conflicts among the riparian districts about the rivers' water, since in
times of drought, water is not enough to serve all the co-riparians for agricultural, domestic, industrial
and other uses. The futurological scenario described in this paper assesses potential impacts of the
nd
2
Mzima Water Pipeline on the interconnected districts Mombasa and Malindi. If output from the
Mzima Springs returns to lower levels, as it was experienced for example in 1978, the 2nd Mzima
Water Pipeline would abstract of more than 60 per cent of the total output and thus, considerably
deprive downstream riparians of using the Mzima Springs Water. Since there is no major water
9
storage facility to capture and save water in times of high flow, increased water abstractions by the
2nd Mzima Pipeline could threat lives of downstream riparians.
This scenario shows, that under certain circumstances, an asymmetric water conflict may evolve
among different water use groups in the Athi River Basin. At any time there exist at least an
asymmetric relationship between them, resulting from different political and economic power. For
example: Mombasa as the country's second biggest urban region has both economic and political
power to invest in a water supply project to improve lives of urban dwellers. Rural communities in
Malindi District have need to invest in irrigation infrastructure to expand food production and thereby,
enhance food security. But those communities do not have adequate access to loans and land to
properly install efficient and sustainable irrigation schemes.
This asymmetric relationship that is conditioned by different interests of the riparians can be
aggravated by a so-called asymmetric hydrology. This asymmetry emerge as an upstream
downstream problem, when rivers flow across the border of two districts (or provinces/countries). To
follow the example of this paper: Communities in Malindi District as the most downstream water user
along the Athi/Galana/Sabaki river system suffer in times of drought from increased water abstractions
further upstream in the river system, resulting from the specific position on the river.
1.1.3
Leading thesis
Increased water abstraction in the Athi River Basin, e.g. by the planned 2
nd
Mzima Water Pipeline,
could have detrimental consequences on the lives of downstream riparians and lead to asymmetric
water use conflicts. It is the aim of this paper to find an answer to the following question:
How are the conflicts of uses between the multitudes of water users involved in
upstream/downstream situations in the Athi River Basin to be resolved?
It was clear from the literature (Rogers et al. 1998, Global Water Partnership 2000, IUCN 2000,
Chatterji et al. 2002, Wouters 2000, Falkenmark 2003, Braunmühl and Winterfeld 2003, UN/WWAP
2003, The Millennium Project 2005, Finger et al. 2006) that no single discipline can offer an effective
answer to the aforementioned question and that prevention or solution of asymmetric water use
conflicts requires an interdisciplinary approach. Striving for optimal allocation and use of water
resources by taking an interdisciplinary approach may resolve or even prevent asymmetric water use
conflicts in the Athi River Basin. In this sense, it is the author's aim to develop principles for optimal
allocation and use of water resources in the Athi River Basin.
1.2
CONCEPTUAL FRAMEWORK
The development in the Athi River Basin and, particularly the construction of the 2
nd
Mzima Pipeline
calls for a structured approach to the basin's management, that support sustainable socio-economic
development in the region. In this regard, this paper recognizes the concept of sustainable
10
development and its core values in the context of freshwater. The objective of the sustainable
development of water resources is that economic and social development should be both equitable
and efficient, while protection, preservation and enhancement of natural ecosystems is ensured
(Agenda 21, 1992). The core values of the concept of sustainable development, which have been
identified and reviewed by Rieu-Clarke (2000: p. 573), are: A Holistic Approach to Freshwater
Management, Ecosystem Protection, Water as an Economic Good and Full Cost Recovery, Water
Resource Assessment, and Public Participation. Each of these core values will be explicitly described
and referred to in the following chapters.
The second chapter tries to review elements of "water governance" that are necessary to
sustainable development and management of water resources. In order to find a solution for
asymmetric water conflicts in the Athi River Basin by achieving an equitable, efficient and
environmental sustainable water allocation system, this study uses an interdisciplinary approach,
which draws from three disciplines:
1
Ecology is the discipline that proposes to use a river basin approach for the management of
water resources. Integrated Water Resources Management strategies (GWP 2000) follow
this approach and aim at integrating all water using sectors within a river basin to wisely
manage its waters.
2
Economics may provide a frame for most efficient use of water resources in the Athi River
Basin (GWP 2003).
3
Politics is the context, where scientifically and internationally acknowledged water allocation
rules for international transboundary river basins have been developed. The most popular
allocation mechanisms for internationally shared water resources are provided by the socalled Helsinki Rules and ILC Rules. Once down-scaled from international to national level
and applied to the Athi River Basin, this allocation rules are supposed to guarantee equitable
and reasonable sharing of water resources between co-riparian districts - in the best case.
Each of the three disciplines provides information on experiences made in river basins worldwide
from intents to solve water conflicts.
The third chapter describes the status of the Athi River Basin. General information includes the
physical environment with topography, climate, soils and land cover. Socio-economic information is
provided about population, land tenure and land use patterns. Furthermore, there are data on the
economy and poverty situation in the Athi River Basin. These introductory and general informations
are necessary to better understand problems in the river basins' water sector. Specific information on
the water sector in Kenya and especially the Athi River Basin can also be obtained in chapter three.
Both data on water availability and water quality may provide a basis for water sharing negotiations
and water allocation decisions. This paper also gives an overview on the main water using sectors in
the river basin. To assess how water resources are managed in Kenya, the institutional set-up in the
water sector is revealed in this paper. All these general and specific data create a comprehensive
picture of the water related problems in the Athi River Basin and points to situations when asymmetric
water use conflicts occur. Data limitations and incompatibility of data that on the one hand are
provided on the district level and, on the other hand on a river basin level calls for further research.
11
Chapter four contains information on the planned 2
nd
Mzima Water Pipeline Project, since it may be
able to aggravate the already existing water conflicts in the river basin. Positive, as well as negative
possible impacts of the planned water pipeline are presented in this paper. The pessimistic scenario
just makes even more clear, that there is need of development of efficient and equitable water
allocation rules in the Athi River Basin.
Chapter five tries to path the way to such allocation rules by using the water governance approach,
which is described in chapter two. Taking advantage of international experiences of the three
disciplines, namely economics, ecology and politics for developing water allocation mechanisms for
the Athi River Basin is the aim of this paper.
It is recognized that there could be other alternatives and options available to allocate water in the
Athi River Basin. It is also recognized, that acknowledgement and support of any water allocation
mechanism by the majority of the water stakeholders is a prerequisite to successfully implement such
mechanisms. In this sense the conclusions and recommendations in this paper should not be taken as
prescriptive.
2
SOLVING ASYMMETRIC WATER CONFLICTS
Asymmetric water conflicts can arise from the use of common water resources (see 1.1.2). In order to
better understand such conflicts, one can distinguish between different types, as for instance conflict
arising through use, and conflict arising through pollution (Haftendorn 2000: pp. 51-56). A conflict
through use, for example, could be caused by the construction of a water storage facility on the uppercourse of a river because of fears of water shortages on the lower reaches of the river. The possibility
of conflict increases in such cases where this construction has harmful consequences for downstream
riparians, for example through polluted waste water.
An absolute conflict of distribution would exist when there simply is not enough water to meet the
needs of all the riparians. A relative conflict of distribution is prevalent, where a disparity over the use
of water exists between upper and lower-lying riparians. Such river systems are characterised by a
flow that, although plenteous in the upper basin, is reduced in the lower basin because of the
extensive use of the resource by upper riparians. Table 1 provides an overview on causes of water
conflicts for different conflict types and gives examples of river basins, where such conflicts occur.
Table 1: Causes of Conflict in the Water Sector
Conflict type
Conflict causes
Conflict through use
Water use
Conflict
through
Relative distribution
Absolute distribution
pollution
conflict
conflict
Water quality
Water distribution
Water
distribution
and availability
Example
Danube
Rhine
Euphrates, Nile,
Jordan
Source: Haftendorn (2000: p. 53)
12
Overexploitation of water resources with inequitable distribution patterns leads to a relative
distribution conflict between concurrent user groups in the Athi River Basin. According to Houdret and
Shabafrouz (2006: p. 5 and 31) this kind of problems are a consequence of "profound failures in water
governance", which are often caused by the neglect of fundamental, locally specific social and
ecologic factors.
This chapter tries to review elements of the concept Water Governance as a solution to asymmetric
water conflicts in river basins. But, what is the concept of Governance? The term Global Governance
is commonly understood as the framework for international relations between various actors, in
absence of a world government (UN Millennium Project 2005: p. 55) and was derived from findings of
a report of the World Commission on Environment and Development (known as the Brundtland
Report) (see United Nations 1987). A political definition of Governance is given by the Club of Rome
(a global think tank of scientists, economists, heads of states, etc.) in 1991, applying it to the regional,
provincial, local and national level:
"We use the term Governance to denote the command mechanisms of a social system and its actions
that endeavours to provide security, prosperity, coherence, order and continuity to the system […]. Taken
broadly, the concept of Governance should not be restricted to the national and international systems but
should be used in relation to regional, provincial and local governments as well as to other social
systems such as education and the military, to private enterprises and even to the microcosmos of the
family (King and Schneider 1991: pp. 181-182)".
The Commission on Global Governance, which was initiated in 1990 by Willy Brandt, gives following
definition:
"Governance is the sum of the many ways individuals and institutions, public and private, manage their
common affairs. It is a continuing process through which conflicting or diverse interests may be
accommodated and co-operative action may be taken. It includes […] informal arrangements that people
and institutions either have agreed to or perceive to be in their interest (Commission on Global
Governance 1995: p. 2). "
Good Governance is often understood to constitute transparency and accountability in the
management of public affairs, respect for human rights, and the participation of all citizens in the
decisions that affect their lives (Hirsch 2006: p. 186). Other variations of the term Governance include
Corporate Governance, New Public Management, Economic Governance, Socio-cybernetic
Governance, and Participatory Governance (Schlamp 2005: p. 32).
Governance concepts are also applied to water. The Global Water Partnership (2002: p. 2), for
example, defines Water Governance as
" […] the range of political, social, economic and administrative systems that are in place to regulate the
development and management of water resources and provision of water services at different levels of
society".
Throughout the literature it was clear, that Water Governance is primarily concerned with managing
water as a scarce resource in accordance with the key dimensions of sustainability - the ecological,
the economic and the socio-political.
"Far reaching impacts of water management practices on the economic, the socio-political and the
ecologic conditions of human development confirm the need for a broader understanding of sustainability
in Water Governance, namely as a careful balance between these different dimensions (Houdret and
Shabafrouz 2006: p. 32)".
13
From the author's view, the "function" of governing water has three main determinants or elements,
which represent three disciplines, wherein management of common water affairs take place. These
disciplines are Ecology, Economics and Politics. The author supports the view to focus on each of the
three disciplines to manage water resources in general and particularly in the Athi River Basin in
Kenya in an environmental sustainable, efficient and equitable way.
Whereas literature on the ecologic and economic disciplines refer to river basins in general, those on
politics refer mainly to water conflicts in international river basins. The case of the Athi River Basin will
show, that water sharing problems in national river basins have the same underlying cause as in
international river basins - inequitable sharing of water resources among the co-riparians due to lack
of sound water allocation rules.
To avoid or solve asymmetric water conflicts in the Athi River Basin, an equitable, efficient and
environmental sustainable allocation system needs to be in place. Lessons can be learned from
several cases of river basins facing asymmetric water conflicts. The examples of river basins used in
this paper were chosen because there, experiences were made in at least one of the three disciplines
(ecology, economics, politics), which could be useful to develop the aforementioned allocation system.
2.1
ECOLOGY
Principle 1 of the Dublin Statement on Water and Sustainable Development states that "freshwater is
a finite and vulnerable resource, essential to sustain life, development and the environment" (Dublin
1992). In balancing the needs of development and the environment, freshwater management should
therefore take an integrated approach as one of the core values of sustainable development (RieuClarke 2000: p. 573). According to this value, interrelated water resources should be managed as a
unit with the river basin area as the most appropriate level.
The river basin has been found to be the most logical geographical unit for water resources planning
since the geologic, topographic, biologic, and land-use characteristics of the basin along with its
climate determine the magnitude, timing, and quality of the basin's surface and ground waters (Finger
et al. 2006: p. 21, Dingman 2002, quoted by Obeng-Asiedu 2004: p. 11).
A river basin is defined by its watershed area. At the highest elevation are the upper reaches where
snowmelt or precipitation feed into streams and rivers. These upper reaches feed into a middle reach
creating a 'mainstream' of the river. Below the mainstream is the lower reach, where the river meets
the ocean, flow into swamps or even dry up.
Human-made activities can also be recognized and co-ordinated within the river basin unit. Physical
processes such as flow are governed by natural laws and are also affected by human actions such as
irrigation, diversion, drainage, and discharges from industrial and urban areas (Obeng-Asiedu 2004: p.
25).
In order to obtain an integrated "river basin management," the French administration has designed
regional agencies, responsible for the general management of each river including investment,
research and development, and information. This so-called French Model has been put forward by the
World Bank and also by specialized international water organizations, such as the World Water
Council or the Global Water Partnership. The European Union, for example, has recently adopted the
14
Water Framework Directive, where the basin is definitely assumed as the basic territorial entity for
elaboration "Management Plans". In other regions of the world, this approach is also being taken by
development agencies and by international organizations. (Finger et al. 2006: p. 22). For example,
water managers in the UK are now using catchments as the operational water management unit.
Furthermore, new water legislation in both South Africa and China has adopted the catchment as the
basis for their new water laws (Wallace et al. 2003: p. 2022).
River basin management is analogous to Integrated Water Resources Management (IWRM).
Although the concept of IWRM is still under debate, in recent years the key principles of good IWRM
have become a matter of international consensus. The Global Water Partnership defines IWRM as
follows:
" IWRM is a process which promotes the co-ordinated development and management of water, land and
related resources, in order to maximize the resultant economic and social welfare in an equitable manner
without compromising the sustainability of vital ecosystems (GWP 2000: p. 22)".
Protection of ecosystems is another core value of sustainable development (Rieu-Clarke 2000: p.
573). Ecosystems provide direct support of humans through natural resources and hydrological
functions and they are a fundamental part of the social structure of many rural communities. In order to
protect the environment from over development, the aquatic and terrestrial ecosystems should be
respected.
To protect ecosystems we need to have understanding of the water requirements of species and
communities and about the threshold that define critical levels of water supply to maintain ecosystem
health (Wallace et al. 2003: 2023). Dyson et al. (2004) for example, give insight to flow requirements in
rivers to satisfy all riparian water users including the ecosystem river itself. Regarding sharing of water
between society and nature, Wallace et al. (2003: p. 2023) concludes:
" […] we need to work out how best to share water between people and nature. While it is vital that
adequate water be reserved for the maintenance of ecological services, the quantities needed for this
are not yet fully understood. To incorporate this ecological allocation into water management, new
approaches are needed to quantify the effects of non-optimal supply on aquatic ecosystems. When
these are better known, along with human requirements and the efficiencies of the different sectors, a
more equitable approach to the sharing of water between society and nature should be possible."
To save aquatic ecosystems, as for instance the Athi/Galana/Sabaki river system in the Athi River
Basin in Kenya, is not only necessary from an ecologic viewpoint. More over there is a strong link
between ecology and economics in managing aquatic ecosystems that serve as water resources for
different uses.
2.2
ECONOMICS
Since ancient times water is an important element of economic and social development. There are
some main reasons for the growing importance of water in economic and social development during
th
the 20 century. The first use of dams for hydropower generation was at the end of the nineteenth
century. By 1900, several hundred large dams had been built in different parts of the world (mostly for
water supply and irrigation purposes), and by the end of the twentieth century, there were over 45,000
large dams in over 140 countries (Finger et al. 2006: p. 24).
15
From a global perspective, the agricultural sector has always been the largest user of freshwater.
The so-called Green Revolution (introduction of high-yielding plants), which began in the 1940s,
increased cultivated areas and water use for irrigation purposes (Finger et al. 2006: p. 26).
Developments in industrial sectors have increased the economic use of water. Today, industrial uses
account for about 20% of global freshwater withdrawals. Of this, 57-69 % is used for hydropower and
nuclear power generation, and 30-40% for industrial processes, like production of iron and steel. Since
the 1970s to 1980s, there is a tendency toward stabilizing and even decreasing industrial water
withdrawal due to energetic measures (Finger et al. 2006: p. 25).
Compared to agricultural and the industrial uses, domestic water use only makes up for a small
share of water consumption. However, during the last decades there has been a steady increase in
domestic water use. Urbanization is changing water use habits and people consume more and more
water in their daily lives. Whereas 30% of the world population lived in urban areas in 1950, the
proportion of urban dwellers rose to 47% by 2000. (Finger 2006: p. 26). By 2007 the world’s population
will be predominantly urban for the first time in human history. UN projections suggest that over the
next 30 years, virtually all of the world’s population growth will occur in the urban areas of low- and
middle-income countries. The world’s urban population is projected to grow by more than 2 billion by
2030 (Task Force on improving the lives of slum dwellers 2005: p. 11).
Originally, freshwater was seen as an ubiquity. Hence, water stress is expected to determine the
living conditions of two thirds of the world's population by 2025 (Morrison/Gleick 2004: p. 2). Most of
these people will be living in Africa, where about 300 million people are already affected by water
shortages (European Commission 2002: p. 1). In times of fast growing populations and decreasing
freshwater resources (per capita) arises the question, how water should be seen and treated. The
question of how water is to be treated - as a public or a private good, as a social or an economic good
- could not, to date, be answered unequivocally (Schlamp 2005: p. 23).
The nature of water as an economic good has been underlined in Principle Four of the Dublin
declaration:
"Water has an economic value in all its competing uses and should be recognized as an economic good
(ICWE 1992)."
It is further specified:
"Within this principle, it is vital to recognize first the basic right of all human beings to have access to clean
water and sanitation at an affordable price."
It is to conclude that the economic use of water has considerably increased since the beginning of
th
the 20 century and has therefore played more and more a critical role in the development of local and
national economies. However, these economic developments have given rise to a greater competition
between the different users to the extent of asymmetric water conflicts in river basins (see 1.1.2).
Furthermore, it is contended that past failure to recognise water as an economic good has lead to
"wasteful and environmentally damaging uses of the resource" (Dublin, 1992).
Treating water as an economic good, when allocating water, the economic target is to maximise its
value in use. The economic concept of allocative efficiency relates to the allocation of the available
water resources among competing uses such as agriculture, domestic and industrial water supply, and
ecosystem use (GWP 2006: p. 3). The allocation is “efficient” when the net benefits gained from the
use of water in these various ways are maximized. For example, if water can be used more
16
productively in the manufacturing sector than for irrigated crop production, it is economically more
efficient to reallocate water from agriculture to industry.
Allocative efficiency can be achieved through a range of measures that ensure that water is
allocated to the highest value uses (Zimconsult 2005: p. 5).
The different instruments which economics recognises for allocation and control of resources
generally fall into one of three categories (Zimconsult 2005: p. 4):
•
Command and control - systems of regulations, backed by fines or other forms of
sanctions, giving more limited access to resources or controlling their use.
•
Pricing - using prices as a signal to economic actors about the value of resources and
allowing the operation of the price system to determine resource allocation.
•
Rights - granting of legal rights over resources, typically giving exclusive access to the
rights holder.
The main problem with approaches from the category "command and control" is the lack of flexibility
they imply, with the danger of significant social costs arising as conditions change over time
(Zimconsult 2005: p. 19). Due to this reason they are not further discussed here.
Water pricing is one of the major instruments to be used to ensure efficient utilisation of water. When
resources are scarce, there is competition for it. To allocate water most efficiently, a fundamental
economic concept in this regard is opportunity cost, which can be defined as the value of the next
best alternative or opportunity which has to be foregone in order to achieve a particular objective.
Economic theory dictates that prices should be set to reflect opportunity costs, because in doing so the
price of a commodity (such as water) will reflect the value of what is forgone by using water for one
purpose rather than another (Wallace et al. 2003: p. 2017). However, it is recognized by the author,
that water allocation decisions based on opportunity cost cannot be used straightforward. For
example, calculation of opportunity cost suggests that the cultivation of higher-value (non-food) crops
would lead to a reallocation of water for that purpose. If this were taken to the extreme then water
allocation would cause a problem of food security.
With regards to water pricing, the Global Water Partnership (2000: p. 20) proposes not only to
include opportunity cost in the water price but also economic and environmental externalities (GWP
2000: p. 20) to achieve full cost recovery. It is to mention here, that externalities or external effects
are the economic background of asymmetric water use conflicts in a river basin. External effects
describe a situation, where the activities of a community influence another community. One has to
distinguish between positive and negative external effects. Negative external effects are prevalent, if
the activities of one community reduce the benefits of the other community, whereas positive external
effects augment the benefits of the other community (Feess 1998: p. 42).
In this sense, the way of treating a river by upper riparians can have far-reaching impacts on lower
riparians. Positive external effects occur, when the upper riparian take flow regulation measures for
generating hydro-energy, which serves the lower riparian as flood control measure, water storage
capacity for guaranteeing water availability during periods of drought and improvement in water quality
by reduced sedimentation (Schiessler et al. 2004: p. 13). However, negative external effects are
dominant in most of the cases in river basins. For example, the upper riparians are able to change
unilaterally the amount of river water flowing to lower riparians. Reduction may cause shortages and
17
augmentation can cause inundations. Furthermore, upper riparians can influence water quality by
pollution and thereby regulate the amount of water that can be used by the lower riparians. Such
asymmetries can be balanced out, among other measures, by monetary compensations (Sadoff et al.
2002: p. 49), which need to be reflected in the water price the producer of the negative external effect
has to pay.
Treating water as an economic good and recognizing the water pricing principle of full cost
recovery is one of the core values of the concept of sustainable development (Rieu-Clarke 2000: p.
573). Full cost recovery requires that economic, social, and environmental costs are taken into
account, and that all costs should be borne by the user. However, in order to satisfy the needs of poor
people (in monetary terms), the obligation of full cost recovery must be restricted in order to supply
clean water to domestic users at a reasonable price.
Figure 27 shows the full cost price model as proposed by the Global Water Partnership. The full
economic cost consists of: the full supply cost due to resource management, operating and
maintenance expenditures and capital charges, the opportunity costs from alternative water uses, and
the economic externalities arising from changes in economic activities of indirectly affected sectors.
Furthermore, it includes the environmental externalities associated with public health and ecosystem
maintenance.
Figure 26: General Principles for Costing Water
Source: GWP (2000: p. 20)
Apart from pricing water, granting rights to abstract and use water from public water sources is
another allocation mechanism for water (Zimconsult 2005: p. 4). Water rights can be permanent (from
inexhaustible sources) or contingent (from surplus water) and can be granted for either consumptive or
non-consumptive uses. Granting rights in perpetuity is not desirable, because it is important to have
the flexibility to adapt to changing conditions. The rights system has to be flexible enough to allow
changes over time in the pattern of water allocation, so that objectives such as equitable access and
optimal use of water (from a national economic viewpoint) can be consistently achieved.
Tradability of water rights introduces an element of competition into the allocation system.
Introducing competition, by allowing potential new rights holders to bid for water rights is likely to
produce an efficient result, because the highest value use of the water will be made by the person who
18
is able to make the highest bid for the rights (Zimconsult 2005: p. 19). Water markets require welldefined, tradable and enforceable water rights, a strong regulatory framework, and the infrastructure
necessary to transfer water from one user to another. Water markets tend to function well in waterscarce basins where large-scale users are engaged in high-value activities. California, for example,
successfully established water markets that enabled farmers to sell units of water they did not use to
cities during drought years. The farmers improved their water efficiency and the cities got the water
they needed (GWP 2006: p.6).
Box 1: Trading Water Rights in Australia
In Australia, water is owned by the Crown, and access to water is granted to users based on a
licensing system. In New South Wales, water abstraction of regulated rivers is metered and
monitored. The volume of water that every user can abstract is specified by a water license. Until
recently, water rights in most regions were attached to a specific parcel of land. Buying water rights
also meant buying the land to which it belonged. Nowadays, individual users can "purchase, sell, or
lease part, or all of their water allocation according to the estimated marginal value of the water to
them compared with the ruling market price (Pigram 1999: p. 8). Particularly when there are few new
licenses issued, this trade systems allows flexibility to water license allocation. Also, they encourage
efficient use of water in the water scarce country. In New South Wales, trading in water licenses was
already in practice in the early 1980s. Today, between 200,000 and 700,000 mega litres of licenses
allocation (on regulated rivers) are traded annually on a temporary basis. In 1989, permanent
transfers were introduced, and also trading on unregulated streams was made possible in 1998.
Additionally, a pilot scheme for inter-state trade in water has been introduced. The water market is
not yet fully developed in all parts of Australia, because of partly high transaction costs and
inadequate information (Pigram 1999).
Many countries lack the preconditions necessary for successful water markets. The idea of tradable
water rights in Africa remains controversial because of the large social disparities which exist and the
resultant fear that the rich and powerful will appropriate a disproportionate share of the water.
However, vulnerable groups which do not have enough resources to take part in bidding for the water
rights could be protected through direct allocations (Zimconsult 2005: p. 6).
This chapter shows that economics is concerned - among other issues - with the allocation of water
to meet the objective of efficient use of the water. Although, technocratic ways of addressing specific
issues can be formulated, there has to be the political will (symbolised by having effective institutional
structures in place) to put them into effect. The following chapter and its subsequent sections focus on
politics as one of the three disciplines from which this paper draws to solve asymmetric water conflicts
in the Athi River Basin. Focus lies on equitable sharing of water resources by co-riparians in river
basins.
19
2.3
POLITICS
This chapter seeks for ways to achieve equity in allocation of water resources. In this context it is
necessary to find an answer to the question "who is entitled to what water?". A right to water has not
yet explicitly entered the Human Rights and there are no concrete national and international legal
obligations and responsibilities for such a right. No express mention of water is made in the United
Nations Charter (1945). The right to water is often expressed within non-legally binding resolutions
and declarations, like the Stockholm Declaration (1972) and the "Mar del Plata Action Plan" (1977).
The World Summit on Sustainable Development in Johannesburg (2002) and the World Water Forums
(Hague, Bonn, Kyoto) failed to recognise a fundamental human right to water (Wallace et al. 2003: p.
49). In November 2002 the United Nations Committee on Economic, Social and Cultural Rights took
the step of agreeing on a “General Comment” on water as a human right:
"Water is a limited natural resource and a public good fundamental for life and health. The human right to water is
indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. […]
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible, and affordable
water for personal and domestic uses (Committee on Economic, Social and Cultural Rights 2000: p. 1)".
According to a World Health Organisation publication (Howard and Bartram 2003: p. 49), the
absolute minimum human requirements for water are 7.5 litres per capita per day. This is based on
"requirements of lactating women who engage in moderate physical activity in above-average
temperatures […] and does not account for health and well-being-related demands outside normal
domestic use such as water use in health care facilities, food production, economic activity or amenity
use".
Worldwide 1.1 billion people lack access to safe drinking water. In sub-saharan Africa about 288
million people do not have access to drinking water (Task Force on Water and Sanitation 2005: pp.
38-40) and in Kenya an estimated 40 per cent of the population face the same problem (UNDP 2005:
p. 49). In the view of these facts, the author do not like to miss the opportunity to stress the importance
of legally recognizing and fulfilling the human right to water.
However, this paper targets at the "right to water" each state in an international river basin is entitled
to according to international water law in order to be able to derive from these findings the "right to
water" for each district in the Athi River Basin in Kenya. International water law has developed
scientifically and internationally acknowledged water allocation rules for international transboundary
river basins on the principle of equity. It is the author's intention to draw from experiences in equitable
sharing of water resources in international river basins to find a solution for inequitable sharing of the
water resources in the Athi River Basin.
For more than 100 years, transboundary water conflicts are focussed by international law. For many
years, states have tried to solve water conflicts by bi- and multilateral treaties, acknowledging that
politics and management on water can not be limited to national borders (Barandat 2002: p. 34). This
chapter tries to reveal principles of international water law concerning the use of transboundary water
and, furthermore, most important international and regional water conventions.
River basin boundaries seldom correspond with administrative, political, climate or vegetative
boundaries. On the contrary, rivers have often been used as a political divide. At least 263
international river basins exist worldwide, covering almost half of the surface of the earth. Some 145
countries are classified as riparians to these transboundary basins, which are home to approximately
20
40% of the global population and provide about 60% of the total freshwater resources available to
humankind (Phillips, Jägerskog 2006: p. 4).
The complex physical, political, and human interactions within international river basins can make
the management of these shared water systems especially difficult. Issues of increasing water
scarcity, degrading water quality, rapid population growth, unilateral water development, and unequal
levels of economic and social development put co-riparian water relations at risk. The combination of
these factors has led academics and policy-makers to warn of conflicts over shared water resources.
With regards to commonly shared water resources, I agree completely with Phillips and Jägerskog
(2006: p. 3) by saying that
"[…] attaining a fair agreement is of the utmost importance, since quite apart from mitigating risks of
conflict, this would have the potential to affect the process of economic and social equalization between
(as well as within) the countries sharing a water body (Phillips, Jägerskog 2006: p. 3)"
Hence, development of water allocation rules was not easy in the water sector, since different
countries advocated - dependent on its specific hydrologic positions in the river basin - different
principles regarding water allocation conflicts. To better understand water allocation conflicts, these
principles are described as follows:
2.3.1
Principles
The principle of absolute territorial sovereignty (Harmon doctrine) allows a state to use - suitable
to its interest - all the water resources within its territory, since all water resources constitute integrated
parts of the public domain of that state. This doctrine clearly favours upper-basin states (Schiessler
2004: p. 21).
The principle of absolute territorial integrity is the direct opposite of the theory of absolute
territorial sovereignty. It says that lower riparian states have the right to continued and uninterrupted
(or natural) flow of the water from the territory of the upper riparian (basin) state. This theory favours
the lower-basin state (Finger et al. 2006: p. 30).
Both these principles have been criticized due to its extreme positions. Under certain circumstances,
these two principles can collide. Actual international negotiations are characterized by the intention to
balance these competing principles (Schiessler 2004: 21).
According to the limited territorial sovereignty and integrity, every state is free to use the waters
flowing into its territory, on the condition that such utilization does not prejudice the territory or interests
of other states. Contrary to the aforementioned principles and due to its acceptance of reciprocal rights
and obligations, this theory has been widely acknowledged and serves as a basis for following
principles (Schiessler 2004: p. 20).
The principle of equitable utilization proposes that each basin state has a right to utilize the
waters of the basin and is entitled to a reasonable and equitable share of the basins' water. This
principle takes into account the socio-economic needs of the basin states. It aims at distributing the
waters among the basin states to satisfy their needs to the greatest possible extent. And it seeks to
distribute the waters to achieve the maximum benefit for each co-basin state with the minimum harm
(Finger et al. 2006: p. 31).
Additional to this last mentioned principle there is an other principle, which has been acknowledged
21
as common law. The prohibition of significant environmental harm is expressed in the no significant
harm rule. According to this rule, states are obligated not to allow significant harm to human life and
health as well as to objects used by humans in another state. This prohibition is widely acknowledged
as a general principle of international law (Ipsen 1999: p. 909).
The principle of prior notification is derived from the principle of limited sovereignty and the nosignificant-harm-rule. The principle of prior notification obliges riparian nations to inform other riparian
nations before the realization of water projects, which could have consequences on their water uses.
This principle is seen as one of the most important ones to avoid international conflicts (Edig et al.
2002: p. 81).
These relevant rules of common law have been identified by international bodies, which guided the
international water law and fixed rules of common law.
2.3.2
International Conventions
During the last years, international water law developed and more than 150 international conventions
and bi- as well as multi-lateral treaties have been signed (Schiessler 2004: p. 27). The following two
sections look at internationally most acknowledged conventions concerning transboundary water
resources, namely the so-called Helsinki Rules and the ILC Rules.
2.3.2.1
The Helsinki Rules
Several legal principles concerning the sovereignty of states over water resources have evolved over
the years. The principle of equitable utilization permits use of a river's water to the extent that this does
no harm to other riparian countries. This principle has become the most widely advocated by the
international legal community, as evidenced by treaties, judicial decisions, academic research and
international bodies (Kliot 2001: 5).
The best expression of the principle of equitable utilization can be found in the "Helsinki Rules on the
Uses of the Waters of International Rivers" (Helsinki Rules), drawn up by the non-governmental
International Law Association (ILA) in 1966, which have become the accepted legal foundation for
utilization of international rivers.
The Helsinki Rules contain six chapters. The first chapter is a general chapter which defines the
term 'international drainage basin'. Chapter 2, which has five articles, deals with the equitable
utilization of the waters of international drainage basins; Chapter 3 formulates rules concerning
pollution. Chapter 4 deals with navigation in international river basins. The remaining two chapters
concern timber floating (Chapter 5) and procedures for the prevention and settlement of disputes
(Chapter 6) (ILA 1966).
For the development of water allocation rules for equitable sharing of commonly used water
resources, Chapter 2 of the Helsinki Rules is of special importance. Article IV in Chapter 2 states that
each basin state is entitled to a reasonable and equitable share of the benefits driving from the use of
the waters of an international drainage basin. Article V of the Helsinki Rules contains the following
eleven relevant factors involved in the equitable utilization of international river basins:
22
(a) the geography of the basin including, in particular, the size of the drainage area in the territory
of each basin state;
(b) the hydrology of the basin including, in particular, the contribution of water by each state;
(c) the climate affecting the basin;
(d) the past utilization of the waters of the basin including, in particular, existing utilization;
(e) the economic and social needs of each basin state;
(f) the population dependent on the waters of the basin in each state;
(g) the comparative costs of alternative means of satisfying the economic and social needs of
each basin state;
(h) the availability of other resources;
(i) the avoidance of unnecessary waste in the utilization of waters of the basin;
(j) the practicability of compensation to one or more of the co-basin states as a means of
negotiating settlements over conflicts among users;
(k) the degree to which the needs of a basin state may be satisfied without causing substantial
injury to another basin state.
In 1986, the ILA adopted three complementary rules to the Helsinki Rules. Article 1 called states to
prevent acts or omissions within one's territory that would cause substantial injury to any co-basin
states. Article 2 called for coordination in connection with water utilization and Article 3 called for
providing notice on any water projects to all the co-riparians (Kliot 2001: p. 10).
In continuation, the 1992 United Nations' Convention on the Protection and Use of Transboundary
Watercourses and International Lakes ("Helsinki Convention") (Convention 1992) constitute since
1992 an international law compendium for Europe.The principal standards of this compendium are:
•
recognition of interests and rights of other riparians and abandonment of a position of absolute
sovereignty and integrity in favour of a principle of limited sovereignty and integrity;
•
obligation to compensate in case of impairing interests of other nations;
•
cost-benefit-analysis in planning and development of projects to achieve sustainability;
•
information duty for riparians and transparent data exchange
•
regulation of objections by arbitrary commissions
The Helsinki Rules' criteria and priorities for different uses are not clearly defined. This seems to be
reasonable, since every river basin has its own and unique characteristics. However, framework
conditions and interests of every riparian are unique as well and, according to Barandat (2002: p. 35),
equalization among the riparians is only possible, if different claims with reference to population, share
of catchment area, etc. are valued and weighed in direct negotiations by all the co-riparians.
Whereas the Helsinki Rules do not have formal legal status they serve as guidelines for state
practice in various parts of the world. In Central Europe and North America, all legal treaties
concerning the use of transboundary river basins are based on the Helsinki Rules (Berg 1996, quoted
by Barandat 2002: p. 35), since societies are interlinked in many ways and thus, aim at acting for
mutual benefit.
23
2.3.2.2
The ILC Rules
Another international organization working on a set of rules for sharing international water resources is
the International Law Commission (ILC), a UN affiliated body. Since 1971 this organization has been
developing the Law of the Non-Navigational Uses of International Watercourses (ILC Rules), and by
1997 some thirty-two articles had been formulated and approved (ILC 1997).
Articles 1-4 are general articles which provide the basic definitions. Article 5 deals with equitable and
reasonable utilization of watercourse systems. Article 6 presents the following factors relevant to
equitable and reasonable utilization of transboundary water resources.
(a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural
character;
(b) The social and economic needs of the watercourse states concerned;
(c) The population dependent on the watercourse in each watercourse state;
(d) The effects of the use or uses of the watercourses in one watercourse state on other watercourse
states;
(e) Existing and potential uses of the watercourse;
(f) Conservation, protection, development and economy of use of the water resources of the
watercourse and the costs of measures taken to that effect;
(g) The availability of alternatives, of comparable value, to a particular planned or existing use.
Article 7 specifies the obligation not to cause significant harm. Articles 8 and 9 deal with the general
obligation of co-riparians to co-operate and exchange data and information. Articles 10-23 provide
framework for cooperation among co-riparians when they plan to develop international watercourses.
The Convention has not yet come into force, since it has not been achieved, that a minimum of 35
nations joined the convention. However, the adoption of the UN Convention on the Law of the NonNavigational Uses of International Watercourses in 1997 indicates that state practice regarding the
utilization of transboundary water for non-navigational use aim to follow the doctrine of equitable
utilization. Several case studies in Finger et al. (2006: p. 31) show that many governments recognize
the usefulness of this concept, but practice over transboundary water resources seems to be governed
by other imperatives, especially economic and political ones.
2.3.2.3
Constraints in solving asymmetric water conflicts by international law
Although international water law, like the Helsinki Rules or ILC Rules provide for prevention or
resolution of water sharing conflicts, such conflicts are still on the agenda. This is for several reasons:
The main obstacle in the realization of international law is still the question of national sovereignty.
Legal binding supranational conventions either fail or are only weak in its character, because the
actors involved see restrictions to their national sovereignty. As a result, most of the mutual obligations
not often exceed existing common law. Half of the treaties of water share agreements do not include
monitoring rules and not all of the riparians are included as a party of agreement (Wolf 2001: p. 62).
"There is no relative weight to each rule. For example, dependent population and social and economic
needs are more important in developing countries than in developed countries. Whereas rules which
refer to the cost of alternative usage, the practicality of compensation and the prevention of water
wastage are more easily applied to developed societies (Kliot 2001: p. 99)".
24
After negotiation and signing of a treaty further problems can evolve. After negotiation among the
states for an international treaty, each state has to proceed a ratification process within the country. In
case of the absence of such a ratification or if it fails, a final ratification to the international law can not
take place (Ipsen 1999: p. 109f).
An international law alone is not a guarantee for solving the underlying conflict in the sense of the
rules of the law. There is no supranational instance, which would be able to force the members of the
agreement to fulfil the rules they agreed on. Supranational organizations, like the International
Commission for the Protection of the Rhine against Pollution, the International Joint Commission
(United States and Canada), and the International Boundary and Water Commission (Mexico and the
United States) are still dependent upon states and have no real discretionary power over
transboundary waters (Finger et al. 2006: 16). Nor is there an efficient medium of the United Nations
to enforce conventions or other measures against the interests of single states (Schiessler 2004: p.
27-28). To date, no evolution toward institutional structures with significant powers for joint
management of internationally shared water resource has been implemented.
One particular element of interest relating to the management of water resources remains unclear.
International water law tries to equally share common water resources, but do not refer to the
extension of the term "water resource". A conceptual distinction can be made between "blue" and
"green" water. Water that is used directly for biomass production and “lost” in evapotranspiration is
called “green water” and water flowing in rivers and aquifers is “blue water” (GWP 2000: p. 24). The
conception of so-called ‘virtual water’ goes even further. This comprises the water used to produce a
primary crop or secondary food, or even the water utilized in industrial manufacturing processes. In
this regard, patterns of trade can be analysed to investigate the ‘hidden flows’ of water through such
items (Phillips, Jägerskog 2006: p. 18). In this regard, Wouters (2000: p. 204) promotes consideration
of each factor concerning equitable sharing of common water resources from the Helsinki and ILC
Rules, since it facilitates consideration of "blue", "green", and "virtual" water.
Taking into account the aforementioned considerations, it seems logic when Schiessler (2004: p. 30)
states, that international water law only provides insufficient mechanisms for a final regulation of water
conflicts. However, it can be seen as a guideline and hence, can be useful in evaluating the legitimacy
of several positions.
2.3.3
Application of the Helsinki and ILC Rules to river basins
This section focus on the suitability and applicability of the Helsinki and ILC Rules to river basins. As
the principles of the Helsinki and ILC Rules are accepted as an appropriate standard for water sharing,
it could be interesting to assess the impacts of the positive applications of these principles as well as
the potential for conflict when the principle of equitable allocation is abandoned.
"The reasonable and just application of the Helsinki Rules necessitates, first, in-depth data collection
which will specify the exact needs of the population within the basin and the exact availability of
resources outside the basin (Kliot 2001: p. 99).
The greatest disadvantage of the Helsinki and ILC Rules in their application to river basins is that
they are non-discriminatory by time and space. Within the riparian states there are regional disparities,
and some regions, in some cases outside the basin, have more urgent needs than the areas included
25
within the river basin. Moreover, the needs of riparians may change with time, a fact to which the
inflexible Helsinki and ILC Rules cannot relate.
Kliot (2001: pp. 175-264) used a case study approach to analyse applicability of the Helsinki and
ILC Rules in the Nile River Basin, the Euphrates and Tigris River Basin, and the Jordan-Yarmuk River
Basin. The main findings of the analysis on the Jordan-Yarmuk River Basin can be read in Box 2.
Box 2: The Helsinki and ILC Rules in the Jordan-Yarmuk River Basin
The Jordan-Yarmuk River Basin represents an extreme case of an international river with a very
small amount of water fought over by Israel and its Arab neighbours (Chatterji 2002: p. 49). The
Jordan River and its major tributary, the Yarmuk, is a clear manifestation of hydropolitics and the
dangers it presents for international river basins.
The Jordan has a modest flow discharging 580 million m³ of water while an additional 475 million
m³ is discharged by the Yarmuk. The co-riparians to the rivers are Syria, Lebanon, the Hashemite
Kingdom of Jordan, the Palestinians and Israel.
The Syrian, Jordanian and Israeli need for drinking and irrigation water is large. While Syria has
alternatives to the Yarmuk, mainly in the Euphrates tributaries, both Israel and Jordan are highly
dependent on the Jordan-Yarmuk waters, and this also includes the fast growing Palestinian
population of Gaza and the West Bank. The State of Israel pumps water within the West Bank for
Jewish settlements which deprives the Palestinians of their water resources (Kliot 2001: p. 264).
Israel, in the absence of any agreement with the Palestinians or the Arab states, has expanded its
utilization of the mountain aquifer and Yarmuk.
As a result of drought the water discharge of the Jordan River can reduce by 40 per cent (like from
1987-90 in Israel, Jordan and Syria). Jordan has an annual water deficit of about 200-300 million m3
(water deficit is defined as an unbridged gap between water supply and demand). Generally water
scarcity is produced by droughts but it is also produced by over-utilization of the existing water
resources such as groundwater resources. Water rationing is very common in both Jordan and
Israel. Severe water shortages are also apparent in Syria.
The total contribution by the Arab countries to the Jordan-Yarmuk system is estimated at 77 per
cent while the Israeli contribution is 23 per cent (Kliot 2001: p. 186).
The existing patterns of water utilization clearly show that Syria and Israel have extended their
utilization of the Jordan-Yarmuk water to such a degree that it has upset the water supply of Jordan
and the Palestinians (Kliot 2001: p. 262). Looking at the social and economic indicators which
characterize the co-riparians we can see a rapid pace of population growth in Syria and Jordan (and
the Palestinians). Israel's population has also expanded at a rapid pace due to immigration from the
former Soviet Union and from Ethiopia. The availability of other resources, and particularly the
viability of its economy, puts Israel in a better position than its Arab neighbours or the Palestinians.
All the co-riparians to the Jordan basin are remiss because of wasteful and non-economical patterns
of water utilization (Kliot 2001: p. 263).
One can state, that the Jordan's waters add another dimension to the multifaceted conflict
between Arabs and Jews. The pressure of the co-riparians for the limited waters of the JordanYarmuk River Basin is enormous, and this has led to over-utilization of the drainage basin. As a
26
result skirmishes between Israel and Syria over the utilization of the river were frequent during the
early 1950s and early 1960s.
There is no all-inclusive agreement common to all the co-riparians over the division of the water
from the Jordan-Yarmuk river system, but there are partial agreements and quasi-agreements
between pairs of states such as Syria and Jordan and Israel and Jordan. Almost all the past water
resources development plans, except for the Johnston Plan, have ignored the principles of equity as
a result of which Syria, Lebanon and Israel often receive less water than they are entitled to
according to their geographical features and needs (in the sense of the Helsinki and ILC Rules).
Many of the past water projects and certainly the present water projects have aimed at consumptive
use of the drainage basin - particularly for irrigation. As water usage is expanding very rapidly
among all the co-basin states, the competition over the scarce water is increasing.
The conflict over the Jordan's water is not one that is in the process of developing. Here the
conflict has determined the behaviour of the co-riparians for almost forty years. The worsening
situation of water supply among all the co-riparians - the result of consecutive drought and an
accelerated population growth - is only going to increase the magnitude of the conflicting interests of
the co-riparians. The scarcity of water in the Jordan-Yarmuk system has made water supply a
strategic issue related to the national security of the partners to this basin. (Kliot 2001: p. 173)
In the Jordan-Yarmuk basin where the great dependence of the partners on the modest water
resources of the rivers combined together with the old Arab-Israeli conflict can very easily ignite the
situation into war (Kliot 2001: p. 266 The key to success in the application of the Helsinki Rules and
ILC Rules to the Jordan-Yarmuk basin is the minimization of contact between the hostile coriparians. The geomorphology and hydrology of the basin make it possible to separate the northern
and southern sub-basins of the Jordan-Yarmuk basin, establishing only three co-riparians in each of
the sub-basins.
According to its climate, Lebanon would not need to receive any water allocation from the JordanYarmuk. But since it controls part of the drainage basin and one of the Jordan's source of its water, it
is entitled to be included in any equitable water allocation of the Jordan-Yarmuk waters. Syria and
Israel, according to their relative portions in the drainage basin, river channel and water contribution,
are entitled to most of the waters of the northern basin. In the southern basin Syria and Jordan are
the major co-riparians and Israel a minor one according to climate, hydrography and geography in
their respective parts of the basin.
2.4
2.4.1
PRE-REQUISITES OF SUCCESSFUL MANAGEMENT OF WATER RESOURCES
Cooperation between riparians
Between 1948 and 1999, in the 263 transboundary river basins worldwide there were in total 1831
conflictive and cooperative incidents. 1228 were cooperative, 96 neutral, and 507 conflictive (Wolf et
al. 2003). In the view of these facts one may conclude that cooperation and not conflict is the rule
regarding international relations on water. Lautze (2005) provides a comprehensive collection and
analysis of status of African transboundary water agreements. Of the 153 water agreements in over 20
27
of Africa's 59 international watersheds, only 108 of the total can be considered substantive with
respect to transboundary water resources issues. Lautze (2005: p. 1071) assumes, that a large
number of the substantive agreements were never implemented in practice or are no longer in force.
Box 3: The South eastern Anatolia Project (GAP)
Political disputes between Turkey, Syria, and Iraqi show the importance of cooperation between
nations regarding sharing of transboundary waters.
Both the rivers Euphrates and Tigris have their origin within Turkey and the catchment areas of the
rivers collect most of the water (88,7% of Euphrates, 51,8% of Tigris) on Turkish territory (Struck
2002: p. 125). Downstream nations Syria and Iraqi only contribute little to total water flow in the
mentioned rivers. The natural temporal flow regime is unsuitable and even destructive for irrigation
agriculture in the downstream nations Iraqi and Syria. Due to water storage projects between 1956
and 1978, Syria and Iraqi were able to create further irrigation possibilities on the one hand and flow
regulation/flood protection measures on the other hand.
Until the 1990s, Turkey used Euphrates and Tigris water only for small irrigation agriculture
projects. In Turkey, the development project South eastern Anatolia Project (GAP) includes water
projects like the Keban and Karakaya dams, which were constructed in the 1970s to generate
hydropower. The large Atatürk dam was filled 1990 to irrigate big areas and to produce power.
Further irrigation and hydropower projects are envisaged within the GAP to promote less developed
regions in Turkey.
Concerning the water resources Euphrates and Tigris, the riparian nations Turkey, Syria and Iraqi
have different water development and utilization plans and no integrated development strategy
exists. For example, plans to abstract water from river Tigris in Turkey to export it to countries with
water shortages are not yet realized and once realized, may generate water use conflicts with
downstream nations Syria and Iraqi, where the river's water is supposed to be used to create social
and economic wealth.
The three nations claim water of the rivers Euphrates and Tigris for utilization to the extent, that
overall demand is higher than water availability (Struck 2001: pp. 125-145). Turkey is the most
upstream nation in the river basins of Euphrates and Tigris and every change in water quantity on
Turkish territory affects flow regimes in the downstream nations Syria and Iraqi. Although no
consensus has yet been found on equitable water sharing or reasonable water utilization, at the
moment there is no rival conflict between the riparian nations. Hence, the hydrologic asymmetry (as
described in chapter 1) has caused mistrust and hindered cooperation between the riparians to
prevent potential water use conflicts.
According to Struck (2002: p. 144), it is still an important task to intensive irrigated agricultural
production in the peripheral region in Turkey to sustain a rapid growing population. Therefore,
interregional cooperation in water concerns (among others) is a prerequisite to achieve success in
establishing a prosperous transboundary region according to the targets of the South eastern
Anatolia Project. Although reliable technical data support compatibility of the nations' interests in the
commonly shared water resources, political motivated mistrust render cooperation more difficult.
According to Barandat (2002: p. 44), a cooperative solution would be very important, but probably
28
may not be achieved, since Turkey is not likely to ratify the ILC Convention on the Law of the NonNavigational Uses of International Watercourses (see 2.3.2.2).
Box 4: Sub-basin cooperation in the Nile River Basin
A good example of sub-basin cooperation with all its difficulties can be observed in the Nile River
Basin. The Nile River is the longest international river in the world (6,825 km). It passes through ten
countries in the North eastern section of Africa - Rwanda, Burundi, Zaire, Tanzania, Kenya, Uganda,
Eritrea, Ethiopia, Sudan and Egypt - before reaching the Mediterranean Sea. The White Nile and the
Blue Nile are the two main tributaries of the Nile. The White Nile generally flows north from its major
source, Lake Victoria in the east central Africa, through Uganda and into Sudan. From Sudan, the
White Nile meets the Blue Nile at Khartoum, which rises in the Ethiopian highlands. Then from the
confluence of the White and Blue Nile, the river flows northwards into Egypt and on to the
Mediterranean Sea. The Ethiopian highlands provide 86 per cent of the Nile flow, while the
Equatorial Lakes Region provides only 14 per cent (Swain 2002: p. 146). The Nile Basin is faced
with a reduction of water flow and an inequitable distribution of water.
In 1995, more than half of the 287 million total population of the Nile relied on the Nile River. The
region must also cope with the rising needs of agro-based economies as, for instance Egypt and
Sudan depend heavily on irrigation for the well being of their economies. Nile water remains a
scarce resource for both Egypt and the Sudan. If both countries but especially Egypt, insist on
carrying out all their plans for agricultural, municipal and industrial water expansion, both will face
severe water deficits.
Egypt's stand in relation to the development and utilization of the Nile started with the adoption of
the doctrine of absolute territorial integrity (see 2.3.1) which gave priority to its historic rights to the
Nile waters. With the support and encouragement of Great Britain, the various Century Storage
Plans, the Jonglei Canal and other projects all gave priority to Egyptian needs. The 1929 Agreement
to share the Nile's water still reflects Egyptian adherence to the doctrine of absolute territorial
integrity.
Only in the 1959 Agreement did Egypt distance itself from this doctrine and accepted more the
principle of equitable allocation of the Nile's water especially in relation to the Sudan (Kliot 2001: p.
51). The quantities of water actually used by Egypt up to the date of the Agreement constituted the
established rights of Egypt (48 billion m³ annually) and Sudan (6 billion m³). (Kliot 2001: p. 84-85).
The 1959 Agreement also finally established the linkage between the varied policies of Egypt and
Sudan which formed the foundation for adopting a common policy against the other co-riparians of
the Nile. Ethiopia and the East African states were not invited to any of the negotiations of the 1959
Agreement. In this agreement, future Ethiopian requirements from the Blue Nile were not specifically
taken into account. Ethiopia and the Equatorial states do not recognize the validity of the 1929 and
the 1959 Agreements since their rights for Nile water were not acknowledged (Collins, quoted by
Kliot 2001: p. 86). The upper riparians have on various occasions made it clear that they reserve
29
their rights to Nile water. Ehtiopia declared this in 1956, 1977 and 1980. Kenya, Uganda and
Tanzania adopted a similar policy (Kliot 2001: p. 86).
Sreenath (2002: p. 526) created a scenario, where Ethiopia in the year 2050 considerably
increases use of Nile water for irrigation, leaving little water for downstream riparians. In such a
situation, the available water in Egypt will consequently decrease and lead to water shortages.
The only other agreement in the Nile basin is the Kagera Basin Agreement between Rwanda,
Burundi, Tanzania and Uganda, being a multi-purpose agreement. The objectives of the agreement
are hydro-power development, the provision of water for municipal, industrial and agricultural use,
the development of fisheries trade and transport, and environmental protection (Kliot 2001: p. 85).
It is to conclude, that the legal status of present agreements concerning the Nile basin are not
recognized by all co-riparians. (Kliot 2001: p. 86).
The experiences in the Nile River Basin and the Euphrates-Tigris River Basin make clear, that
cooperation over shared water resources is necessary to successfully manage commonly shared
water resources. The establishment of the Indus Water Commission in 1960 between India and
Pakistan, for example, fostered bilateral cooperation over water, despite two wars and continued
political conflict between the two states. The Mekong River Committee, established in 1957 among the
four lower riparian states of Thailand, Cambodia, Vietnam, and Laos resulted in continued waterrelated data exchange by the member states, even during the Vietnam War.
In regions in Western and Central Europe as well as in North America, where there are no water
shortages, regimes for cooperative utilization of transboundary water resources have evolved since
th
beginning of the 20 century. The International Commission for Protection of the River Rhine against
Pollution, established by the riparian nations Switzerland, France, Germany, Luxembourg and the
Netherlands, can be seen as a successful model of cooperation (Barandat 2001: p. 182). There are
comparable regimes for the Bodensee, the Danube, the Elbe, and the Oder. It is to note, that in
western industrial nations, safeguarding of water quality is more often the main purpose of cooperative
regimes than distribution of water.
It is to note that achievement of cooperation does not automatically solve the underlying water
problem, since cooperative actions not always proceed smoothly. Failure to cooperate is usually
explained by (a) technical complexity of the cooperative project, (b) ill defined rights and
responsibilities of each riparian, (c) existence of differing goals that can not be represented by a
simple balance of costs and gains to the riparians concerned, (d) existence of wider considerations
among the riparians and other stakeholders, (e) asymmetric information, and (f) enforcement limitation
(Dinar 2001: pp. 20-21).
Potential conflicts between upper and lower riparians reflect the patterns of power distribution,
historical conditions and regional competition for power. To overcome these power asymmetries and
related inequalities in sharing common water resources, it is not only important to enhance
cooperation between the riparians, but also to guarantee, that all co-riparians are envolved in
negotiations of agreements on sharing the common water resource. Furthermore, it is of importance
that every stakeholder has the possibility to take part in decision-making processes concerning
allocation of water resources.
30
2.4.2
Participation of all stakeholders
Public participation as a further core value of the concept of sustainable development (Rieu-Clarke
2000: p. 573). It is consistent with need for taking a holistic approach to water development. Public
participation involves giving all interested parties access to information concerning water resources,
enhancing awareness of the importance of freshwater, and providing mechanisms for effective public
participation in administrative and judicial proceedings (Dublin, 1992).
The Commission on Sustainable Development (CSD) elaborated comprehensive and detailed
recommendations for Integrated Water Resources Management and with regard to public participation
it declares:
"IWRM should integrate the interests of all users and stakeholders on a local, regional, national and
international level in relation to water quality and quantity and ensure effective community involvement at
all levels and at all stages of the process (CSD Final Report. Document E/CN.17/1998/11)."
The Common Property Resources Management Theory (CPRMT) explains the necessity of this
requirement. Within this theory, a "common" resource is one to which no single decision-making unit
holds exclusive title. This means that it is owned by no one or by everyone. The crucial characteristics
of common property resources are that property rights to parts of the resource cannot be defined and
enforced, so that some authors have considered water a common pool resource.
The purpose of CPRMT is to conceptualize how individuals and groups can organize themselves to
govern and manage common property resources. Furthermore, it intends to develop a theory of selforganization and self-governance in a specific area, generally related to specific resources (e.g. water,
forests, and fisheries). CPRMT considers cases where every stakeholder is directly affected by what
the others do, which means that each individual or group has to take into account the choices of the
others when assessing personal choices (Ostrom 1990: p. 38).
Applied to the water sector, CPRMT focus on the conditions under which local institutions are
employed to manage local water resources. The development of water users associations are more
and more viewed as a successful path in fostering sustainable development of common water
resources (Finger et al. 2006: p. 17). The initiatives of collective action through water users
associations regarding property rights certainly represent new approaches to sustainable local
management and responsibility.
Kallis (2006) tested the applicability of three participatory methods for water resource planning. He
confirmed, that
" […] although the procedural benefits of participatory methods are strong, there are important limitations
to their instrumental contribution to decision-making. This can be the result of structural socio-economic
and political barriers but may also reflect deficiencies in methods and foundational limitations of
participatory decision-making. The latter relate to: making scientifically sound decisions in a context of
limited data and knowledge and high complexity and uncertainties; power, resource, and information
asymmetries (Kallis 2006: p. 232)."
For example, in the Mekong River Basin there is a gap between theory and practice with regards to
public participation in water projects. Access to information and participation are theoretically
guaranteed, however, public society often is confronted with already taken decisions. Though, there is
a change in politics of public participation in the context of the Mekong River Commission, which
31
should inform and effectively represent public interests (Chomchai 2003, quoted by Schiessler 2004:
p. 74).
Generally, there is a growing emphasis on the involvement of stakeholders and the public in water
resource planning and decision-making (Global Water Partnership 2000). In Europe, participation in
water resource planning is enhanced by the Water Framework Directive (WFD). This calls for "active
involvement" of all interested parties in the implementation process and particularly in the production,
revision, and updating of River Basin Management Plans (Article 14; Council of the European
Communities 2000). Planning methods that combine public participation with decision-making
functions are increasingly in demand (Commission of the European Communities 2002).
An example of successful participation in water management is the Danube Protection Convention
(1994), which was elaborated by the public, NGOs, journalists, and local authorities (Wolf 2001: p. 68).
Participation of interest groups in management of the Danube River Basin in Europe occurs in different
ways on different levels. There is, e.g. successful participation of the publicity by direct cooperation in
municipalities or involvement in representative organizations on international level (Schiessler 2004: p.
75).
3
STATUS OF THE ATHI RIVER BASIN: A COMPREHENSIVE LOOK
As it could be observed in chapter 2, water use conflicts between communities due to competition over
shared water resources are common, and may occur even when water resources are reasonably
abundant.
As it was already described in 1.1.2, in the Athi River Basin in Kenya water shortages constitute
water conflicts in times of drought. Sound rules for water allocation between the co-riparians of the
river basin need to be developed in order to enhance ecological sustainable, efficient and equitable
use of the basin's water. To create such allocation rules according to the requirements of Integrated
Water Resources Management it is necessary to collect general data on the Athi River Basin (e.g.
about the physical environment and the socio-economy) as well as specific hydrologic data in order to
get a representative picture of the entire river basin.
Furthermore, data collection for developing allocation rules for a river basin can be guided by the
relevant factors for equitable utilization of water resources as described in the Helsinki and ILC Rules
(see 2.3.2.1 and 2.3.2.2). There is no existing comprehensive study on the Athi River Basin. The main
challenge of a comprehensive study is to regard climatic, ecological and socio-economic factors and
correlations with respect to the hydrologic cycle. Keeping this in mind, this chapter tries to provide
extensive data on the Athi River Basin. However, it falls outside the scope of this work to provide
complete and exhaustive data and information on all relevant factors concerning equitable sharing of
water resources.
This study is interdisciplinary in nature, since information was derived from many different scientific
disciplines. The Athi River Basin is the unity for hydrologic data and those on water resources in
general. Data from other disciplines, like economy, or demography are only available on district level,
since districts are the administrative unities for several projects and development plans in Kenya.
Apparent is the limitation of data availability. Although data from several project sites and published
32
reports are used in this study, a lot of required data are still unavailable.
3.1
GEOGRAPHIC LOCATION AND ADMINISTRATIVE BOUNDARIES
The Athi River Basin lies in the East African country Kenya. Athi River Basin (see figure 8) comprises
the southern part of Kenya east of the Rift Valley, draining the southern slopes of the Aberdare Range
Forests and the flanks of the Rift Valley to the south to form the Athi River which in its middle reaches
is known as the Galana River and in the lower reaches as the Sabaki River.
From an administrative standpoint there are several boundaries within the Athi River Basin. For
administrative purposes Kenya is subdivided into eight provinces and 70 districts. The districts are
subdivided into locations and sub-locations. The area of the Athi River Basin includes parts of different
provinces and its subsequent districts as shown in Table 2.
Table 2: Provinces and its Districts within the Athi River Basin
Provinces
Districts
Area
Provinces
Districts
In sq Km
Nairobi
Nairobi
696
Central
Kiambu
Thika
Rift Valley
Kajiado
Eastern
Machakos
Kitui
Makueni
Area
In sq Km
Coast
Malindi
7,751
1,324
Kilifi
4,779
1,960
Mombasa
21,756
6,281
Kwale
230
8,295
Taita Taveta
17,128
Total
98,568
20,402
7,966
Source: Population and Housing Census 1999
Administrative boundaries of the districts in the Athi River Basin seldom coincide with those of the
river basin. Figure 9 shows administrative boundaries as well as drainage basin boundaries. This map
was the only one available, showing both these different kind of boundaries. It is to mention that this
map is provided by the newly established Water Services Board and also shows service areas of
regional Water Services Boards. The map does not name the drainage basins, hence they can be
derived from figure 8.
The Athi River Basin covers an area of 66,837 km² (National Water Master Plan 1992), whereas all
the districts located in the basin cover an area of 98,568 km². There was no information on the size of
the drainage area in the territory of each basin province or district and information is lacking about
locations or sub-locations residing within the Athi River Basin.
33
3.2
3.2.1
THE PHYSICAL ENVIRONMENT
Relief
The Athi River Basin comprises of an area, which is characterized by steady decreasing heights from
the western border of the river basin - the edge of the East African Rift Valley with Mountain Endoinyo
Narok in the Athi Plains (2025 metre) (see figure 3) to sea level of the Indian Ocean, whose shoreline
forms the basin's eastern border.
3.2.2
Climate
Kenya lies across the equator and experiences wide variations in climate due to its wide variety of
landforms. A relatively wet, narrow tropical belt is prevalent along the Indian Ocean Coast (figure 5),
with large areas of arid and semi-arid lands (ASALs) behind the coastline. More than 80 per cent of
the total surface area is ASAL (WRMA 2005: p. 8) After the ASALs the land rises steeply to the
highland plateau through which the Rift Valley runs. All the mountain ranges in the area have high
rainfall, although dry areas are found in the valleys. Western Kenya, east of the Rift Valley is also wet.
The country has a mean annual average rainfall of about 630 mm, which varies between 200 mm in
the ASALs to 2,000 mm in the high mountain ecosystems (Gerlach 2005: p. 2).
Jaetzold (1983) provides in his Farm Management Handbook detailed maps, which show mean
annual rainfall on a district level. These maps are very helpful to calculate the amount of water each
district contributes to the water resources of the Athi River Basin.To get an overview on rainfall in the
river basin, table 3 gives a summary on mean annual rainfall in the Athi River Basin.
Table 3: Overview on Rainfall in the Athi River Basin on District Level
District
Information
Nairobi
The urban region Nairobi receives between 800 and 1,200 mm per year
Kiambu and Thika
The district receives per year between 600 and 2,000 mm rain
Kajiado
Most of the district receives less than 400 mm per year, except for two
areas in southeast, where average annual rainfall is 500 to 1,000 mm
per annum.
Machakos
Rainfall is regionally very different and the total annual averages ranges
between 500 and 1300 mm.
Kitui
Annual average is between 300 and 1150 mm in different regions. There
are some hills catching some clouds in the northwest. Most of the
district's area receives between 300 and 700
Makueni
Most of District receives between 650 and 800 mm per annum. There
are also mountainous regions (northwest and southwest of the district)
receiving between 900 and 1200 mm
Kilifi and Malindi
The average annual rainfall decreases from the coast, which has 900 1,000 mm eastward to an average of between 400 and 500 mm in the
hinterland.
34
Mombasa
The urban region Mombasa District receives about 1,000 mm per year
Kwale
Kwale is dominated by a zone of about 35 km from the sea to the
hinterland, with over 800 mm p.a. rainfall usually. The rest of the district
receives between 500 and 800 mm per year.
Taita Taveta
Most of the area is dry, receiving 300 to 500 mm rain per year. There are
some rain catchment areas, like the Taita Hills, where annual average
rainfall is between 700 and 1,200 mm. Rainfall quickly drop below 500
mm a few kilometres away from the mountains.
Source: Jaetzold (1983)
The seasonal northward and southward movements of the Intertropical Convergence Zone (ITCZ)
controls the country's climate. The ITCZ produces two rainy seasons, in April to May (long rains), and
October to November (short rains). Extreme climatic events such as droughts and floods are
associated with anomalies in the general circulations. The complex Kenyan topography, inland lakes,
moisture from the Congo Basin and the Indian and Atlantic Oceans modify the patterns of the
monsoon winds so that there is never a year or season when the whole region receives normal rainfall
and does not have any droughts. The El Nino Southern Oscillation (ENSO) events, either El Niño or
La Niña, have a strong influence on the general air circulations and rainfall patterns and cause either
floods or droughts (UNEP, GoK 2000: p. 10). The El Niño events often change to La Niña, hence the
1997 to 1998 El Niño heavy rains were followed by the 1999 to 2000 La Niña drought.
The United Nations Environment Programme (UNEP) (GOK, UNEP 2000: p. 9-10) recorded that
Kenya between 1998 and 2001 suffered from what has been called the worst drought in living memory
caused by the continuous failure of rainfall. Six of eight provinces were affected including those not
normally affected by drought. This caused a severe water shortage that affected the agricultural and
industrial sectors and resulted in acute human suffering and, animal and vegetation devastation.
Traditional methods were totally ineffective in coping with the drought, so that the Government of
Kenya declared it a national disaster. However, droughts have been recorded (UNEP, GOK 2000: p.
18) from 1883 to now and occurred in all districts within the Athi River Basin.The large rainfall
variability, therefore, makes the area of the Athi River Basin a region with permanent climatic
problems.
Climate concerns are playing an increasing role in local and regional debates over effective water
management. It is increasingly apparent and accepted, that water planners and managers can no
longer ignore climate in long-term development of water resources. Climatic impacts at the
international and national level have been well researched, but far less information is available on
regional and local impacts (Gleick 2004: p. 158). Gleick states, that climate change is a scientific
reality.
Modelling results from large-scale general circulation models of the climate (GCMs) are consistent in
predicting increases in temperatures globally with increasing concentrations of atmospheric CO2 from
human activity. There are still uncertainties about changes in precipitation regarding climate changes.
Until better precipitation forecasts are available, uncertainties about runoff timing, the impacts of
35
storms and droughts, and water supply and demand will remain. Increasing average temperatures
generally lead to an increase in the potential for evaporation, though actual evaporation rates are
constrained by the water availability on land and vegetation surfaces and in the soils.
According to Gleick (2004: p. 163) some of the most important impacts of climate change will result
not from changes in averages (temperatures, precipitation patterns, and so on) but from changes in
extremes. Efforts to understand how natural patterns of variability, such as El Niño/La Nñia events,
affect water resources in the Athi River Basin help to identify vulnerabilities of existing systems to
hydrologic extremes.
River runoff is directly affected by changes in precipitation and temperature. Runoff reflects multiple
climatic factors, which makes it an important indicator of climatic variability and change. (Changnon
and Demissie 1996, quoted by Gleick 2004: p. 163).
3.2.3
Land cover and soils
The soil types in the country vary from place to place due to topography, the amount of rainfall and the
parent material. The soils in western parts of the country are mainly highly weathered and oxides. The
soils in central Kenya and the highlands are young and of volcanic origin. The soils in the arid and
semi-arid lands are characterized with pockets of salinity, low fertility and vulnerability to erosion.
Coastal soils are low in organic matter (Jaetzold 1983: p. 85).
Jaetzold (1983) provides detailed information on soil distribution and fertility in Kenya. Soil maps exist
for every district (except for urban areas like Nairobi and Mombasa) and are categorized by fertility
groups and also show serious limitations to cultivation (like steep slopes, shallow soil, or saline soil).
Soil fertility groups vary considerably within the Athi River Basin. With regard to development of water
resources management plans for the Athi River Basin it is necessary to know how much water is used
by plants in different soils for either rain-fed or irrigation cultivation. Information derived from the maps
of Jaetzold (1983) can be used to calculate e.g. future water demands in the agricultural sector, which
is a major water using sector in the Athi River Basin.
3.3
3.3.1
SOCIO-ECONOMY
Population
Population in Kenya was 28,686,607 in 1999 (CBS 2000: p. 29). The population rose from 5.4 million
in 1948 to 8.6 million in 1962 and to 15.3 million in 1979. The population growth rate has declined from
3.9% per annum during 1969-79 to 2.9% during 1989-99. The fertility level has risen from 6.5 births
per woman in the early 1950s to about 8.1 in the early 1980s and fallen to 4.4 in 1998 (GoK 2003:
Millennium Development Goals: p. 22). Meanwhile, the death rate has been steadily declining due to
improved health care and sanitation. Life expectancy at birth has increased from 49 years in 1969 to
54 years in 1979 and 57 years in 1999 and has fallen to 46.4 years in 2003 (GoK 2003: Millennium
Development Goals: p.9).
It was calculated from the year 1999 population census, that there are in total 7,034,739 people
36
living in the Athi River Basin (JacobsGIBB 2003: p. 1), but no information was available on people per
district living in the river basin. Table 4 shows that in 1999 there were 8,366,219 people in the districts
of the Athi River Basin. It can be derived from these figures that more than 1.3 million people in these
districts lived in other river basins than in the Athi River Basin.
Table 4: Number of Persons in the Districts of the Athi River Basin (1999)
Kilifi
544,303
Mombasa
665,018
Malindi
281,552
Machakos
906,644
Kwale
496,133
Makueni
771,545
Taita Taveta
246,671
Kiambu
744,010
Kitui
515,422
Thika
645,713
Kajiado
406,054
Nairobi
2,143,154
Total
8,366,219
Source: Population and Housing Census 1999
3.3.2 Land tenure
Since most of the people in the Athi River Basin are engaged in agriculture and pastoralism (see
3.3.3.1), land is a very important asset for sustaining livelihood in the river basin. To understand
current land tenure systems in Kenya, this section briefly describes its latest development.
The land reform in Kenya is one of the oldest in Africa. It began during the colonial period (18881963) as a result of a report prepared in 1954 by the then deputy Director of Agriculture, R.J.M.
Swynnerton, on how "to intensify the development of African agriculture in Kenya" (Kirinyaga 2000: p.
8). The Swynnerton Plan (as the report is widely known) aimed at the privatization of land ownership
through the displacement of indigenous land tenure systems in the native reserves and their
replacement with a private property rights system along the lines of British land law. The "scheduled
areas" (the white highlands) had already been re-organised along these lines. This kind of
reorganization, however, produced a lot of problems.
In 1961, the Kenya government bought a million acres of land ('Million Acre Settlement Scheme')
from the former European settlers and resold them to the Africans. These schemes were mostly for
the small-scale farmers and were expected to provide a substantial increase in agricultural production
and employment. During the period of the first presidency after the colonial period of Kenyatta (19631978) former European farms were transformed into small-scale farms or cooperatives (Korir-Koech
1991: p. 27). The land transfer provided opportunities for Africans to acquire and purchase large
plantations producing coffee, tea and sisal or for ranching as well as large-scale mixed farms, formerly
owned by the European settlers. Though, the post-independence government simply retained the
colonial land laws. This led to growing socio-economic inequalities in Kenya. President Kenyatta
established patronage network that rewarded some of his clients with grants of public and former
settler lands.
The final phases of the resettlement programme in terms of fresh land units continued into the
1970s. During this period, the emphasis became the intensive development of small-scale farming in
37
all the traditional African areas, and at that time, these areas contained the majority of Kenya's
agrarian population. In fact the 1970s can be viewed as a period of human population explosion in
Kenya, land availability in the fertile areas became acute (Korir-Koech 1991: p. 28).
Under President Moi, grants of land - especially in the coastal belt where there is land suited to
tourism - were given to maintain or expand patronage networks and to get support from different
sections of the political elite (Kirinyaga 2000: p. 10)
Figure 11 shows classification of land in Kenya. In many areas, especially in the ASALs, land
adjudication to facilitate issuance of land title deeds has either not been done or is incomplete. With
regards to the water sector, title deeds of lands are a prerequisite to the development of irrigation
agriculture as they provide security for obtaining loans for investment in irrigation development.
Insecure land tenure systems in Kenya have been a serious setback to irrigation development in some
areas because farmers cannot access credit without land title deeds (Kanyinga 2000: p. 7).
3.3.3 Land use
Land in Kenya is a very important asset to sustain livelihood. It is the key and finite resource for most
human activities including agriculture, pastoralism, settlement, industry, and forestry. Land is a
fundamental factor of production, and is tightly linked to economic growth. It is described as
comprising biophysical qualities such as soil, topography, climate, geology, hydrology, biodiversity and
political division (Ardey-Codjoe 2004: p. 7).
The land-use problems facing Kenya today are due to the lack of an appropriate national land-use
policy. Water systems are diminishing in volume and deteriorating in quality, the land is threatened by
desertification. The soils are being eroded and deposited in the ocean and lakes. The forests are
being cut with impunity thus destroying the water catchments while the savannahs and grasslands are
undergoing devegetation through overgrazing, charcoal burning and other inappropriate land-use
practices (Kenya Land Alliance 2001: p. 37).
Most of the aforementioned problems can be linked to agriculture in any way. The following section
describes the land-use by the agricultural sector in Kenya and, specifically in the Athi River Basin.
3.3.3.1 Agriculture
During the colonial regime (1888-1963) colonialists saw Kenya as a country with great agricultural
potential. In the 1920s and 1930s two new developments began to take shape. The European farmers
in the 'White Highlands' began substantive land clearance and introduced intensive mixed farming,
plantation crops and commercial livestock husbandry. The other development was the upsurge of
human population in the 'African Reserves' which led to extensive forest clearance for agriculture and
more food production. These two developments fragmented the land into smaller pieces, and intensive
agricultural practices, ineffective farming methods and land mismanagement are mentioned to be
responsible for soil erosion. In the 1940s the colonial development plans were applied to the
agricultural practices in the former 'African Reserves' (Korir-Koech 1991: p. 22-23).
38
Nowadays, agriculture is the dominant economic sector in Kenya, accounting for nearly 70 per cent
of national employment, 50 per cent of export earnings (mainly tea and coffee) and 33 per cent of
GDP. Smallholders who own 20 hectares or less of land account for nearly 75 per cent of the total
agricultural output, 55 per cent of the marketed yield, over 60 per cent of the land devoted to arable
agriculture, and some 85 per cent of total agricultural employment (Odame et al. 2003: p. 4). Figure 20
gives insight to major cash crops in Kenya.
Agricultural production, notably the production of major food crops, such as maize, rice, wheat and
sorghum, has declined since the 1960s. The production of pulses (including beans, cowpeas, pigeon
peas and grams) is also on a downward trend in terms of area and output. This has resulted in more
public expenditure on food imports. Only the horticultural industry has experienced growth over the
same period. Horticulture production in Kenya includes vegetables, fruits, nuts, cut flower, herbs and
spices. 92 per cent of horticulture produce is consumed locally, thus contributing to food security and
employment. At the macro-level, the Government of Kenya's policy on agriculture has been proven
ineffective, despite the fact that this sector is vital to the country's economy (Odame et al. 2003: p. 13). Poor provision of physical infrastructure, such as road network to link agricultural areas and
markets lead to high transport costs for agricultural inputs and outputs and thus, contribute to bad
performance of the agriculture sector Odame et al. 2003: p. 4).
Another constraint in the agricultural sector is the climate. Map 6 shows the agro-climatic zones of
Kenya, which vary from humid to very arid. More than 80 per cent of the total surface area is arid and
semi-arid lands (see 3.2.2). As indicated by the agro-climatic zone map, large parts of the Athi River
Basin are arid and semi-arid lands.
To assess agricultural potential of lands in Kenya, Jaetzold (1983) defined agro-ecological zones of
Kenya. Agro-ecological zones must be defined as zones of potential land-use on the basis of the
natural local factors so that they can be employed as a fundamental element for agricultural advice on
the district level (Jaetzold 1983: p. 5). He provides explicit information on recommended cultivations,
such as the species, variety and crop density. The agro-ecological zones for each district in Kenya are
printed on soil maps to show agro-ecological mosaics within the zones. Since these maps are very
detailed, they can be helpful, for example in calculating crop water requirements to assess future
water demand projections of the agricultural sector in the Athi River Basin. Figures 12 to 19 show the
agro-ecological zones for each district in the Athi River Basin. Table 5 gives brief information on
agriculture in all districts in the Athi River Basin.
Table 5: Brief Information on Agriculture in the Athi River Basin
District
Information
Nairobi
Nairobi is predominantly urban and there are no major agricultural activities.
Kiambu
The combination of good soils, suitable climate, well-developed infrastructure
(now Kiambu and
and the proximity to the country's main market, Nairobi, makes the Kiambu
Thika)
district the most economic farming region of the country. About 75% of the total
rural area of 193,500 ha is suitable for agriculture. Tea and coffee is grown by
both family farms and large estates. Almost all estates irrigate their crop.
Pyrethrum mainly is produced by smallholders. In the wetter parts of Kiambu,
39
horticulture is very often found.
Kajiado
Kajiado District consists almost entirely of ranching zones except for two very
small strips near Ngong and Sultan Hamud, and a larger one on the foothills of
Kilimanjaro in southeast Kajiado.
Machakos
Livestock is the economic mainstay of the country. Poor soils and an
(now
unsuitable climate make successful smallholder rainfed agriculture difficult in
Machakos
and Makueni)
more than 80% of the district area. Harvest in the larger part of the district is
barely sufficient to replace the calories used to produce the crop. The usual
pattern of agriculture in East Africa, the small farm, is typical for this district.
Kitui
(now
Very low and unreliable rainfall, together with poor soils make successful
Kitui
and
Mwingi)
farming impossible, in more than 90% of the district. The natural conditions of
the district are suitable for ranching and subsistence farming only, so that
livestock is the mainstay of the population.
Kilifi
(now
More than two-thirds of the district are unsuitable for economic small-scale
Kilifi
Malindi)
and
farming because of poor soils and an unsuitable climate. The ecological
conditions in the coastal region differ considerably from those of the rest of the
country. The two major cash crops of the district are coconuts and cashew
nuts.
Mombasa
Mombasa is predominantly urban and there are no major agricultural activities.
Kwale
Large areas of this district (that are not part of the Tsavo National Park) are
covered with various perennial crops, especially coconuts and cashew nut
trees.
Taita Taveta
Taita Taveta is a dry area, unsuitable for agriculture except in higher rain
catchment areas (Taita Hills) and their foothills, and in Taveta Division where
rainfall increases near Kilimanjaro or irrigation possibilities exist. Large parts of
the district are used for ranching or planted with sisal. Some valley bottoms of
the Taita Hills are suitable for vegetables. The Tsavo National Park is excluded
for cultivation purposes.
Source: (Jaetzold 1983)
3.3.3.2 Tourism
Land in the Athi River Basin is also used for tourism purposes. Kenya's major tourism attractions like
the beaches on the coast (with Mombasa and Malindi as major destinations) and Tsavo National Park
lie in the Athi River Basin.
Tourism is an important sector of the economy in Kenya. In 1996, for example, the sector
contributed 9.2% of Gross National Product (GNP), 18% of the country's total export earnings, 11.2%
of government revenue, 138,000 jobs in the modern sector and 360,000 others in the informal sector
(Ikiara 2001: p. 12). Earnings in tourism increased from Ksh 26.4 billion in 2003 to Ksh 48.9 billion in
2005 (CBS 2006: p. 8). No information was available on cumulated tourism earnings in the Athi River
Basin.
40
Apart from beach tourism, national parks and its abundant wildlife serve in Kenya as tourism
attractions. In national parks areas can be found, where several ecosystems are not materially altered
by human exploitation and occupation. Today, there are now 40 national parks and game reserves
covering eight per cent of the country's space. (Marekia 1991: p. 158).
Kenya is rich in wildlife resources, with over 25,000 known animal species. Wildlife contributes an
average of USD 450 million per year to the tourist industry with considerable prospects for growth. An
estimated 70 per cent of gross tourism earnings in Kenya and five per cent of total gross domestic
product can be attributed to wildlife. Wildlife tourism is currently the highest value use of marginal
rangeland, yielding profits of USD 4.40 to 32.50 per hectare annually in 1996/1997. This is four times
the per hectare income from livestock (Mogaka et al. 2006: p. 21).
No information was available on the number of national parks and game reserves that are feed by
waters of the Athi River Basin. Hence, this information would be necessary to assess future water
demands of national parks and its wildlife in the river basin.
3.3.4 Economy
The economy of Kenya is based on a narrow range of bio productive resources, which are sensitive to
climatic variation (see 3.3.3.1 and 3.3.3.2). The recent report "Climate Variability and Water
Resources Degradation in Kenya" (2006: p. vii) finds significant economic impacts of climate variability
and water resources degradation. The episode of El Niño-La Niña events that occurred from 1997 to
2000 cost the country Ksh 290 billion. If such events continue over the long term, floods and droughts
are estimated to cost the economy about Ksh 16 billion per year. This cost primarily arises from floodinduced destruction of infrastructure such as roads, water supply infrastructure, and pipe networks.
However, the largest costs were caused by the La Niña droughts (1998-2000) from loss of industrial
production and other costs arising from reduced hydropower generation, as well as from crop and
livestock losses.
The country is largely arid or semi-arid. Hitherto, investments in agricultural and industrial activities
have been concentrated in the arable lands, the areas which are under growing environmental stress
(Juma 1991: p. 63). All economic factors contribute in Kenya to a gross domestic product (GDP) of
USD 978.1 per person per year (UNDP 2005: pp. 44-45). To get a picture of the economy of the Athi
River Basin from a monetary point of view, table 6 shows GDP for each district in the Athi River Basin
(UNDP 2005: pp. 44-45).
41
Table 6: Gross Domestic Product of the districts of the Athi River Basin
District
GDP
District
Makueni
GDP
Nairobi
2,999
Kiambu
841
Malindi
Thika
852
Kilifi
Kajiado
749
Mombasa
Machakos
681
Kwale
452
Kitui
447
Taita Taveta
537
480
1,375
559
1,878
Source: UNDP 2005
3.3.5 Poverty
Since poverty is prevalent in most of the districts in the Athi River Basin, this section tries to reveal the
poverty situation in the river basin.
There is much debate about the definition of poverty and no uniform international standard exists. In
its report "Geographic Dimensions of Well-being in Kenya" (2003) the Kenya Ministry of Planning and
National Development focuses on the monetary dimensions of well-being captured via objective and
quantitative measures of poverty. To determine how many people are poor, a monetary poverty line is
derived which represents the cost of a basket of goods. This poverty line is determined and based on
the expenditure required to purchase a food basket that allows minimum nutritional requirements to be
met (set at 2,250 calories per adult per day) in addition to the cost of meeting basic non-food needs. In
Kenya this poverty line was estimated to be about Ksh 1,239 and Kshs 2,648 for rural and urban
households respectively.
Poverty incidence (also known as the headcount index) measures the share of the total population in
a given area whose consumption is below the poverty line. In other words, it refers to the proportion of
the population that cannot afford to purchase the basic basket of goods. Based on this measure, it was
estimated in 1997 that about 53 per cent of the rural and some 50 per cent of the urban population in
Kenya could be deemed poor (MPND 2003: p. 11). Table 7 reveals estimated number of poor
individuals in the riparian districts in the Athi River Basin and Figure 21 shows poverty incidence (in
per cent of population) in Kenya on the district level. In order to find out where the majority of poor
people (in monetary terms) in the Athi River Basin live, figure 22 provides information on poverty
density in Kenya.
42
Table 7: Poverty Incidence in Districts in the Athi River Basin
District
Number of poor
District
people
Number of poor
people
Nairobi
826,000
Makueni
454,000
Kiambu
145,000
Malindi
140,000
Thika
160,000
Kilifi
332,000
136,000
Mombasa
263,000
485,000
Kwale
264,000
345,000
Taita Taveta
118,000
Kajiado
15
Machakos
Kitui
17
Total
3,668,000
Source: (MPND 2003: pp. 73-76)
Besides the monetary poverty approach there is one, that focuses on deprivation of capabilities.
According to the OECD (1998: p. 64) the dimension of poverty covers five aspects of capabilities,
which are described as follows.
•
Economic capabilities mean the ability to earn an income, to consume and to have assets.
•
Human capabilities are based on health, education, nutrition, clean water and shelter. These
are core elements of well-being as well as crucial means to improving livelihoods.
•
Political capabilities include human rights, a voice and some influence over public policies
and political priorities.
•
Socio-cultural capabilities concern the ability to participate as a valued member of a
community.
•
Protective capabilities enable people to withstand economic and external shocks (OECD
1998: p. 64)
To get a broader picture of poverty in the Athi River Basin, this section focus also on access to
nutritional food and clean water as an indicator for deprivation of human capabilities and thus, as an
indicator for poverty.
Kenya is prone to cyclic droughts (see 3.2.2) and in times of drought most people in arid and semiarid lands do not have access to enough food to survive. For example, from September 2004 to
August 2005, 2.3 million people in 26 drought affected Kenyan districts needed food supply worth USD
100 million (Miring'uh 2005).
Food insecurity is prevalent in most of the marginal agricultural regions in Kenya date back to the
th
late nineties, when a combination of floods and droughts hit the country. According to the 4 Kenya
National Human Development Report, 18.9% of children in Kenya under five years are underweight
(UNDP 2005: pp. 48-49). The food security problem is complex, and malnutrition rates alone may not
be the best guide in determining the levels of suffering. However, such high levels - as indicated for
the districts in the Athi River Basin in table 8 suggest an unresolved food security problem.
Furthermore, 39.9% of the Kenyan population are deprived of human capabilities, since they live
without access to safe drinking water (UNDP 2005: pp. 48-49). Table 8 shows percentage of people in
the districts of the Athi River Basin living without access to safe drinking water. According to the
43
capability poverty approach, this information can be used as an indicator for poverty in the Athi River
Basin. Hence, it is to note, that data on "underweight children under five" and "access to safe drinking
water" are provided for district level and that those administration units are not congruent with the area
of Athi River Basin.
Table 8: Indicators of Poverty for each District in the Athi River Basin
District
% Underweight
% Without access
children below
to safe drinking
five years
water
Nairobi
12.4
6.1
Kiambu
13.1
29.2
Thika
10.6
38.0
Kajiado
21.3
32.9
Machakos
24.0
62.1
Kitui
33.6
86.2
Makueni
16.9
58.0
Malindi
27.0
35.0
Kilifi
28.9
35.1
Mombasa
10.4
16.2
Kwale
26.6
33.9
Taita Taveta
15.7
44.2
Source: MNDP 2003: pp. 47-49
3.4. WATER SECTOR
3.4.1.
Hydrology
Figure 8 delineates Kenya's primary watersheds, which separates one drainage basin or area from the
others and the catchment areas supported by them. In Kenya there are five main catchment areas or
drainage basins: the Lake Victoria Basin, the Rift Valley Basin, the Tana River Basin, the Ewaso Nyiro
North Basin, and the Athi River Basin, which is mainly drained by the Athi/Galana/Sabaki river system
and its tributaries.
In Kenya, the hydrometric network and data recording and reporting system for monitoring and
assessing the flow of water in the rivers has deteriorated and can no longer support adequate
assessment of the water resources base of the country. The number of river gauging stations in Kenya
has been shrinking from over 900 in the early 1970s to less than 100 currently operational (Ministry of
Water and Irrigation 2004: p. 1).
44
3.4.1.1. Water Catchment and Drainage
The main water catchment area of the Athi/Galana/Sabaki river system as the main hydrologic feature
in the Athi River Basin is the South eastern slopes of the Aberdare Range Forest, which is located in
central Kenya (figure 7 and 9). This mountainous region is the third highest in Kenya. Rainfall varies
with altitude and reaches a maximum of around 2,600 mm annually on the South eastern slopes. The
forest belt covers a major part of the range. Most of the forest is gazetted as forest reserves. However,
parts of the upper forest zone fall within the Aberdare National Park.
Forests in a water catchment area are of vital importance to the basin's hydrology, since they
moderate the intensity of small-to-medium flood flows by slowing runoff during storm events, thereby
reducing the height of the flood peak. They also protect water quality by trapping sediments and
attached nutrients before they reach streams. Heavy rains that can cause erosion from cleared forests
and poorly-maintained agricultural lands, leading to accelerated siltation (UNEP et al. 2003: p. 28-49).
The Aberdare Range forest is heavily impacted by illegal charcoal production in most areas on the
Western, Southern and South eastern slopes. Illegal logging of indigenous trees is a major concern
across the entire ranges. Illegal cultivation of crops and settlements present a major threat to the
integrity of the ecosystem, having already led to the destruction of well over 6,100 hectares. In total,
181 landslides were spotted in the forest. The majority (159) of the landslides were located on the
steep ridges on the Eastern and South eastern slopes (UNEP et al. 2003: p. 29). Such changes in
vegetation cover has severe impacts, as for instance on sediment loads in rivers. The sediment loads
being delivered down the Athi/Galana/Sabaki river system into the Indian Ocean has risen from 50,000
tons a year during the 1950s to 8.4 million tons a year by 1992, mostly due to changes to the
vegetation cover in the upper catchment. The high sediment load in this river system has caused
serious problems to the water supply intake at Baricho in Malindi District (to supply mainly Mombasa
and Malindi). Furthermore, over the last 20 years, the beach at the exit of the Sabaki River has
extended seaward, killed corals and negatively impaired tourism as an important income source in
Malindi District (Mogaka et al. 2006: p. 54).
The new Water Act 2002 allows the Minister for Water Resources to gazette priority catchments and
recharge areas in order to protect important water sources. However, this has not yet been done for
the South Eastern slopes of the Aberdare Range forest as the main water catchment area of the
Athi/Galana/Sabaki river system.
3.4.1.2. Water Availability
Kenya has sufficient water resources to meet demand. It is estimated that, based on current water use
efficiencies, the predicted water demand in Kenya will rise to 5,552 million m³ per annum in 2020. This
would still be within the safe yield of the country, which is 8,447 million m³ per year. Hence, only 15
percent of the safe yield of renewable freshwater resources has been developed currently (Mogaka et
al. 2006: p. xv). The safe yield the proportion of renewable water that can be used. The remainder is
either technically inaccessible or required to safeguard environmental and ecological processes.
Kenya is a water-scarce country (see 1.1.1) and water availability is uneven distributed in the five
45
major drainage basins. Table 9 shows the size of each water catchment area, its related mean annual
rainfall and resulting total annual mean surface runoff and groundwater recharge.
Table 9: Water Availability by Drainage Areas in billion m³ per year
Catchment Area
Area (km2)
Mean Rainfall
Total annual
Annual
(mm)
mean surface
Groundwater
3
3
runoff (M m )
recharge (M m )
Athi
66,837
535
1,152
296
Lake Victoria
46,229
1245
11,672
394
Rift Valley
130,452
535
2,784
428
Tana
126,026
335
3,744
500
Ewasy Nyiro
210,226
255
339
484
Kenya (total)
579,770
500
19,691
2,102
Source: National Water Master Plan 1992 and National Water Master Plan After Care 1998.
Based on figures from the 1992 National Water Master Plan, the volume of annual renewable
surface water in Kenya is approximately 19.7 billion m³ per year and that of groundwater is in the order
of 2.1 billion m³ per annum (Mogaka 2006: p. 8). However, the estimates for surface water have not
been updated in recent years. They may be substantially lower due to extensive catchment
degradation in recent years. The estimates of ground water are not accurate and need proper
assessment, as they may be as high as 4 billion m³ per annum (Gok, MoW 2004: p. 6).
Total annual mean surface runoff from all surface water resources in the Athi River Basin is 1,152
3
million m per year, and the groundwater recharge 296 million m³ per year, in total 1,448 m3 per year.
The safe yield for surface water in the Athi River Basin is 213 million m³ annually and the safe yield for
groundwater 148 million m³ per year, in total 361 million m³ per year (National Water Master Plan
1992: p. DT-27-29).
The Athi/Galana/Sabaki river system as the main hydrologic feature in the Athi River Basin extends
from the coastal discharge point near Malindi up to the Great Rift Valley and including Nairobi in the
upper reaches. As it can be observed from figure 28, the Athi River is a strongly seasonal river with
high flows in April-June and November-December and very low flows in the two intervening seasons.
46
Figure 28: Athi River Seasonality (in the year 2004)
Source: Database Ministry of Water and Irrigation 2005
The river system has a mean annual runoff of about 720 million m³ per year at Baricho in Malindi
District, which is situated in the lower reaches of the Athi/Galana/Sabaki river system (Malindi District)
(JacobsGibb 2003: p. 25). Due to bad hydrologic data record, data on natural flow regimes (before
water allocation has taken place) was not accessible.
The Tsavo River, the most important tributary of the Athi/Galana/Sabaki river system (see figure
6), rises from the North eastern slopes of Mt. Kilimanjaro 200 km away from the Coast and is fed by
the Mzima Springs in Tsavo West National Park. The Chyulu Mountain range, which is the main water
catchment area of the Mzima Springs, is situated 64 km northeast of Mt. Kilimanjaro (NWCPC 1997: p.
37).
The Athi low flow occurs twice each year. Every three or four years, on average, the input from Athi
via Galana to Sabaki is zero for periods ranging from a few days three months (Sincat-Atkins. 1996. p.
7) When there is no input from River Athi, the flow regime of the River Sabaki is governed by the
inputs of the Tsavo River. The Tsavo contribution to the Sabaki is dominated by the Mzima Springs
outflows which have never dropped below 2.0 m³/s since records began in 1951, with peaks of nearly
5.0 m³/s (data from database of Ministry of Water and Irrigation, September 2005). The importance of
Mzima Springs to the maintenance of water flow in the Sabaki is therefore clearly evident.
3.4.1.3. Water Quality
Water resources in Kenya are increasingly becoming polluted. Pollution imposes a high cost on the
economy through detrimental health effects, increased treatment costs for drinking water, reduction in
future use options for the water (particularly groundwater), loss of economically significant fauna and
flora, and degradation of environmentally important areas. Main key sources of water pollution are
discharge of urban sewage and storm-water and industrial effluents and urban solid wastes (WRMA
2005: p. 5).
According to Mogake et al. (2006: p. 24), the high urbanization growth rate in Kenya (seven per
cent) indicates that floodplains are being converted to squatter settlements. Solid and liquid wastes
47
enter rivers from settlements, as experienced in informal settlements in the capital Nairobi. The Nairobi
Rivers (see figure 6) are important tributaries to the Athi/Galana/Sabaki river system. There are three
main tributaries that flow through the capital city’s Central Business District, namely River Nairobi,
River Mathare and River Ngong, all of which are subjected to extreme levels of pollution ranging from
agricultural fertilizers and raw domestic sewage, to industrial waste. In most cases, solid and liquid
waste from these sources are discharged directly into the river system without any treatment, thereby
severely damaging the river ecology as well as posing serious risks to human health along the river
system. The rivers themselves are now considered an environmental health hazard due to the high
concentrations of chemical and bacteriological pollution. Despite this, nearly half of the urban
population are dependent on them as a source of water for domestic use and in the worst cases, for
drinking (Kahara 2002: p. 1-4).
Water pollution arising from urban life in the Athi River Basin is not only evident in Nairobi, but also
in Athi River Town (slaughter house and tannery) and Mombasa (fishing industry, chemical industries,
oil industry and agro-processing) (Mogaka et al. 2006: p. 58). Furthermore, groundwater in Mombasa
District suffers from faster abstraction than natural replenishment resulting into salt-water intrusion and
pollution (Mwandotto 1996: p. 2).
3.4.2.
Water using sectors
Water serves many functions. The major off-stream water uses are usually divided into the three
categories of agriculture, industry, and domestic uses. Typical in-stream water uses are hydropower
production and navigation.
At the moment, no reliable data on water use is available in Kenya, since many of the daily
abstractions from surface and groundwater resources are not recorded. Total water abstraction in the
Athi River Basin in 1992 was 102 million m³ per year from groundwater and 133 million m³ per year
from surface water, in total 235 million m³ in one year (National Water Master Plan 1992: p. DT-27-29).
However, data on water abstraction do not reflect the water demand in the river basin.
Water demand in Kenya was estimated in the National Water Master Plan (1992) for the years 1990
and 2010. Water demand on the basin level was not estimated on the river basin level by the National
Water Master Plan. Table 10 shows the estimated domestic, industrial, and livestock water demand in
each district in the Athi River Basin. It is to mention, that the districts in the Athi River Basin only
coincide partly with the area of the Athi River Basin. Water demand projections (in m³ per day) in each
district include industrial, domestic (urban and rural), and livestock water demand and are based on
different water consumption rates for every region. There are no estimates for water demand of
irrigation agriculture.
48
Table 10: Water Demand in Districts in the Athi River Basin (1990 and 2010)
District
Population
Water Demand
Population
Water Demand
1990
1990 (m³/d)
2010
2010 (m³/d)
Nariobi
1,413,100
332,826
3,465,334
802,160
Kiambu/Thika
971,910
57,224
1,582,695
145,910
Kajiado
286,370
28,646
651,887
69,703
1,486,232
65,122
2,577,219
173,432
Kitui
683,867
23,697
1,069,477
46,891
Kilifi/Malindi
654,103
27,906
1,166,248
76,190
Mombasa
479,600
100,256
904,362
202,818
Kwale
408,905
16,524
632,285
34,332
Taita Taveta
215,200
12,597
331,364
25,347
6,599,287
664,798
12,380,871
1,576,783
22,749,122
1,650,847
37,305,407
4,183,161
Machakos/Makueni
Total (Districts in the
Athi River Basin)
Total Kenya
Source: National Water Master Plan (1992)
Since Kenya's two major cities (Nairobi and Mombasa) are situated within the Athi River Basin, a
considerable share of the country's water demand occurs in the Athi River Basin. According to the
National Water Master Plan (1992), cumulative water demand in the districts of the Athi River Basin is
about 243 million m³ in the year 1990 and 576 million m³ in 2010 (derived from daily water demand
10). Though, safe yields of water resources in the river basin are only about 361 million m³ per year
(see 3.4.2.1.).
3.4.2.1. Agriculture
In Kenya, agriculture is the largest water user, accounting for nearly 80 per cent of all withdrawals.
Demand is predicted to rise from 3.965 million m³ per day in 1990 to 8.138 million m³ per day in 2010.
Livestock demand for water is estimated to increase from 335 to 491 million m³ per day from 1990 to
2010 (Mogaka 2006: p. 10).
Crop production in the Athi River Basin is mainly proceeded under rain-fed conditions and it is
unstable due to the extreme rainfall variability. Recurrent droughts in almost all the districts in the
basin affect crop production and incomes. They also exacerbate poverty and income inequalities (see
3.3.4 and 3.3.5) by reducing the production assets of the poor. Generally, irrigated agriculture is
practiced in order to supplement water supply for crops in the dry season. No reliable information on
water usage for irrigation in the districts of the Athi River Basin was accessible. From the description of
agricultural land use in section 3.3.3.1 it can be assumed, that a main part of the irrigation water in the
Athi River Basin is used in the districts Kiambu and Thika.
According to the National Water Master Plan, only 23,000 of about 44,000 hectares of irrigable land
in the Athi River Basin is developed. It was assumed that the average irrigation water demand per
hectare in Kenya was 61.1 m³ per day (JacobGIBB 2003: p. 4). Taking these figures as a base for
49
water demand projections, the irrigation sector in the Athi River Basin would need 2,688,400 m³ per
day and 981,266,000 m³ per year if all the proposed irrigable land is developed.
In the Athi River Basin, the sustainable expansion of irrigated lands remains a challenge to food
security and poverty alleviation goals. The government made attempts to introduce and promote
irrigation through the settlement of a number of small-scale farmers on irrigation facilities constructed
with public funds. They were proposed by several district development plans like in Malindi District,
where 2,000 small-scale farmers are supposed to harness water from River Sabaki to irrigate fields
(MFP 2001: p. 27).
The Athi River Basin exhibits certain characteristics that severely restrict the prospects of rapid
growth in irrigated agriculture. These include low and variable rainfall, poor quality soils, weak
infrastructure, which increases costs for transportation of farm inputs and produce. Rivers that have
very little or no flows in the dry season are too small to meet irrigation demands and storage dams are
necessary in areas far from the main Athi/Galana/Sabaki river system (JacobGIBBS 2003: p. 5). High
costs of such dams and other constraints like environmental degradation make planning and design
very difficult.
Water in the agricultural sector in the Athi River Basin is also important for livestock, especially in the
vast rural arid and semi-arid areas. Figure 23 and 24 provide information on populations of beef and
dairy cattle in Kenya. The south-east Kenya rangelands constitute one of the principal "beef sheds" in
Kenya, supplying the Nairobi and Mombasa urban markets. This area comprise of the districts
Kajiado, Makueni, Kitui, Taita Taveta, and Mwingi, with Mwingi District being the only that is not
situated in the Athi River Basin. Water sources for the animals were the same for both the pastoralists
and agropastoralists. These included rivers, springs, boreholes/wells, dams/ponds and rainwater, all
under communal use (Mwacharo 2005: p. 639). Livestock water demand in all the districts of the Athi
River Basin was estimated at 52,511 m³ per day (about 19.2 million m³ per year) in 1990 (National
Water Master Plan 1992). In order to increase livestock production to improve food security in Kenya,
efforts are made to develop the water supply for livestock (Krhoda 2000: p. 346).
3.4.2.2. Domestic and Industrial Uses
Improved delivery of drinking water is vital for health, necessary for development and desired for
convenience. Domestically, water is used primarily for drinking, cooking, washing and bathing. Water
is also used by commerce and industry.
The Government of Kenya has set a high target for providing both safe water and sanitation in the
context of the International Drinking Water and Sanitation Decade (1980-1990). The aim was to supply
safe water to all urban populations and to 60 per cent of the rural population by 1990 (Gerlach 2005: p.
39). However, this target has not yet been achieved in the Athi River Basin. People in the basins'
major urban areas Nairobi and Mombasa still lack adequate access to safe drinking water - 6.1 per
cent and 16.2 per cent, respectively (see 3.3.5). In the basin's districts, which are predominantly rural,
from 29.2 per cent up to 86.2 per cent of people are without access to safe drinking water (see 3.3.5).
People who do not have access to safe drinking water use water from unprotected sources.
Figure 24 shows distribution of industry in Kenya. As it can be observed from the map, major
50
industry is situated in the country's biggest urban regions Nairobi and Mombasa, which both are
situated in the Athi River Basin. However, industry is a minor user of public water resources in Kenya,
consuming only four per cent of the public water supply. Yet, the industrial water consumption in large
urban centres in the Athi River Basin is much higher i.e. in Nairobi (38%), and Thika (22%) (UNDP
2005: p. 36).
Figures on real water consumption rates for the domestic and industrial sectors are not available for
the Athi River Basin. As estimated in the National Water Master Plan in 1992, potential domestic and
industrial water demand was in 1990 and 2010, 616,055 and 1,498,635 m³ per day respectively.
Table 11 sets out potential domestic (rural and urban) and industrial water demands for the districts in
the Athi River Basin projected for the year 2010 (National Water Master Plan 1992).
Table 11: Potential Domestic and Industrial Water Demand in 2010
District
Population
Rural
Nairobi
Urban
Domestic Demand
Industrial
Rural
Demand
Urban
Total
0
3,465,334
0
520,147
281,668
801,815
1,206,609
376,086
60,667
56,450
21,649
138,766
468,513
183,374
11,888
27,525
148
39,561
1,924,742
652,477
54,205
97,936
7,659
159,800
Kitui
992,858
76,589
24,129
11,497
527
36,153
Kilifi/ Malindi
896,608
269,640
23,681
40,472
7,762
71,915
0
904,362
0
135,745
66,834
202,579
Kwale
566,803
65,482
17,516
9,829
459
27,804
Taita Taveta
258,638
72,726
6,480
10,917
2,845
20,242
6,314,771
6,066,070
198,566
910,518
389,551
1,498,635
Kiambu/ Thika
Kajiado
Machakos/ Makueni
Mombasa
Total
Source: National Water Master Plan 1992
3.4.2.3. Hydropower
The hydropower sector uses water in a non-consumptive manner. Hydroplants produce electricity from
the energy of falling water and hydropower is the most important and widely used renewable source of
energy in Kenya after woodfuel. Kenyas commercial generation of electrical power is dominated by
hydro-based sources, which accounts with 707 MW for 57 per cent of all electricity supplied (MOE
2002: p. 13). However, the country's hydropower potential has been minimally developed. Only 707
MW out of a potential capacity of 5,623 MW has been developed and connected to the national grid.
Though relatively cheaper to produce, the availability of power, from hydroplants depends on the
rainfall pattern. Droughts reduce contribution of hydroelectric energy to the national grid. During the
1999/2000 drought, contribution was reduced by 41 per cent . (Mogaka et al. 2006: p. 18).
The Athi/Galana/Sabaki river system has no yet been dammed to generate hydroelectric power. The
National Water Master Plan 1992 investigated dam development plans and the possibility of
multipurpose dams for hydropower, irrigation, domestic water supply, flood protection etc. It has been
estimated by the Ministry of Energy (MOE), that in the Athi River Basin there is untapped potential of
51
hydropower of about 109 MW (MOE 2002: p. 27).
3.4.2.4. Wildlife and Fisheries
As it was stated in chapter 3.3.4, wildlife contributes a lot to the country's economy and to that of the
Athi River Basin. To support this important sector, enough water needs to be maintained in rivers and
lakes to satisfy the needs of animals and plants. Furthermore, water for wildlife must be clean and safe
to avoid water related diseases. However, increased human water abstractions in combination with
occurrences of droughts threaten the ecological stability and proper functioning of national parks such
as the Tsavo National Park and the Wetlands in the Sabaki River Delta in the Athi River Basin (GoK,
UNEP 2000: p. 4).
Fish provides an important source of protein and therefore plays an essential role in public health.
The inland sources of fish in the Athi River Basin comprise of mainly rivers, since there are no major
lakes. During droughts, fishing gains importance as an economic activity and as a source of food in
the districts. Adequate water of high quality will continue to be a key consideration in inland fisheries
development. However, expansion of cultivation in the highlands, and increased levels of urbanization
has led to higher levels of water pollution. Although fishing provides employment and other benefits to
some people in the basin, this area has not been studied adequately. Inland fisheries data is scanty
and is not included in this study.
3.4.3.
Institutional and Legal Framework
The present institutional arrangements for the management of the water sector in Kenya can be traced
to the launch of the National Water Master Plan in 1974, whose primary aim was to ensure availability
of potable water to all households by the year 2000 (Gerlach 2005: p. 5). This required that the
Government directly provide water services to consumers, in addition to its other roles of making
policy, regulating the use of water resources and financing activities in the water sector. The legal
framework for carrying out these functions was found in the Water Act, Chapter 372 of the Laws of
Kenya.
In line with the National Water Master Plan, the Government upgraded the Department of Water
Development (DWD) of the Ministry of Agriculture into a full Ministry of Water. In the 1980s the
Government began experiencing budgetary constraints, and it became clear that, on its own, it could
not deliver water to all Kenyans by the year 2000. Attention therefore turned to finding ways of
involving others in the provision of water services in place of the government. The National Water
Policy was developed by the government and adopted by parliament in 1999. The Policy stated that
the Water Act, Chapter 372 would be reviewed and updated, attention being paid to the transfer of
water facilities.
While developing the National Water Policy, the government also established a National Task Force
to replace the Water Act, Chapter 372. The Water Act 2002 was passed by parliament and gazetted
and became effective in 2003 when implementation of its provisions commenced.
52
The Water Act 2002 has introduced comprehensive and, in many instances, radical changes to the
legal framework for the management of the water sector in Kenya. These reforms revolve around the
following four pillars:
1. the separation of the management of water resources from the provision of water services;
2. the separation of policy making from day to day administration and regulation;
3. decentralization of functions to lower level state organs;
4. the involvement of non-governmental entities in the management of water resources and in
the provision of water supply and sanitation services (Gerlach 2005: pp. 9-12).
3.4.3.1. Water Institutions in the Athi River Basin
The Water Act 2002 provides for institutional reforms and the following institutions have been
established:
•
Ministry of Water and Irrigation;
•
Catchment Area Advisory Committee;
•
Water Service Regulatory Board;
•
Water Resources Users Association;
•
Water Resources Management Authority;
•
Water Appeals Board;
•
Water Services Boards;
•
Water Services Trust Fund;
•
Water Service Providers;
The Water Act 2002 separates water resources management from the delivery of water services.
Part III of the Act is devoted to water resources management while Part IV is dedicated to the
provision of water and sanitation services. Responsibility of the Ministry of Water and Irrigation is
legislation, policy formulation, sector coordination and guidance as well as monitoring and evaluation.
The Water Services Regulatory Board (WSRB) provides oversight for the provision and monitoring
of Water Services Boards and the service providers. This includes the issuance of licenses to Water
Services Boards, determining standards for the provision of water services, procedures for handling
complaints and develop guidelines for water tariffs.
The Water Act 2002 establishes in section 7 the Water Resources Management Authority (WRMA),
which is responsible for the allocation of water resources through a permit system. Further
responsibilities of the WRMA are:
•
Planning, management, protection and conservation of water resources;
•
Planning, apportionment, assessment and monitoring of water resources;
•
Issuance of water permits and enforcement of permit conditions
•
Regulation of conservation and abstraction structures.
•
Catchment and water quality management
•
Coordination of the IWRM Plan.
There are seven Water Services Boards (WSB) established at the regional level, which are
responsible for efficient and economical provision of water services. Water Service Providers (WSP)
through an agreement with the Water Services Boards will provide the water services.
53
The framework for the exercise of the water resources allocation function comprises the
development of national and regional water resource management strategies which are intended to
outline the principles, objectives and procedures for the management of water resources (see 3.4.3.2).
Catchments Area Advisory Committees (CAACs) advise WRMA on water resources issues at
catchment level.
Water Resource Users Associations (WRUAs) comprise of different stakeholders of all levels in the
water sector and are involved in the decision making process to identify and register water users.
WRUAs may collaborate in water allocation and catchments management and assist in water
monitoring and information gathering. Conflict resolution and co-operative management of water
resources are further duties of the WRUAs. Hence, arbitration of water related disputes and conflicts
are dedicated to the Water Appeal Board (WAB) (Gerlach 2005: pp. 9-13).
The mandate of the Water Services Trust Fund (WSTF) is to assist in financing the provision of
water services to those areas of Kenya without adequate water service.
3.4.3.2. Integrated Water Resources Management in Kenya
The concept of IWRM (see 2.1), which has existed for some time in scientific circles, now is
recognized and used by water managers and policy makers, as for instance in Kenya. IWRM planning
process in Kenya started in 2002, when the National Water Resources Management Campaign called
on Kenyans and development partners to put every effort towards reversal of increasing levels of
degradation of water catchment areas as well as water resources in the country (WRMA 2005: p. 6). In
this sense, the government has the vision of "[a]ssured availability of water resources for the well
being of all Kenyans" (GoK, MoW 2004: p. 5) and the mission of Integrated Water Resources
Management is "[t]o ensure water availability for wealth creation".
The overall principles adopted in the formulation of the National Water Resource Management
Strategy (2006) are:
1. to achieve equitable access to water, that is, equity of access to water services, to the use of
water resources and to the benefits from the use of water resources;
2. to achieve sustainable use of water by making progressive adjustments to water use with the
objective of striking a balance between water availability and legitimate water requirements
and by implementing measures to protect water resources;
3. to achieve efficient and effective water use for optimum social and economic benefit.
Specific objectives of the National Water Resources Management Strategy are, among others, to
enhance the annual safe yield of surface water through catchment protection measures, water
harvesting and increased storage capacity. Furthermore, the strategy seeks to improve water
resources management by resolving water allocation conflict between competing users through water
resources classification (quality, quantity, use), prioritization and compromise (GoK, Mow 2004: p. 6).
The strategy on Integrated Water Resources Management recognizes and treats water as a scarce
commodity with impacts on social, economic and political developments (Republic of Kenya 2004: p.
5).
54
3.4.3.3. Water Sector Economics
Prior to the present reforms, little use was made of economic incentives in the water sector in Kenya.
In respect of water resource management, very few charges were made. Abstractors had to pay fees
for permits, but the amounts were nominal, and there were no volumetric-based abstraction or usage
fees for bulk water.
In respect of service delivery, the amounts of revenue generated from user charges were extremely
low. It was not so much that the applicable tariffs were so low, but that many customers who should
have been paying more were on the minimum fixed monthly fee due to an absence of meters, and
because billing and collection systems were grossly inefficient. With low cost recovery in the formal
part of the water sector, the main source of financing for publicly supplied water was central
government allocations (a significant part of which came from donors), with communities, NGOs and
the private sector making complementary contributions (Zimconsult 2005: pp. 6-11 and WRMA 2005:
p. 8-12).
Skewed incentives, inadequate financing, a highly centralised institutional structure and other
deficiencies that were prevalent before the water sector reform caused the water sector to perform
well below what is required of it in terms of its social and economic role in national development. The
reforms are being put in place to counter problems like inadequate water and sanitation services and
inefficient private investments (Zimconsult 2005: p. 13).
Most urban utilities have a rising block tariff for piped water with the first 'lifeline' tranche typically
sold at 20 Ksh per m³. Kiosks sell at 100 to 250 Ksh per m³ and vendors at 250 to 750 Ksh per m³.
Poor people end up paying about 1.5 times as much for half the water consumed by richer people
(Zimconsult 2005: p. 14).
The fact that there is a parallel financing system arising from water users paying private suppliers
needs to be highlighted. While the official water supply system through a combination of relatively low
tariffs and inadequate collection rates, is presently collecting perhaps Ksh 1.9 billion per annum from
domestic consumers, the parallel, privately owned system of kiosk operators, vendors and tankers has
an estimated turnover of Ksh 4.5 billion per year. In other words, only 30% of user payments accrues
to the official water service providers. The present situation of economics in the water sector is
characterized by gross inequities and huge economic inefficiencies. However, the current water sector
reform has potential to enhance water use efficiency to achieve allocative efficiency in water allocation
(see 2.2).
Apart from efficient use of water in the Athi River Basin there is need for allocation of water in an
equitable manner. The next main chapter will provide insight to impacts that distribution of water can
have on society and environment when water is allocated in an unequitable way. Focus is put on a
planned water resources development project in the Athi River Basin, notably the "2
nd
Mzima Water
Pipeline Project", which has potential to cause an asymmetric water conflict in the Athi River Basin.
55
nd
4. THE PLANNED 2
MZIMA WATER PIPELINE PROJECT
Actual water supply deficit in the urban region Mombasa District has caused a severe and complex
problem amongst the population. There is need of development of additional water sources in order to
alleviate or even eradicate the water related problems for social and economic development in the
district. Since the early 1950s, Mzima Springs has served as one of the main water sources for daily
water demand of Mombasa District. During the last years, development plans focused on Mzima
Springs as a reliable source for expanding the water supply scheme by constructing an additional
water pipeline.
Since water resources in the Athi River Basin and particularly in the Athi/Galana/Sabaki river system
are uneven distributed in space and time (see 3.4.1.2), water of the river system need to be equitable
shared among people in the 10 co-riparian districts, from Nairobi and Kiambu Districts in the upper
reaches of the Athi River and Malindi, Kilifi and Mombasa Districts in the lower reaches of the river
system.
This chapter provides information on the planned 2
nd
Mzima Water Pipeline project as far as it is
important for assessing the impact of the increased water abstraction (by Mombasa District) from
Mzima Springs on hydrology of the rivers Galana and Sabaki, that flow across Tsavo National Park
and the rural district Malindi as one of the co-riparian districts in the Athi River Basin. Furthermore this
chapter focuses on socio-economic impacts, which the planned 2
nd
Mzima Water Pipeline would have
on life in the afflicted riparian districts Mombasa and Malindi.
4.1. PROJECT DESCRIPTION
The Mzima Springs are located at the southern end of the volcanic Chyulu Hills from which they are
fed (see figure 26). Rainfall on the Chyulu Hills, lying to the north of Tsavo West National Park,
emerges as springs at Mzima.
st
The 1 Mzima Water Pipeline was developed and constructed from the early 1950s to the mid-1950s
to take water 237.5 km from Mzima Springs to Mombasa (see figure 26). The difference in elevation
between Mzima and Mombasa is 500 m, allowing gravity flow over the full length of the pipeline. The
scheme was designed to supply about 36,000 m³ per day to Mombasa with the facility to duplicate the
pipeline output to 72,000 m³ per day. The existing intake at the head of Mzima Springs collects
approximately 75,000 m³ per day, of which 36,000 m³ per day is transferred by a single gravity pipeline
to the reservoirs at Mazeras, near Mombasa and the remainder is returned to feed the downstream
st
Tsavo/Galana/Sabaki river system (RoK, NWCPC 1996: pp. 1/43-7/43). Most of the sections of the 1
Mzima Pipeline are prone to bursts and leakages and needs major refurbishment.
In the Second Mombasa & Coastal Water Supply Study of the mid-1990s the recommended bulk
water supply involved the development of a second pipeline with a capacity of 104,000 m³ per day. In
addition the current water pipeline was to be refurbished to give a total transfer capacity of 140,000 m³
per day. This followed a decision by the then water operator National Water Corporation and Pipeline
Conservation (NWCPC) in July 1996 that the maximum abstraction from Mzima Springs could be
140,000 m³ per day. The new scheme would also include new service reservoirs, so that the cost
estimate for the whole scheme in 1996 was USD 211 million (GoK, PriceWaterhouseCoopers 2002: p.
56
61). As a considerable amount of investigation, survey and design has already been carried out, the
implementation period of the scheme would need not be more than three years (NWCPC 1997: p. 79).
In the mark of negotiations on financing the planned 2
nd
Mzima Water Pipeline, the Coast Water
Services Board proposed in 2005 the development of a new water pipeline with a capacity of 104,000
m³ per day with estimated cost of Ksh 17 billion be made to completely replace the old pipeline (Coast
Water Services Board 2005: pp. 2-4).
4.2 IMPACTS OF THE WATER PIPELINE PROJECT
nd
The impact of the 2 Mzima Water Pipeline project on the natural environment has been the subject of
a number of studies. The principal cause for concern was the effect that additional abstraction from the
Mzima Springs would have on the downstream rivers Mzima, Tsavo, Galana and Sabaki. With regard
to increased abstraction, it was concluded by the then water operator NWCPC that an additional
104,000 m³/d could safely be abstracted from the Mzima Springs without a harmful effect on the river
system and its dependent fauna and flora (RoK, NWCPC 1999: p. 1/2).
In all the studies available on the 2
nd
Mzima Water Pipeline project there was no mention of any
socio-economic impact on downstream riparians that could occur by increased water abstractions from
Mzima Springs. Hence, people of Malindi District as the most downstream riparians of the
Athi/Galana/Sabaki river system, is dependent on water inflow from the Athi/Galana/Sabaki river
system and its main tributary in the lower reaches, the Tsavo River, which is mainly fed by the Mzima
Springs.
The following three sections focus on flow changes in the Athi/Galana/Sabaki river system by the
planned 2
nd
Mzima Water Pipeline and on potential socio-economic impacts of the water pipeline on
the afflicted districts Mombasa and Malindi.
4.2.1 Flow changes in Athi/Galana/Sabaki River System
The Athi river from the northwest and the Tsavo from the west join to form the Galana River which
flows through the centre of the Tsavo East National Park. Further downstream the Galana river
becomes the Sabaki river.
Since records began at the gauging station at the Mzima Springs in 1951, the discharge from these
springs has never dropped below 2.0 m³ per second (about 172,800 m³ per day) but periodically it has
risen to 5.0 m³ per second (about 432,000 m³ per day). Last records in 1990 indicate an average
outflow of about 2.5 m³/s (data from database of Ministry of Water and Irrigation, September 2005).
Low flows in the Sabaki are very sensitive to increased abstractions from Mzima Springs. Since
once in three to four years the lower Athi in Kitui (see figure 2) is dry, flow in the Sabaki is solely
dependent on River Tsavo water of which the most important source is the Mzima springs (SincatAtkins 1996: p. 7).
Table 12 sets out the percentages of low spring flows of the Mzima springs taken by the current
Mzima pipeline (36,000 m³ per day) and possible new pipeline schemes. The new schemes are the
original 1956 fully developed scheme taking 72,000 m³ per day and the 2
nd
Mzima Water Pipeline
57
scheme designed by Sincat Atkins in 1996 to take 104,000 m³ per day. Mzima Springs low flow has
been taken as 172.800 m³ per day (2.0 m³ per second), like it was measured from February to August
1978 at gauging station 3G03 (data from database of Ministry of Water and Irrigation, September
2005).
Recorded flow data of Mzima Springs and the Athi/Galana/Sabaki river system ended in the early
1990s due to bad state of most of the gauging stations. However, flow data of Mzima Springs of nearly
40 years (1951-1991), provided a good basis for assessing the impact of a possible water abstraction
by the 2nd Mzima pipeline on flow in river Sabaki in times when there is no input from Athi river. Here,
the lowest recorded flow value (1978) was taken, since in every time in the future, outflow could return
to this level or even lower.
Table 12: Flows taken from Mzima Springs to supply Mombasa District
Units
nd
Current
Original
2 Mzima
Pipeline
Maximum
Pipeline
Amount abstracted
Ml/d
36,000
72,000
104,000
Low spring flow
Ml/d
172,800
172,800
172,800
%
20,83%
41,67%
60,19%
% abstracted
Source: database of Ministry of Water and Irrigation; and Sincat-Atkins 1996
The current scheme does not appear to take a significant proportion - about 20% - of low spring flows,
whereas the scheme for the 2nd Mzima pipeline could take over 60% of total spring flows in the
assumed minimum flow condition. Such a large increase in abstraction will have a major impact on
flows in Tsavo and Sabaki Rivers during period of low spring and river flows (compare with figure 26).
As it was stated before, the riparian districts Mombasa and Malindi would be afflicted by the water
transfer through the water pipeline. As it was already assessed in section 3.3.5, there are 263,000 and
140,000 people in Mombasa and Malindi District respectively, who barely can afford high water prices
since they live under the monetary poverty line. This leads to high rates of people living without access
to safe drinking water. In Mombasa and Malindi District 16.2 per cent and 35.0 per cent respectively
do not have access to safe drinking water (see 3.3.5). Due to these reasons it can be stated that both
people in Mombasa and Malindi District suffer from water related poverty. Both Districts would need
enough water from the Athi/Galana/Sabaki river system and the Mzima Springs as a main tributary to
enhance socio-economic development. The water allocation decision to divert water to people in urban
Mombasa District by the 2
nd
Mzima Water Pipeline could lead deprive people in Malindi District of the
Sabaki River water they are used to get. In order to get insight to socio-economic impacts of the
planned water pipeline, the next two section target at assessing possibilities of poverty reduction in
Mombasa District and possible marginalization of Malindi District by the planned water transfer.
58
4.2.2 Poverty Reduction in Mombasa District
This section tries to answer the question, if water from the proposed 2
nd
Mzima Pipeline would be able
to reduce prevalent poverty in Mombasa District. Mombasa on the coast of the Indian Ocean in the
South-east of Kenya is a town and a national and international tourism centre. This combined with its
commercial and industrial activities, has made it to be designated as a principal town in Kenya.
Mombasa District has an estimated population of approximately 825.000 (GoK. Population and
Housing Census 2000: p.20). Hence, the population is estimated to reach 1.2 million during the day
due to influx of migrant workers from neighbouring districts Gulyani 2000: p. 6).
Mombasa District has a cosmopolitan urban set up with a central business area and peri-urban
mainland with some areas predominantly rural in nature. Mombasa was founded as town in the 12th
Century. Historians recorded Mombasa as a centre of trade between people of the East African Coast
and its hinterland and the Middle East. Thereby Eastern Africa was connected with Asia and Europe.
Over the centuries, native Africans, Arabs, the Portuguese, and the British have ruled Mombasa
(Rakodi et al. 2000: p.265).
According to the Poverty Atlas 2003 (GoK, Ministry of Planning and Development 2003: p. 66), an
estimated 44% of the residents of Mombasa District lives below the monetary urban poverty line (Ksh
2,648 per month; see 3.3.5). Urban poverty rates across sub-Locations in Mombasa range from 21 per
cent to 80 per cent. Hence, poverty is not only a matter of income.
Poverty in Mombasa District is defined among other factors as the inability to access basic services
like water (Ministry of Planning and National Development 2002: p. 23). Water supply in Mombasa
district can be characterized as inadequate and inefficient. The total amount of water that is currently
supplied to Mombasa District is 84,250 m³/d and is derived from four sources, as indicated in Table 13
below. The estimated domestic water demand alone is 123,270 m³/d. When commercial, industrial and
other uses are taken into account, it can be seen that the current water supply to Mombasa is grossly
inadequate.
Table 13: Present Water Supply to Mombasa District
Source
Quantity of water (m³/day)
Mzima Springs
24,400
Sabaki river
47,550
Marere Springs
5,500
Tiwi Boreholes
6,800
Total
84,250
Source: (Coast Water Services Board 2005: pp. 2-3).
In Mombasa District thousands of people lack access to safe and affordable water. Although
approximately 80% of the households in Mombasa had water pipes in 2000 (UNICEF 2005: p. 26), for
only 45% a private piped connection was the primary water source at this time. Water kiosks and
water vendors were the primary water source for 43 % of the households (Ministry of Planning and
National Development 2002: p. 25). According to Gulyani (2000: p. 8) households in Mombasa District
are paying, on average USD 2.09/m³ (Ksh 156.5/m³) for water from kiosks, and USd 6.93/m³ (Ksh
59
519.50/m³) for water from vendors ho deliver at home (Gulyani 2000: p. 11). Such high prices reveal
the economic value of a finite resource and constitute a heavy burden for the people living below the
monetary poverty line.
If a household has only a small quantity of water to use, it is probable that all aspects of hygiene,
from bathing to laundry to washing of hands, food, and dishes, will suffer. This lack of quantity of water
combined with the use of water of bad quality has led to severe water related health problems in the
district and thus, to high mortality rates of children under five years (MPND 2002: p. 34), which stood
at 128 per 1,000 live births. This is not only a matter of social development, it is also a matter of
economic development, since people, suffering from water related diseases, are restricted in doing
income generating activities. According to the OECD (1998: p. 64) people can be described as poor, if
they are deprived by inadequate access to clean water, since water is a core element of well-being.
The Coast Water Services Board whose responsibility includes the planning and development of
water facilities in the Coast Region of Kenya proposed the construction of the 2
nd
Mzima water pipeline
to reduce the demand gap that exists and to provide reliable supply of good quality water to people of
Mombasa and its surrounding areas. Once the 2
nd
Mzima pipeline is constructed, the present
abstraction will be raised from present 36,000 m³/d to approximately 104,000 m³/d. According to the
Coast Water Services Board (2005: pp. 2-3) this capacity is sufficient to serve a bigger population
along the pipeline, Mombasa and the surrounding areas in general. Assumed benefits of the increase
in water supply are the reduction of water related diseases and improvement of poverty levels (CWSB
2005: p. 4).
Certainly there is potential of reliefing most of the water related problems in Mombasa District by
supplying more Mzima Springs water to people in the district. Once the 2
nd
Mzima water pipeline is
constructed, it seems important that water of good quality will reach every person to affordable prices
in order to prevent people from suffering water related diseases. A lot of efforts would have to be done
to serve everybody with enough water. Many household water connections have to be built, especially
in informal settlements, where people suffer most from the water supply deficit in Mombasa.
Also tourism as the major economic sector in Mombasa District (MPND 2002: p.15) could be
positively affected by the 2
nd
Mzima Pipeline. Mombasa District has several historical sites which are
major tourist attractions. Furthermore, the district is strategically located regarding to some of Kenya's
important game reserves such as Amboseli, Shimba Hills, Malindi Marine Park, Mzima Springs and
Tsavo National Park (Ministry of Finance and Planning, RoK. Mombasa District… 2002: p. vii).
Mombasa's beautiful sand beaches attract the development of high-class hotels, which provide
markets for farm produce, locally manufactured products and handicrafts, create employment
opportunities and earn foreign exchange for Mombasa District and the country. Among other reasons,
water shortages in the tourism sector contributed to bad performance of the districts economy (MPND
2002: p. 15). The slump of the sector between 1997 and 2001, has had wide socio-economic impacts.
Thirteen (13) out of 139 hotels were totally closed. This coupled with an average bed occupancy rate
of 40 per cent has affected direct employment in the hotels and other tourist establishments. Equally,
the low bed occupancy rate reduced marketing opportunities to farm produce sellers and
manufacturers of products. Improved water supply to hotels may not be the ultimate solution to the
problem in the tourism sector, but provision of enough good quality water from the Mzima Springs
60
would improve service quality and thus, attraction of hotels and increased chances to earn income in
the tourism industry.
One can conclude, that improved water supply by the planned 2
nd
Mzima pipeline combined with a
pro-poor water price policy and a just apportionment and distribution of water has potential to create a
pathway to poverty reduction in Mombasa District. On the other hand, increased water abstraction
from the Mzima Springs has the potential to negatively affect lives in rural Malindi District due to the
districts relatively disadvantageous position in the Athi River Basin. The next section tries to find out to
what extent the planned 2
nd
Mzima Water Pipeline Project could have affects on life in Malindi District.
4.2.3 Marginalization of Malindi District
Malindi District is one of the seven districts in Coast Province and covers an area of 7,605 km². It
borders Kilifi District to the south, Tana River District to the north and northwest, and Indian Ocean to
the east (see figure 2). Population in Malindi District was estimated in 2001 being 305,143, with
177,890 people living in rural areas. The towns Malindi and Ngomeni are the only locations with
population over 2,000 and were estimated in 2001 at 134,331 and 2,495 respectively (RoK 2001: p. 9).
Malindi Town has a very high population compared to other areas because of availability of
employment opportunities in the tourist establishments. The poor people are settled in informal
settlements.
River Sabaki flows across the district, creating many areas with irrigation potential and is source of
water to Malindi town. The river, which measures about 150 km long from its entry in the district in
Chakama Location to the Sabaki mouth influences human settlement as it provides water for both
human and livestock consumption and is a source of fresh water fish (RoK 2001: p. 6). However,
quality and quantity of water for domestic use is inadequate. Only 26,862 households out of 52,165
have access to piped water (RoK 2001: p. 10). The water quality in most areas is low, thus exposing
people to diseases. Areas along the Sabaki River are prone to cholera and other water related
diseases due to poor disposal of wastes (RoK 2001: p. 26). These inadequacies contribute to high
under-five mortality, that stood at 113 per 1000 live births in 2001. Furthermore, water related
diseases affect people living with HIV/Aids, since they are very susceptible to these kind of diseases.
The district's HIV/AIDS prevalence rate is between 15 - 17 per cent (RoK 2001: p. 23). This situation is
aggravated by climatic problems.
Several periods of drought for the lower Athi/Sabaki catchment areas (with Malindi District) are
known from 14 rain-gauges between 1909 and 1988 (UNEP, GoK 2000: p. 6). According to the
drought research team UNEP, GoK 2005: pp. 129-130), that visited Malindi on October 2000, Malindi
District like many parts of Kenya suffered from what has been called the worst drought in living
memory in Kenya, caused by the continuous failure of rainfall. There, a coastal strip stretching about 5
km from the sea did not experience the drought as it received adequate rains. The other parts of the
district, stretching further inland, experienced drought conditions. The effects of droughts were cross
cutting, with severe direct impacts on natural resources such as water, wildlife and land, and indirect
impacts on agriculture and livestock. Due to lack of rains the drier parts of the district experienced
acute shortage of water for human and livestock. Most steams and water pans dried due to lack of
61
rains. The volume of water reduced tremendously in rivers and lakes. Athi River as the main tributary
to Sabaki River dried up. In such situations, people in Malindi District may feel the disadvantages of
its most downstream position on the river system Athi/Galana/Sabaki.
As the most important sector in the district, agriculture feeds trade and tourism sectors with products
(RoK, Malindi DDP 2001: p. 33). 180,510 persons work in the agriculture sector (GoK. Ministry of
Planning and National Development 2001: p. 9). However, agriculture sector in Malindi District suffers
from droughts (see 2.1.1.1). Direct effects of drought are the drying up of the soil, which makes the
land prone to wind erosion, resulting in a loss of soil fertility and crusting of soil (UNEP, GoK 2000: p.
63). The soils of most of the land in semi-arid Malindi District are poor (see figure 17) causing the area
to have low potential for rain-fed crop farming (RoK. Ministry of Finance and Planning. Malindi DDP
2001: pp. 27-36). In times of drought, when there is low or even no output from agricultural activities,
people working in agriculture sector suffer from low incomes and reduced purchasing power regarding
basic food requirements.
Wealth status in Malindi District is charcterized by high monetary poverty incidence with rates of up
to more than 70 per cent of the population. The district has an estimated 198,120 persons considered
to live under the monetary poverty line (GoK. Ministry of Planning and National Development 2003: p.
66). In February 2006, about 226,000 people in the district were in urgent need of food relief (Ndurya
2006: p. 8). Food insecurity in Malindi District has led to high malnutrition incidence, mainly amongst
th
children under five years (see 3.3.5). According to the 4 Kenya National Human Development Report
(2004), 27 per cent of children below 5 years in Malindi District are underweighted UNDP 2005: p. 48).
This section points out the effects that the planned 2
nd
Mzima pipeline could have on Malindi District
by modification of flows in river Sabaki. This river forms a vene of life that flows across semi-arid lands
of Malindi District. It provides water for domestic use, is habitat for several fish and bird species and
destination for recreation. Reduced flow in river Sabaki due to increased Mzima Springs abstraction
may influence the conditions for these purposes. However, this paper focus on the influence on
tourism and agriculture sector, since both sector are closely related to the rivers' water. The major
challenges addressed by the Malindi District Development Plan (2002-2008) relate to decline in
tourism sector and food shortage as a factor of poverty (RoK, Ministry of Finance and Planning.
Malindi District …2001: p. 25).
At a first glance, Malindi District seems to be a peripheral region in relation to Mombasa District,
regarding population size as well as social and economic development state. This section tries to
analyse a possible centre-periphery relationship between the districts Mombasa and Malindi as well as
nd
possible marginalization processes, that the 2 Mzima pipeline could initiate.
Factors that make a region a periphery have different aspects, namely communicative, historic,
socio-psychologic, administrative, and economic ones (Schwarze 1995: pp. 1-17). In the scope of this
work mainly the economic aspects are considered. Mombasa and Malindi are two of the seven
districts in the Coast Province. From an administrative point of view, Mombasa District is the core or
the centre of the Coast Province, since Mombasa town is the capital of the Coast Province.
Regarding
the economic aspect of a centre-periphery concept, generally the spatial pattern of
development is unequal and structured by two components. These are the dominant centre and the
sub-dominant periphery (Dicken et al. 1999: pp. 194-195). The dominance finds its expression in the
62
per capita income and the gross domestic product of both regions. In 2004, the per capita income per
annum was in the districts Mombasa and Malindi Ksh 45,500 and 33,321 respectively. The gross
domestic product as the total output of goods and services for final use produced by an economy
(UNDP 2005: p. 48) was in 2004 Ksh 1,878 in Mombasa District, and Ksh 1,375 in Malindi District.
Regarding the difference in these figures and the fact that Mombasa District has approximately
825,000 inhabitants (see 2.2) and Malindi District about 305,000, the economic dominance of
Mombasa District over Malindi District within Coast Province is obvious.
Concerning the world economy, Ritter describes 5 types of peripheries, that also can be applied to
national or regional level (Ritter 1998: p. 316). According to these periphery types, Malindi District can
be classified as a backlog zone. Backlog zones are regions having been unable to participate in
normal developments due to historical, political, ethnical and religious reasons. Malindi District, that is
predominantly rural in character is hardly industrialized. Agriculture and rural self employment
contribute with about 60% to household incomes (RoK, Ministry of Finance and Planning. Malindi
District… 2001: p. 9). Through the history, it seems that most of the development efforts in the Coast
Province have been focused on Mombasa. Since at least the eleventh century, Mombasa has been an
important trading port since. From 1895 until 1907 it was the capital of the British colony and it has a
diverse economy based on trade and commerce, tourism and manufacturing. The district has a wellestablished industrial sector, comprised of six large and over 400 medium and small-scale
manufacturing enterprises (Rakodi et al. 2000: p. 154). As it was stated in 4.5.2, the 2
nd
Mzima water
pipeline project could - under certain conditions - alleviate most of the water related problems, that are
prevalent in the district and thus, boost the district's social and economic development.
On the other hand, reduced flow in river Sabaki by the planned 2nd Mzima pipeline could have
influence on e.g. irrigation agriculture in Malindi District in terms of quality and quantity. Water of river
Sabaki is heavily polluted due to poor sanitation and human activities upstream (RoK, Ministry of
Finance and Planning. Malindi District… 2001: p. 25), nevertheless it is used for irrigation and food
production in areas along river Sabaki in Malindi District. Mzima Springs water, which is of
exceptionally good quality (Gulyani 2000: pp. 52-56), drains into river Sabaki and improves thereby
water quality in the river further downstream and indirectly quality of agriculture products.
Consequently, reduced Mzima Springs inflow will worsen water quality of river Sabaki and relative
agriculture output in Malindi District.
According to the Malindi District Development Plan 2002-2008 (Malindi DDP), all the potential areas
along the Sabaki River should be developed for irrigation (RoK, Ministry of Finance and Planning.
Malindi District 2001: p. 25). For example, the "Sabaki/Bridge Horticultural Development Project
Malindi, Magarini Divisions" likes to increase horticultural production through utilization of Sabaki River
water resource. "2000 small-scale horticultural farmer along Sabaki river" is the corresponding target
in the Malindi DDP (RoK, Ministry of Finance and Planning. Malindi District… 2001: p. 25). Ongoing
Projects and Programmes in the sub-sector "Irrigation Development" in the Malindi DDP thrives to put
under irrigation 135,8 ha in Chakama, Mongotini, Sabaki Bridge and Sabaki Minor Irrigation Schemes
(RoK, Ministry of Finance and Planning. Malindi District… 2001: p. 25). At least in times of drought,
when there is no input from river Athi to river Sabaki, there is a clear dependency of the planned
irrigation schemes in Malindi District on water from Mzima Springs flowing to river Sabaki. Accordingly,
63
abstracting water from Mzima Springs for Mombasa District means reducing the opportunities of using
it for irrigation purposes in Malindi District.
Tourism is another sector, that is interlinked with water from River Sabaki and thus, may be impaired
by the 2
nd
Mzima Water Pipeline. The west coast line in Malindi has good beaches attracting tourism
activities, which have positive effects on economic growth and poverty reduction through employment
creation and promotion of socio-economic activities. The district has a number of hotels, 80 registered
restaurants, and 350 registered tourist relate enterprises. (RoK, Ministry of Finance and Planning
2001: p. 18). Tourism is one of the most important sectors in the district, since about 60% of the
district revenue is derived from tourism (RoK, Ministry of Finance and Planning 2001: p. 18). Decline in
tourism was identified by the Malindi DDP as one of the major challenges regarding the district's
development. While the average bed occupancy in 1995 stood at 62 per cent, it declined to a 25 per
cent in the year 2000 (RoK, Ministry of Finance and Planning 2001: p. 19). The observed trend
impacted negatively on the economy of the district. This affected the income levels and therefore
poverty levels in the district. (RoK, Ministry of Finance and Planning 2001: p. 20).
The question here is, if there would be any threats to tourism in Malindi District by reduced flow in
river Galana and Sabaki caused by increased abstractions by the planned 2
nd
Mzima pipeline. One of
the major attractions for tourists in Malindi District is the bird life at the mouth of river Sabaki about 5
km north of Malindi town. The Sabaki River Delta has the highest diversity of seabirds (37 species) in
the Eastern African Region using it as a feeding and resting area. (UNEP, World Heritage
Biodiversity… 2002: pp. 98-99). The state and size of the estuarine hosting site vary seasonally,
depending on flow in river Sabaki. No information was found, to what extent the seasonal variations in
river flow influence the birds' habitat and population. Mainly in times of low flow in river Sabaki, the
planned additional water abstraction by the 2
nd
Mzima pipeline could threaten life of the birds. Hence,
reduced population and diversity of bird species could negatively affect attractiveness of Malindi
District as a tourist destination.
The planned 2
nd
Mzima Water Pipeline poses another threat to the tourism sector in Malindi District,
since the Tsavo National Park, which is also dependent on the water from the Mzima Springs, could
suffer from the increased water abstractions. Tourism sector in Malindi District benefits from the
attraction of Tsavo East National Park that borders the district, by providing a popular visiting site.
Between 250 to 300 tourists a week from Malindi enter the famous National Park (Nyagah 2004: p.1)
for either game tourism, enjoying the abundant flora and fauna or just for recreation. Wildlife in Tsavo
East National Park and therefore indirectly tourism in Malindi District, is already under threat, since
land encroachment by an increasing human population has resulted in a loss of habitat and species
extinction on the park's edges (Chiemelu 2004: p.19).
In times of drought, Athi river, that flows across the National Park, can dry up. Mzima Springs water,
that merge in the Tsavo West National Park flows via river Galana and Sabaki through Tsavo East
National Park and provides there an important source for either fauna and flora. A study of
PriceWaterhouseCoopers (2002: p.36) states, that loss of water along the Tsavo/Galana/Sabaki river
system could have catastrophic consequences to the ecosystem of Tsavo East National Park.
It should be recognized, that the Integrated Water Resource Management Plan for Kenya (2005)
proposes to maintain adequate base flows in rivers flowing through national parks and game reserves,
64
since water scarcity already has negatively impacted on wildlife and their habitats as the major source
for the country's
tourism earnings (Water Resources Management Authority 2005: p. 36). No
information was found about minimum water requirements of wildlife in Tsavo East National Park.
Without reliable data on hydrology of the Athi/Galana/Sabaki river system, realistic impacts of the
planned 2
nd
Mzima Water Pipeline on downstream riparians (like Malindi District) can hardly be
assessed. However, from the consideration of this section it may be clear, that any additional water
abstraction in the districts further upstream could impair life in Malindi District. Apart from the planned
nd
2
Mzima Water Pipeline Project there are further plans of expanded use of water from the
Athi/Galana/Sabaki river system. For example, harnessing Athi River in Makueni District to provide a
big dam to irrigate the district was identified as an objective in the Makueni District Development Plan
(RoK 2001: p. 13). However, there is no mention of any quantity of water that is planned to be
abstracted from Athi River for irrigation in this district or in any other riparian district. There is need of
investigation concerning actual water abstraction and planned water use schemes along the
Athi/Galana/Sabaki river system.
Regarding the question if the use of water from Mzima Springs for development in Mombasa District
would exacerbate socio-economic differences between the centre (Mombasa) and the peripheral
region (Malindi), two different operative effects need to be taken into consideration. According to the
swedish economist Gunnar Myrdal, the building up of activities in wealthy regions has influence on
less wealthy backlog regions by spread and backwash effects (Haggett 1991: pp. 654-655).
Positive impacts of a prosperity region on other regions are called spread effects. These impacts
arise from growing demand on resources and agriculture products and spreading of advanced
technologies. Backwash effects are negative migrations as well as flow of capital and goods, that
promote development in the growing region. A typical example for a backwash effect is the brain drain.
Through such selective migrations, the backlog regions loose most of the qualified manpower. In the
worst case the region can loose its most active population, whereas only children and elder people
stay (Gaggett 1999: pp. 654-655).
These widely acknowledged ideas of Gunnar Myrdal can be very useful in predicting possible effects
initiated by the 2
nd
Mzima pipeline, that could work in the context of the centre-periphery structure
concerning the districts Mombasa and Malindi. The building up of the proposed water pipeline (as the
"action" according to Myrdal) from the Mzima Springs to Mombasa District would influence on the
peripheral backlog region Malindi District. With this, relative spread and backwash effects would work.
Malindi District could benefit from spread effects like growing demand of Mombasa District on
resources and agriculture products from Malindi District. No information was found on any
considerable resource in Malindi District, which could be exploited for trade with Mombasa District and
since Malindi District already suffers from food insecurity, there is obviously no potential for trade on
agriculture products with Mombasa District, unless water from river Sabaki is used for irrigated
agriculture. It should be regarded, that the 2
nd
Mzima pipeline even reduce possibilities for irrigation in
Malindi District due to the upstream-downstream correlation. The 2
nd
Mzima pipeline could threaten
agriculture in Malindi District if flow regimes of Mzima Springs return to low values as experienced in
1978, since in dry periods flow in river Sabaki in Malindi District is very sensible to Mzima Springs
abstractions. Since Mzima Springs flows vary over the years, no reliable statement can be made about
65
nd
sustainable spread effects that could work within the agriculture sector in the context of the 2
Mzima
pipeline.
Besides the spread effects there could also arise backwash effects. According to Myrdal's ideas,
those effects would promote development in Mombasa District and hinder development in Malindi
District. Negative migration could be one of the backwash effect, which could be initiated by the 2
nd
Mzima pipeline. Enhanced social and economic development in Momasa District, that would be
caused by improved water service provision, could attract people from the peripheral region Malindi
District in search of employment. If mainly qualified people migrate towards the centre Mombasa,
Malindi District would suffer from brain drain. Unless efforts to social and economic development in
Malindi District lead to such success, that new income generating activities could be created, negative
migration and brain drain could be a consequence of the construction of the 2
nd
Mzima pipeline. This
could even exacerbate the gap between the centre and the periphery and hence poverty situation in
Malindi District.
If the backwash effects overweigh the spread effects, Malindi District would suffer from loosing
attractiveness concerning different aspects of livelihood, like employment opportunities and socioeconomic development status. Since in that case the gap between the centre and the periphery would
expand, the operating spread and backwash effects of the 2
nd
Mzima pipeline could be described as a
process of marginalization. Although these considerations are hypothetical, they are based on facts
and possible developments, that do not lie beyond plausibility. To get a picture of at least one of all
possible developments, a scenario is described in the following section.
4.2.4 Scenario building: the potential catastrophe
There would be infinite possibilities in which form the impacts caused by the 2
nd
Mzima pipeline would
occur. They would be influenced by different factors like climate, land use, infrastructure development,
regional, national or even the global economy. Decision-making concerning the 2
nd
Mzima pipeline
needs to be done under conditions of great complexity and uncertainty in which it is not possible to
determine exactly levels of probability at a future point in time. In order to aid decision-making, a socioeconomic scenario was developed in the scope of this work. According to Mc Carthy, "a scenario is a
coherent, internally consistent, and plausible description of a possible future state of the world
(McCarthy et al. 2001: p. 147) ." Therefore, it is not appropriate to make a statement of confidence
concerning the scenario.
The aim of the scenario is to create a picture of how the future might unfold in the districts Mombasa
and Malindi with a realized 2
nd
Mzima pipeline. This picture is taken from the standpoint of moderate
pessimists. According to the futurological positions of Herman Kahn, moderate pessimists assume a
potential catastrophe (Mittelstädt 2005: p. 36. The described catastrophe in this scenario is mainly
caused by a long-term decline of outflow from the Mzima Springs, which would have consequences on
flow in river Sabaki, that is already reduced by the 2
nd
Mzima pipeline. The scenario is written in the
form of a flashback in the year 2015, done by a fictive member of an aftercare task force concerning
the Millennium Development Goals, who writes:
"Whereas a lot of countries and regions in the world celebrate the fulfilling of the Millennium
Development Goals set by 189 member of the United Nations in the year 1999, Malindi District in
66
Kenya failed in meeting of most of the 8 goals and its sublimed targets. Above all, Goal no. 1
"eradicate extreme poverty and hunger" is not reached, since food insecurity and high poverty
incidence is still prevalent in the district.
In 2005, when the decision was made to construct the 2
nd
Mzima water pipeline to support social
and economic development in Mombasa District, people in Malindi District worked hard to overcome
the acute food insecurity and relative poverty. As it was predicted already in 2001 by Mc Carthy,
extreme weather events like droughts have intensified in Kenya (McCarthy et al. 2001: p. 180).
However, national and international funds were provided for enough food relief in times when there
were no agriculture output due to droughts. In addition, funds supported the implementation of projects
proposed by the Malindi District Development Plan 2002-2008. More than the targeted 2000 smallscale farms were built along river Sabaki, which used the river's water for irrigation. Until the end of the
plan period (2008), people lifted themselves out of food insecurity, since most of the time water in river
Sabaki was enough for irrigation and production of vegetables, fruits, cereals and meat.
In 2008, other districts lying on the river system Athi/Galana/Sabaki upstream of Malindi District, like
Kitui, Makueni and Machakos also implemented thousands of small-scale farms with irrigation
schemes. The amount of water abstracted by those farmers reduced flow in river Sabaki considerably.
However, it was enough for all the farms in downstream Malindi District to irrigate their lands due to
input from the Mzima Springs via the rivers Mzima, Tsavo, and Galana. Hydrology of the Mzima
Springs and its water catchment area, the Chyulu Hills is complex and still little understood and thus,
there is still uncertainty about the reasons of reduction of Mzima Springs outflow, which reached in
2008 a level of approximately 2.0 m³ per second.
In the same year, for most of the people in Mombasa District ended a long period of water shortage.
nd
The 2
Mzima Water Pipeline was finally constructed. During the construction phase of the pipeline,
95% of all households in Mombasa District obtained well functioning water connections and metres.
Since the opening of the new pipeline, most of the water related problems could be alleviated and
almost eradicated. A well constructed water supply and distribution system, fair water prices and
efficient revenue collection by the water operator has led to low levels of losses and unaccounted for
water rates. Today, water related diseases are very uncommon in the district and water related child
mortality has decreased considerably. In the last seven years, industry in Mombasa District has
benefited from the good quality water from the Mzima Springs. Numerous enterprises in the
pharmaceutical industry settled and provided thousands of employment opportunities. The case of
Mombasa District is one example more of why water can be described as a cross-cutting tool to the
Millennium Development Goals (The Millennium Project of the Swedish Water House 2005: p. 5),
since using Mzima Springs water has been one of the main reasons for fulfilling most of the Millennium
Development Goals in Mombasa District.
From 2008 until these days, the new 2
nd
Mzima pipeline has abstracted more than 60% of the Mzima
Springs water. Since water users upstream of Malindi District have over abstracted water from the
rivers Athi and Galana, farmers in Malindi District have faced lack of water concerning irrigated
agriculture.
Due to its strategic disadvantageous downstream position, farmers in Malindi District have lost this
water use competition, because there is still lack of any treaty on sharing water resources in the Athi
67
River Basin, that would guarantee enough water for irrigation purposes in Malindi District. Like in 2005,
today people in Malindi District suffer from a severe food insecurity, seed stocks are empty and
national and international donors again provide food relief once a year for more than 100,000 people.
For more than five years now, a big part of the good qualified active population from rural areas has
migrated to the towns Malindi and Mombasa in search for employment. This has led to increased
poverty incidence in Malindi town, since ongoing decline in tourism sector has reduced employment
opportunities drastically.
Rapid growth of informal settlements in Malindi town has even worsen the situation. However, the
main cause for reduced income in the tourism sector is an other one. Most of the tourists in Malindi
District, formerly used to make journeys to the Tsavo East National Park. Since the Kenya Wildlife
Service closed the National Park for visitors, Malindi has become a less attractive tourist destination.
Since the key year 2008, when the 2
nd
Mzima pipeline was started, wildlife in Tsavo East National
Park has suffered even more from water related problems. Industrial and human waste, mainly from
Nairobi District, has polluted more and more the water in river Galana, the main river that flows across
the semi-arid National Park. This has occurred to such extent, that huge populations of animals have
weakened and died. This situation has even been exacerbated by water abstractions of the 2
nd
Mzima
pipeline, leaving little water for flora and fauna. In consequence, Malindi has lost many tourists, who
nowadays tend to travel to destinations, where abundant wildlife is found.
It can be diagnosed, that during the last 10 years the gap between the districts Mombasa and
Malindi concerning its development and wealth status has expanded. Climate change with relative
reduction of precipitation, low Mzima Springs outflow and over abstraction of upstream water users
contributed to bad farm output and food insecurity in Malindi District. The combination of food
insecurity and decline in tourism has led to a distinct brain drain, due to out-migration. Most of the
migrants went to Mombasa District, where there are no water shortages due to the 2
nd
Mzima pipeline.
Accordingly, this brain-drain partly can be described as a backwash effect, caused by the 2
nd
Mzima
pipeline. From a socio-economic point of view, Malindi District is today, more than 10 years ago, a
peripheral region in relation to the centre Mombasa District due to uneven development in the two
regions.
4.3. PRELIMINARY CONCLUSION: NEED FOR A SOUND WATER ALLOCATION MODEL
Increased water abstractions by the planned 2nd Mzima Water Pipeline have been planned with the
expectation that they will provide useful benefits to people in Mombasa District. It is expected that the
gains to the economy and society will outweigh the resource costs. The ‘direct costs’ that were taken
into account were limited to development, construction and financing costs. However, the notion of
‘direct’ cost should be expanded and include efforts to mitigate or reduce the social and environmental
impacts that a project like the 2nd Mzima pipeline will have, for example on Malindi District. From my
point of view, a detailed cost-benefit analysis of the 2nd Mzima Pipeline Water Pipeline Project, taking
into account the findings of the socio-economic impact assessment in this paper, probably would lead
to other results. For example ‘external’ impacts", like climate variability and related hydrologic
68
alterations could arise, which are not known to project developers or that are ignored in the planning,
design, construction and operation of a project.
Alterations in precipitation patterns, as assumed in the scenario building (4.5.4) and reduced output
of the Mzima Springs could lead to water use competition between riparian water using groups in
Mombasa and Malindi District. People in Mombasa District would be the winners in this competition,
since the planned 2
nd
Mzima Springs Water Pipeline would abstract water before it could flow to
Malindi District. Due to the hydrologic disadvantageous position, Malindi District would be the looser in
times of drought, since water in River Sabaki would not be enough to irrigate the fields to enhance
food security as proposed in the Malindi District Development Plan 2002-2008 (see 4.5.3). Such
circumstances point to the prevalence of inequity in sharing a common water resources between
riparians on the national level.
Problems in international river basins with inequitable sharing of common water resources among
co-riparian nations, as for instance in the Nile River Basin called for allocation rules to enhance
reasonable and equitable sharing of the common water resources. Customarily accepted international
water law based on the principle of equitable utilizatiton (see 2.3.1), which proposes that each basin
state has a right to utilize the waters of the basin and is entitled to a reasonable and equitable share of
the basin water. The No-Significant-Harm Rule imparts an obligation on the part of a state using the
resource not to injure the interests and rights of other states sharing the same resource (see 2.3.1).
These principles are expressed in the Helsinki and ILC Rules (see 2.3.2).
According to the Integrated Water Resources Management Plan, Kenya recognises the spirit of the
Helsinki Rules as a basis for management of transboundary water resources (WRMA 2005: p. 58). For
national river basins in Kenya, however, there is still lack of allocation principles, that are based on the
principle of equitable utilization and the No-Significant-Harm-Rule.
Chapter 5 tries to develop rules for optimal allocation and use of water resources in the Athi River
Basin, which are based on the aforementioned principles in the sense of water governance (see 2.
chapter).
5. OPTIMAL AND EQUITABLE ALLOCATION AND USE OF WATER RESOURCES IN THE ATHI
RIVER BASIN
Through a comprehensive look at the Athi River Basin in Kenya with a closer look at the water sector,
one can observe - under certain circumstances - asymmetric water conflicts. Possible impacts of the
planned 2
nd
Mzima Water Pipeline are a clear expression of such conflicts.
In order to regulate inequitable sharing of water resources in the Athi River Basin as the underlying
cause of water conflicts, a sound water allocation model need to be developed. It is the aim of the
author to develop such a model by using an interdisciplinary approach. As it was described in chapter
2, this approach draws from three different disciplines, namely ecology, economics and Politics.
Within the ecologic discipline there are recommendations to introduce an approach which uses the
river basin as the management unit and which promotes the co-ordinated development and
management of water, land and related resources to integrate all water using sectors in a river basin.
69
In this regard, the Government of Kenya already showed political goodwill and put efforts to develop
an Integrated Water Resources Management Plan taking these recommendations into consideration
(see 3.4.3.1). Integrated Water Resources Management is seen by the author as a prerequisite for a
successful implementation of the proposed water allocation model. Since progress in this regard
already has been made in Kenya (see 3.4.3.2), focus in the following is put on the disciplines
economics and Politics.
Since community participation and cooperation between stakeholders in the water sector is a prerequisite for successful water resources management in river basins (see 2.4) and thus, for successful
water allocation, the author likes to stress the necessity of these pre-requisites in the next section.
5.1 COOPERATION AND PARTICIPATION IN MANAGING WATER RESOURCES IN THE ATHI
RIVER BASIN
The major problem in the management of international rivers is the sovereignty of the states which
share the river basin. Cooperation in the development of an integrated river basin is a challenge to the
state's proclaimed sovereignty over its resources (Kliot 2001: p. 4), since in most of the cases, there is
lack of a powerful supranational institution, which would solve water using conflicts.
It may seem, that the Athi River Basin in Kenya do not face such obstacles in solving water using
conflicts between different water using groups like the co-riparian districts, since the Water Resources
Management Authority has the mandate to allocate water and therefore, the possibility to solve and
prevent water use conflicts.
Until the recent water sector reforms, the Government of Kenya implemented all water projects
without reference to or participation of stakeholders (WRMA 2005: p. 83). However, when the public
does not have access to documents, information, or decisions being made about the water resources
upon which they depend, they may perceive that these decisions are not in their best interests, that
government is hiding potential problems in a project, or that these decisions are the result of corruption
or bribery.
Broad participation by affected parties ensures that diverse values and varying viewpoints are
articulated and incorporated into any decision on water resources development projects. It also
provides a sense of ownership over the process and resulting decisions. In order to achieve this, the
Water Resources Management Authority calls for participation of the public in Water Resources Users
Associations (WRUAs) (see 3.4.3.1) on a river basin level (WRMA 2005: Public Notice).
In the proposed Athi River Basin water allocation model in this paper, WRUAs are adequate
institutions for water users of all sectors (agriculture, domestic, indudusty, etc.) to provide information
that is necessary for the Water Resources Management Authority to develop water allocation
principles that are based on the principles of efficiency, equity, and environmental sustainability. How
water users can contribute to development of such water allocation principles, we will see in the
following two sections.
70
5.2 ECONOMICS IN WATER USE
One of the overall principles of the National Water Resources Management Strategy is "to achieve
efficient and effective water use for optimum social and economic benefit" (see. 3.4.3.1). In the Athi
River Basin as well as in every other basin, different sectors use water with different efficiencies. For
example, water for irrigation agriculture in Makueni District may lead to low economic benefits due to
the harsh climate, whereas water for industrial purposes in Mombasa District could lead to high
economic benefits.
An analysis of alternative water allocation mechanisms in the Mekong River Basin by Claudia
Ringler (see 2.2.2) shows that to achieve both equitable and large benefits from water uses across
countries and sectors, the ideal strategy would be to strive for optimal basin water use benefits and
then to redistribute these benefits instead of the water resource.
From an economic standpoint, the author acknowledges the position of Ringler (see 2.2.2) and also
recommends to strive to shift water (in the Athi River Basin) to the highest-valued water use sectors in
order to maximise the economic benefit and then to re-distribute the benefits to all riparians in the river
basin.
Before water is allocated in such a manner, basic human water needs and those to support vital
functions of the water eco-system itself need to be satisfied. In this regard, the Water Act 2002
provides for a "Reserve" as the water required to satisfy basic human needs and to protect aquatic
ecosystems in order to secure ecologically sustainable development and use of the water resource
(Gerlach 2005: p. 15).
There are no calculations of values of water uses in different sectors (agriculture, domestic, industry,
hydropower, etc.) in the Athi River Basin. To assess such values, a comprehensive economichydrologic (see Ringler 2001 and Obeng-Asiedu 2004) model needs to be developed for the Athi River
Basin. The model should allow for the analysis of water allocation and use under alternative policy
scenarios. The model framework may take into account the sectoral structure of water users, and the
location of water using regions. The model can be useful for identifying crucial data gaps that need to
be filled to better understand the economics of water allocation in the basin. Currently, the WRMA is
not actively using river basin models for basin-wide water planning and management.
Furthermore, the question emerges how to redistribute the benefits from the use of water resources
to the riparians. Water using groups with high-valued water use in the Athi River Basin would
efficiently use water for optimal economic benefit. Every district or water using community could be
given a "water right" (see 2.2) as a right to a reasonable and equitable share of the basin's water.
Water rights within the district or the water using group then could be distributed to every single water
user. Every water user who needs more water than the amount he has a right to, he could bid for
water rights and thus, buy water from those who do not need it or cannot use it. Advantage of the
"water rights system" is that those water user on the water market get the rights to water who can pay
most for it. However, it is recognized that such tradable water rights require a functioning water market
(see 2.2) and that vulnerable people who neither have access to safe drinking water nor have the
possibility to access water markets need to be protected by direct water allocations.
Apart from granting water rights, pricing water with full cost recovery is another water allocation
mechanisms that is recommendable to enhance water use efficiency. By having a pricing system
71
applicable to water resources, abstractors and non-consumptive users are given a signal about the
costs of their water use on others and the environment. Particularly if this applied on a volumetric
rather than flat fee basis, pricing should lead to more efficient use of water in both the technical and
allocative senses of efficiency. For example industry in Nairobi District uses scarce water resources of
the Athi River Basin for high-valued water use. Using the pricing mechanism to allocate water in an
efficient way, this water user in Nairobi should pay a water price that includes monetary
compensations for those who do not use the basin's water or even give up using water due to its
lower-valued water use. The inclusion of the monetary compensations in the water price is congruent
with the full-cost-price-model as proposed by the Global Water Partnership (see 2.2.2), since the
compensations can be categorized as "economic externalities" arising from shifting water to highvalued water uses.
Searching the "optimal" solution regarding the achievement of benefits from water use (either
through a pricing mechanism or through tradable water rights) usually compromises the desire to
achieve equity at the same time. Equity in this proposed allocation system should be achieved due to
equitable redistribution of optimal benefits from using water. The next chapter describes the relevant
factors to be engaged for equitable sharing of benefits from water uses in the Athi River Basin.
5.3 EQUITABLE SHARING OF WATER OR BENEFITS FROM THE USE OF WATER RESOURCES
Due to the water sector reform in Kenya, water resources will be managed in an integrated way on the
river basin level as envisaged in the National Water Resources Management Strategy 2006, since the
river basin level is said to be the ideal geographic boundary to manage and develop water resources
(see 2.1). This integrated management strategy however, does not implicate automatically equitable
sharing of benefits from water use.
To achieve equity in distribution of water or even water rights to all riparians in the Athi River Basin,
the principle of equitable utilization, which has become most widely advocated by the international
legal community will be applied to the Athi River Basin. According to Wouters (2000: p. 205), the
principle of equitable utilization, complemented by appropriate procedural rules (i.e., exchange of
information, notice, consultation and negotiation, monitoring and compliance mechanism), is an
inclusive rule that can be effectively applied to assess the legitimacy of water use.
Both the Helsinki and ILC Rules aim at equitable utilization of commonly shared water resources.
Both the rules refer explicitly to international river basins. The upstream-downstream problem in
sharing common water resources is often conceived of as an international issue and concern
consequently has been expressed primarily in connection with the development and utilization of water
resources in international river basins. The same principal is, however, as noticeable within river
basins in a national context as in international river basins. Especially the factors to be considered
when allocating international water resources (Chapter 2, Article 5 of the Helsinki Rules and Article 6
of the ILC Rules) can be applied to the Athi River Basin. This application is possible, since the Helsinki
and ILC Rules in international river basins address a problem that is also prevalent in the Athi River
Basin: equitable sharing of water resources of a river basin among riparian administrative unities,
which lie wholly or partly within the river basin. Administrative unities in international river basins are
72
states and in the Athi River Basin in Kenya they can be provinces, districts, or locations.
Furthermore it is to stress that the application of allocation factors from the Helsinki and ILC Rules to
the Athi River Basin is the author's own approach and aims at allocating water or even benefits from
water resources. The factors to be considered when allocating water or benefits from water use are
listed in table 14. The factors are drawn mostly from the Helsinki Rules, since they seem to be more
detailed than the factors of the ILC Rules. The factors have been adapted to be suitable for application
to the Athi River Basin, hence reference is made to districts and not to states. The 9. and 11. factor of
the Helsinki Rules are not considered here, since they exclusively refer to the utilization of water and
thus, adaptation for sharing benefits of water resources is not possible. Furthermore, the 10. factor
refers to the practicability of compensations and thus, is not necessary to mention, since
compensation is a main component of the economic approach of this allocation model.
Table 14: The factors to be considered when allocating water or benefits from water use (as adapted
from the Helsinki and ILC Rules)
1. The geography of the basin, including in particular the extent of the drainage area in the territory
of each basin district
2. The hydrology of the basin, including in particular the contribution of water by each basin district
3. The climate affecting the basin
4. The past utilization of the waters of the basin, including in particular existing utilization
5. The economic and social needs of each basin district
6. The population dependent on the waters of the basin in each basin district
7. The comparative costs of alternative means of satisfying the economic and social needs of each
basin district
8. The availability of other resources
The rules which relate to the geography, climate and hydrology of the Athi River Basin have to be
applied to the twelve riparian districts (see 3.1) in order to suggest that an equitable distribution of
benefits from water use might be in order. Some difficulties may emerge from this application. First, as
there is no preferential precedence to any of the rules (like in the Helsinki and ILC Rules), it is difficult
to evaluate how equity and justice can best be served. For example, a 'just' allocation for the upper
riparian districts (Nairobi, Kiambu, Thika) would be founded on its large water contribution. For several
other districts, like Makueni and Kitui on its enormous economic and social needs. A 'just' water
allocation for Malindi District would be based on its total dependence on the Sabaki River influenced
by its downstream position. Putting differential weight to each of the aforementioned factors in a
participatory process would serve the principle of equitable distribution of water or benefits from water
use.
A further difficulty in the application of the factors is the scarce data, for example the hydrological
data, which make judgement of 'equitable allocation' difficult. Climatic changes, altering rainfall
patterns and any other changes in hydrology might create difficulties of this kind. Furthermore, reliable
information on socio-economy in the Athi River Basin is necessary for assessing social and economic
needs.
73
After assessing the share of water every district is entitled to (according to the factors mentioned in
table 14), water or benefits from water use can be equally distributed to the districts according to the
share of water they are entitled to. Then it is to ensure, that within each district the benefits are
distributed in an equitable manner. It falls outside the scope of this paper to tackle this challenge, but
sharing in per capita terms seems to be a reasonable method for the domestic water sector. Water or
water rights for industrial and agricultural sector or even hydropower sector need to be defined in a
process that is characterized by broad participation of the public in all levels of water management. In
a cooperative manner information about values of benefits from different water uses should be
provided in order to be able to determine future water allocations to enhance efficient water use.
Allocating water rights according to the factors of the Helsinki and ILC Rules should enhance equitable
sharing of common water resources in the Athi River Basin.
6. SUMMARY AND CONCLUSIONS
One critical problem confronting mankind today is how to manage the intensifying competition for
water between urban centres, traditional agricultural activities and in-stream water uses dictated by
environmental concerns. Population growth, economic development, and changing regional values
have intensified competition over water resources worldwide, leading to predictions of increasing
future conflicts. Of particular concern to the international community is the potential for conflict within
the world's 263 international basins, as for instance in the Mekong River Basin, the Euphrates and
Tigris River Basin, and the Nile River Basin, where water is unequally shared between the riparian
nations.
Kenya as one of the ten riparian countries in the Nile River Basin faces a water crisis which is very
complex in nature. Generally, Kenya is categorized as a water-scarce country, where water is
distributed uneven in time and space. More than 80 per cent of the country comprises of arid or semiarid lands, where some regions do not receive more than 200 mm rainfall per year. Droughts and
floods resulting from climate variability have major impacts on human lives and leads to crop and
livestock losses. Since in urban as well as in rural areas employment and income generating is low,
crop and livestock losses contribute to food and nutrition insecurity. During the 1997/98 El Nino floods,
many water supply structures were either destroyed or severely damaged. In addition, the amount of
water in storage is inadequate for the population of a country that is growing rapidly and exposed to
considerable rainfall variability.
Kenya has had a poor record of water resource management in recent years. Operating funds for
managing the country's water resources have been falling, with consequences for water allocation
decisions and water quality management. A high percentage of water abstractions are unauthorized
leading to high unaccounted for water rates. Water allocation decisions are made on the basis of
inadequate hydrological information and questionable granted water permits are common. In waterstressed areas, the consequences of poor water allocation are significant. Over-abstraction of water
from rivers, which were originally perennial, tend to dry up in times of drought. Groundwater resources
have been over-exploited in intensively settled parts of the country leading to increased pumping
costs, as it is experienced in the urban Nairobi Disrict. Urban sewage is discharged directly into water
74
bodies and agricultural chemicals continue to reach rivers and lakes. Furthermore, forest clearance
lead to more variable flows and higher sediment loads in rivers and thus, dams and pans silt up.
Although the costs of poor water resource management are not as high as those resulted from climate
variability and extreme events, they occur every year and hence, affects Kenyan economy
considerably.
The centre of interest of this paper are water conflicts in the Athi River Basin as one of the five river
basins in Kenya. The Athi River Basin in southern Kenya stretches from the Rift Valley to the Indian
Ocean and covers 66,837 km². The river basin comprises of parts of the provinces Nairobi, Central,
Rift Valley, Eastern, and Coast and its subordinated districts Nairobi, Kiambu, Thika, Kajiado,
Machakos, Kitui, Makueni, Malindi, Kilifi, Mombasa, Kwale, and Taita Taveta.
Most of the River Basin is arid or semi-arid lands with a mean annual rainfall of 535 mm that leads to
a total mean surface runoff of 1,152 million m³ per year and to an annual groundwater recharge of 296
million m³ and thus, to an annual renewable freshwater resource of about 1,448 million m³ per year.
The Athi/Galana/Sabaki river system as the main hydrologic feature in the river basin has alone a
mean annual runoff of about 720 million m³. It is mainly fed by water from the Aberdare Range Forests
in central Kenca, one of the five "water towers" of Kenya. This important water catchment area
however, is threatened by encroachment and degradation leading to variability in surface water flow
and thus, exacerbating the already extreme flow fluctuation throughout the year.
Land of the Athi River Basin is conditioned by a harsh climate and low fertily soils and is covered
mostly by bushland and thicket. Hence, land is one of the most important assets in the river basin,
since the majority of the 7 million people living in the Athi River Basin are engaged in agriculture and
pastoralism to sustain their livelihoods. In the districts Thika and Kiambu that are situated in the upper
reaches and more humid regions of the Athi/Galana/Sabaki river system, water is used to irrigate
fields to produce farm products for markets in the urban region Nairobi district. Among agricultural
dominated districts, Thika and Kiambu are the wealthiest in terms of income. Nairobi district lies also in
the upper reaches of the Athi River Basin. The district is urban in character and faces typical urban
problems. About 826,000 out of 2.1 million people live under the monetary poverty line. The industrial
sector in Nairobi, which contributes a lot to the country's economy, contributes a lot to pollution of
groundwater and surface water resources. Effluents from industries contaminate Nairobi Rivers as
important tributaries to the Athi River and thus, considerably reduce water quality in the
Athi/Galana/Sabaki river system. Discharching solid and liquid human wastes exacerbate the situation
and leads to health problems of people and livestock living further downstream.
The districts Machakos, Makueni and Kitui are the riparians in the middle reaches of the
Athi/Galana/Sabaki river system. Athi River flows through Machakos District, where livestock keeping
is the economic mainstay. Then, the river forms the boundary between the arid or semi-arid lands of
the districts Kitui and Makueni, where water is used for human beings and livestock. Poor soils and
unsuitable climate make successful farming impossible there. 58 per cent of population in Makueni
District do not have access to save drinking water. In Machakos and Kitui District 62 per cent and
respectively 86 per cent of people struggle access to safe drinking water. It is to mention, that most of
Kitui District belongs to the Tana River drainage area.
One of the largest districts in the Athi River Basin in terms of size is Kajiado District, whose eastern
75
part lies in the Athi River Basin. This district consists due to the arid climate almost entirely of ranching
zone. Most parts of Taita Taveta District also are unsuitable for agriculture and keeping livestock by
pastoralists and agropastoralists is common. A main part of Taita Taveta, that lies entirely within the
Athi River Basin is excluded for cultivation purposes, because it is gazetted Tsavo National Park with
abundant wildlife and tourism attractions and income generation activities. Water from the rivers
Tsavo, Mzima, and mainly Galana is very important for survival of human beings and wildlife in the
arid climate. Mzima Springs as a reliable source of surface water discharges water via the Rivers
Mzima, and Tsavo into Galana River, that becomes Sabaki River further downstream.
The most downstream districts in the Athi River Basin are those which lie on the coast line of the
Indian Ocean, namely Malindi, Kilifi, Mombasa, and Kwale. On a coastal stretch of a few kilometres,
the land receives rainfall that makes rainfed cultivation possible in all the four districts. In the districts
Malindi, Kilifi, and Kwale the hinterlands are dry and unsuitable for rainfed cultivation. Soils are
suitable for irrigation, but irrigation infrastructure is weak and thus, hinders agricultural development.
These districts are prone to cyclic droughts and were hit hard during the last severe La Niña drought
1999 - 2000. Human lives and those of livestock could have been saved, if improved water storage
capacity would had been available. High seasonal fluctuations in flow of water in the
Athi/Galana/Sabaki river system provide opportunities to store water from peak flows in the wet
seasons to use it in times of drought. Socio-economy of the three latter mentioned districts reveals
high percentage of people living under the monetary poverty line and underweight children below 5
years being indicators of high poverty levels in the society. 736,000 people in the district of total
1,321,988 are not able to buy a basket of food, which is adequate to secure household food and
nutrition security. In all three districts water is needed urgently to boost social and economic
development.
Mzima Springs as the main contributor to River Galana serve as the main source of good quality
drinking water for Kenya's second biggest urban area, Mombasa District, which is lying most
downstream in the Athi River Basin. Households and industrial sector in general and specifically
tourism industry in Mombasa District as a major contributor to the country's economy demand more
water than available and suffer from this permanent supply gap. Groundwater resources, for example
the Tiwi Boreholes, are threatened by saltwater intrusion and salinization of the groundwater. Water
related diseases contribute to high child and maternal mortality rates.
Water demand in the Athi River Basin will increase, if water resources development projects as
proposed by several district development plans will be installed. This will aggravate water scarce
situations in times of drought, which are common in the Athi River Basin and hence, lead to water
using conflicts between co-riparians. For example, riparians living in the upper reaches of the
Athi/Galana/Sabaki river system have the opportunity to expand water use by abstraction of water
from river Athi and its tributaries. Riparians in the lower reaches of the river system are dependent on
water that is left to them. In the Athi River Basin, the amount of water left to downstream riparians
sometimes in not enough to satisfy the needs of humans, livestock, wildlife and the ecosystem of the
river itself due to over-abstraction further upstream. This is what we can call an asymmetric water
conflict because of asymmetry or inequality of water use among the riparians. In drought periods, that
occur ever three to four years, asymmetric water use conflicts are common in the Athi River Basin.
76
During the last severe drought between 1999 and 2000, Athi River dried up in its upper parts in
Machakos District for the first time in living memory and no water was left for use in the downstream
districts Makueni, Kitui, Taita Taveta, and Malindi.
Such asymmetric water conflicts can even be intensified by realizing planned water resources
development projects that assign increased water abstractions. This paper focused on a water
resources development project that may affect life in the districts Mombasa and Malindi. Both districts
aim at using water as a medium for meeting the targets set out in the districts' Development Plans and
both districts plan to use the same source for development. The Mzima Springs water. Good quality of
Mzima Springs water could contribute to the social well being and economic growth of human
populace in urban Mombasa and rural Malindi District as both social and economic activities rely
heavily on access to adequate quantities of water of suitable quality.
To relief water related problems by expanding water supply in Mombasa District, a second water
pipeline is planned to be constructed from the Mzims Springs to Mombasa. Current water abstractions
of 36,000 m³ per day would be increased to about 104,000 m³ per day. If properly planned, this
additional water supply has potential to reduce poverty and improve socio-economy in Mombasa
District. Water that is not abstracted for use in Mombasa District, remains for downstream users,
namely wildlife in Tsavo National Park and people and livestock in Malindi District. In times of drought,
when there is no water inflow from River Athi, these riparians are especially dependent on water from
the Mzima Springs, since it is the only reliable and constant tributary to the Rivers Galana and Sabaki.
Development Plans in Malindi District propose to harness River Sabaki to irrigate fields for food
production and employment creation in agriculture sector and thus, to fight food insecurity and poverty.
However, from actual knowledge it needs to be assumed, that there is a possibility of long-term
reduction of Mzima Springs outflow to considerably lower levels. If outflow from Mzima Springs return
to levels of e.g. 1978 (172,800 m³ per day), the 2
nd
Mzima Water Pipeline would abstract of more than
60 per cent of the total outflow and lead to water use competition between water users in Mombasa
District and those further downstream, e.g. small-scale farmers in Malindi District. Due to the
hydrological downstream position in the river basin, water user in Malindi District would be the loser of
this "competition" and as a consequence, agriculture and tourism as the mainstay in Malindi District
would suffer from decreased water supply.
As the Mombasa-Malindi example shows, Athi river basin faces serious challenges with regard to
the management of its main water resource the Athi/Galana/Sabaki river system and its main tributary,
the Mzima Springs. Some of these challenges are due to factors both within and outside the water
sector. Climate variability is a factor that the water sector may not be able to control, but initiations can
be made to ensure sustainable water resource management. Development of new and additional
storage facilities should be constructed urgently in order to mitigate the effects of periods of both
droughts and floods. However, asymmetric water conflicts not only pose the challenge to improve
availability of water resources throughout the year, but also to eradicate the underlying problem of the
conflict: inadequate and inequitable water allocation among the co-riparians. Since there is lack of
sound water allocation principles in the Athi River Basin, this paper provides a newly developed water
allocation model, which aims at economic efficiency, equity and environmental sustainability.
Balancing the economic, political, and environmental interests in the basin's water resources is a
77
highly complex task. The principles of the National Water Resources Management Strategy 2006
concerning equity, efficiency, and environmental sustainability in water allocation are somewhat contra
dictionary. For example, it is not possible to allocate water with the intension to achieve equity in
access to water and to achieve "optimal" economic benefit from the use of the water resource at the
same time. The Athi River Basin water allocation model aims to overcome this obstacle by using an
approach that draws from the disciplines ecology, economics, and politics.
The ecological discipline of the water allocation model adopts a basin approach. A basin perspective
allows us to integrate all upstream and downstream issues and to understand the interrelatedness of
competing uses and users in the Athi River Basin to integrate other natural resources and human
interventions with the management of water resources in the basin. The Government of Kenya already
has put efforts on implementation of Integrated Water Resources Management as advocated by many
scientists and international organisations, like the Global Water Partnership. The government's
National Water Resources Management Strategy 2006 strives for efficient use of water resources for
optimal economic benefit. Hence, Water Resources Management Authority whose duty is to develop
water allocation rules, needs to take into consideration the target of efficient use of water resources
when developing water allocation rules.
Keeping this in mind, the suggestions to allocate water also draw from economics. From an
economic standpoint it is recommendable to shift water to high-valued water uses in order to achieve
optimal benefits and then to redistribute the benefits to all riparians by means of either a water pricing
system or tradable water rights. The author recommends the introduction of an innovative integrated
economic-hydrologic model for the entire Athi River Basin that allows an analysis of water allocation
and use under alternative policy scenarios. The development of integrated economic-hydrologic
modelling tools together with complementary analyses (e.g. values of water uses) can be a critical first
step to overcome some of the obstacles to efficient management in the Athi River Basin.
Redistribution of benefits from efficient water use poses the questions: "how can equity in distribution
of benefits be achieved?" or "who in the basin is entitled to what water of the basin?" This questions
have been answered in an international context, since equity in sharing common water resources
between the riparian states is of vital importance to avoid water use conflicts in international river
basins.
To mitigate the likelihood of water allocation conflicts as well as to resolve existing disputes
concerning this question, the international community has devised principles for international water
resources management. Over the past century, these principles have been refined and codified in the
"Helsinki Rules on the Uses of the Waters of International Rivers" (1966) and in the "United Nations
Convention on the Law of the Non-Navigational Uses of International Watercourses" (ILC Rules)
(1997). The basic principles of these international laws in the matter of international rivers are based
on equity and justice. "Equitable" does not mean equal use, rather it means that a large variety of
factors, including population, geography, social and economic needs and the availability of alternative
resources, can be considered in the allocation of water rights. The international law for international
rivers is not mandatory and cannot obligate states to solve conflicts. However, its principles are widely
acknowledged, although not publicly accepted by riparian countries.
The Athi River Basin water allocation model adopts the international water law's approach to achieve
78
equity in determining water rights for the basins co-riparians. According to international water law,
which seeks to determine water rights for each riparian state, the Athi River Basin water allocation
model aims at determining water rights for each riparian district in the river basin. Adapted from the
Helsinki and ILC Rules, the Athi River Basin water allocation model considers factors of geography,
hydrology and climate of the river basin, past and existing utilization of water, population and
economic and social needs of each basin district and availability of other resources. Comprehensive
information on the status of the Athi River Basin provided by this paper should enable decision-maker
at least to roughly estimate each district's right to water of the Athi River Basin.
Equitable sharing of either the basins' water resources or a benefits from the use of the basins' water
resources by upstream and downstream riparians with diverse economic and social development and
water resource needs, efficient and beneficial use of scarce water resources and sustainable
development of the natural resources in the basin requires effective cooperation of all stakeholders for
the allocation and management of water resources. Tradeoffs among the diverse regional
development goals must be carefully accounted for and examined in an integrated framework of
analysis, in order to facilitate a structured approach to the development of Athi River Basin water
resources.
One can conclude, that the target of the water allocation model is to allocate water of the entire Athi
River Basin with the objective of environmental sustainable, efficient and equitable use of the basin's
water.
The suggestions made in this paper are exploratory and conceptual. They are meant to stimulate
thinking about the problem of sharing common water resources in the Athi River Basin. The approach
as developed here should not be considered a recipe that calculates the "right" water allocations. It is
a tool that may assist in opening up new options and perspectives for water stakeholder in the Athi
River Basin in developing water allocation mechanisms that avoid unequal sharing of common water
resources.
Though, this concept of allocating water is not restricted to the Athi River Basin. It is based on
scientifically widely acknowledged solutions to water sharing conflicts. From the author's view, the
concept can be applied to every river basin where water conflicts occur due to problems with
upstream-downstream relations between co-riparians. Hence, it would be necessary to discuss the
findings of this work in a participatory process in the river basin where the concept is supposed to be
applied.
79
Figure 1: Africa Political
Source: Macmillan 2005: p. 44
80
Figure 2: Kenya Administration
Source: Macmillan 2005: p. 14
81
Figure 3: Kenya Physical
Source: Macmillan 2005: p. 15
82
Figure 4: Kenya Mean Annual Temperature
Source: Macmillan 2005: p. 23
83
Figure 5: Kenya Average Annual Rainfall
Source: Macmillan 2001: p. 29
84
Figure 6: Kenya Agro-climatic Zones (see map enclosed in the backside cover)
Figure 7: The Five Major "Water Towers" of Kenya
Source: Mogaka et al. 2006
85
Figure 8: Major Drainage Basins in Kenya
Source: National Water Master Plan 1992
86
Figure 9: Kenya Districts and Drainage Basin Boundaries
Source: Database Coast Water Services Board 2005
87
Figure 10: Aberdare Range Forests
88
Figure 11: Kenya Land Classification
Source: Kenya Central Bureau of Statistics
89
Figure 12: Description of Agro-Ecological Zones in Kenya
Source: Jaetzold, 1983
90
Figure 13: Agro-Ecological Zones: Districts Kiambu and Thika
91
Figure 14: Agro-Ecological Zones: Southeast Kajiado
92
Figure 15: Agro-Ecological Zones: Districts Machakos and Makueni
93
Figure 16: Agro-Ecological Zones: District Kitui
94
Figure 17: Agro-Ecological Zones Malindi, Kilifi, Mombasa Districts
95
Figure 18: Agro-Ecological Zones: District Kwale
96
Figure 19: Agro-Ecological Zones: District Taita Taveta
97
Figure 20: Kenya Major Cash Crops
Source: Kenya Central Bureau of Statistics
98
Figure 21: Kenya Poverty Incidence District Level
Source: CBS 2003
99
Figure 22: Kenya Poverty Density
Source: CBS 2003
100
Figure 23: Beef cattle in Kenya
Source: Macmillan 2005: p. 27
Figure 24: Dairy cattle in Kenya
Source: Macmillan 2005: p. 27
101
Figure 25: Kenya Industry and Energy
Source: Macmillan 2001, p. 39
102
nd
Figure 27: 2 Mzima Water Pipeline Project
Source: National Water Conservation and Pipeline Corporation 1999, p. 148
103
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