WATER GOVERNANCE THE DUTCH WATER AUTHORITY MODEL
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WATER GOVERNANCE THE DUTCH WATER AUTHORITY MODEL
COLOPHON EDITION © Dutch Water Authorities, 2017 PO Box 93218 2509 AE The Hague The Netherlands Internet: www.uvw.nl E-mail: info@uvw.nl AUTHORS Herman Havekes Martin Koster Wijnand Dekking Rob Uijterlinde Willem Wensink Ron Walkier (NWB Bank) PRINTING Opmeer BV, Den Haag EDITION 1,000 copies
PREFACE
Dear reader,
The global water reality poses serious and increasing challenges. Today 40% of the world’s
population is living in water-stressed river basins. As water professionals we experience
every day that water is a limited and highly variable resource, involving constraints and
risks of too much, too little or too polluted water. The OECD perspectives for water up to
2050 are sobering, according to its Environmental Outlook. In 2050, around 240 million
people are expected to remain without access to pure water, and 1.4 billion without access
to basic sanitation. Imagine! But also outside the water sector, the risks of water crises are
being noted. The 2015 World Economic Forum’s Global Risks report, for instance, identifies
water crises as the greatest impact risk facing the world in the coming 10 years.
The challenge is huge and fascinating, both for the water sector itself and for related
areas. In a country like the Netherlands, both water governance and operational
management are issues of ‘to be or not to be’. The 21 decentralised and autonomous
regional water authorities play a key role. We go under the name of: Dutch Water
Authorities (www.dutchwaterauthorities.com).
We have written this booklet for everybody who is interested in water governance, with
focus on the regional and basin scale. It gives you an insight into who the Dutch water
authorities are and what they do, but especially into how they work as a public organisation,
in the Dutch multilevel governance context. Special attention is paid to our legislative
and organisational structure, administration and financing. These aspects are frequently
discussed in our many contacts with foreign relations.
The Dutch water authority model, which has its origins in the 13th century, is alive and
kicking. The OECD reviewed our water governance in 2014, in view of future challenges.
The qualification “a global reference” was rewarding. At the same time, we are happy to
have reflections and incentives for improvements in our water agenda for the coming
years.
The Dutch water authority model 3
The way we have organised water governance in the Netherlands attracts international attention. In international co-operation, Dutch Water Authorities share their experiences with partner organisations all over the world, both in terms of governance, operational expertise, management and financial tools and techniques. DWA have long standing partnerships with counterparts in several countries to foster decentralized water management in all its aspects. Every day I experience the need to share expertise to prevent disasters, to provide sufficient water services to communities and economic sectors and to address present and future water challenges of society all across the globe. The time for action is now! With this booklet I wish you inspiration in addressing the water governance challenges in your situation. mr. J.H. Oosters President of Dutch Water Authorities
TABLE OF CONTENTS
09 1 INTRODUCTION
09 1.1 Decentralised water management, a global theme
11 1.2 The Dutch water authority model
14 2 REGIONAL WATER AUTHORITIES AND THEIR LEGAL BASIS
14 2.1 Water governance
16 2.2 The position of the regional water authorities
18 2.3 The Regional Water Authorities Act (RWA Act)
20 2.4 The Water Act and (forthcoming) Environmentel planning Act
21 2.5 The administrative organisation of water management
25 2.6 Intergovernmental CO-OPERATION
27 2.7 Regulation
28 2.8 Participation and legal protection
29 3 DEMOCRATIC LEGITIMACY
29 3.1 The Dutch polder model
30 3.2 The composition of boards
35 3.3 Elections
36 4 FINANCIAL INDEPENDENCE AS A RESULT OF THEIR OWN TAX
SYSTEM
36 4.1 Financing Dutch water management
38 4.2 Financing of regional water MANAGEMENT by the water authorities
41 4.3 The water system charges
43 4.4 The surface wastewater treatment and pollution levies
The Dutch water authority model 5
47 5 A DEDICATED FINANCIAL INSTITUTION:
NWB BANK (NEDERLANDSE WATERSCHAPSBANK N.V.)
47 5.1 Combining strengths
47 5.2 Brief history of the Dutch situation
48 5.3 The concept of a bank
50 5.4 Form
51 5.5 Key NWB Bank figures
52 5.6 Corporate social responsibility
55 6 THE ASSOCIATION
58 7 FINAL CONCLUSIONS
62 BIBLIOGRAPHY
The Dutch water authority model 7
1 INTRODUCTION
1.1 DECENTRALISED WATER The Dutch regional water authority model
MANAGEMENT, A GLOBAL THEME is not unique. Similar water governance
structures exist elsewhere in Europe
Water management is facing enormous and further afield. Internationally, the
challenges both nationally and inter governance structures and financing of
nationally. Climate change, a rapidly decentralised water institutions are
increasing population and economic recurrent themes. The sophisticated
develop ments are putting immense regional water authority system in the
pressure on water systems. This parti Netherlands attracts particular attention
cularly applies to the flat, low-lying areas as regards these aspects. More than fifty
of the world such as deltas and coastal and percent of the Netherlands would be under
river plains where the population growth is water if the water management was not up
concentrated. Governments have a clear to standard, so pure water and dry feet are
responsibility for the safety of inhabitants great achievements in this country. And,
from flooding and the management of indeed, if the regional water authorities
water resources. These tasks, which in the would fail to do their work for even a
Netherlands are largely allocated to water single day, the lower-lying areas of the
schappen (regional water authorities), not Netherlands would immediately be in
only require adequate funds, physical trouble.
infrastructure and knowledge, but also a
good institutional structure to be efficient At international meetings, such as the
and effective to engage stakeholders and World Water Forums, the Netherlands
to build trust. That is good water actively brings in its governance
governance. experiences with the management of its
regional water system, not as a blueprint,
The 21 regional water authorities in the but as food for thought. Components of
Netherlands in 2017 are an autonomous, this model can also be used in other
fully-fledged authority alongside the State constellations. And every little helps in
and provincial and local governments. improving governance of the global water
The Dutch water authority model 9system. After all, the second UN World examine solutions that fall outside the
Water Development Report (2006) traditional approach. For example, they
describes the global water crisis in this took a fresh look at the traditional
century primarily as a water governance wastewater treatment process, and this
crisis. has resulted in two new concepts: the
Energy Factory and the Raw Material
Developments are ongoing in the Factory (see www.efgf.nl). Smart
Netherlands as well as elsewhere. In terms technologies make it possible to produce
of content, the focus is on anticipating extra energy and extract valuable raw
climate change and on properly materials, such as phosphate, from
implementing European policy, such as wastewater. The water authorities are
the Water Framework Directive and the working hard to further increase the
Directive on the Assessment and Manage efficiency of their processes and investing
ment of Flood Risks. In the autumn of 2014, millions in measures that quickly pay
the Netherlands established the Delta back. By treating wastewater in a sustain
Decisions, which are aimed at more able way, the regional water authorities are
effectively protecting the country against saving energy and money.
flooding and freshwater supply in the
years to come. And at the end of 2016 new On 17 March 2014, the OECD published a
safety standards for our primary dikes report on Dutch water governance that
have been laid down in the Water Act. was commissioned by the Ministry of
In the years leading up to 2050, 200 dyke Infrastructure and the Environment and
sections – covering a total length of 1,500 Dutch Water Authorities. In the report, the
kilometres – will be strengthened. Regional OECD expresses its respect for water
water authorities have a crucial role in governance in the Netherlands, which it
this, along with their duties in the fields of typifies as a “global reference”. According
safety from flooding, the management of to the OECD, water governance in the
water quantity and quality, and the Netherlands is organised efficiently, and
treatment of urban wastewater. They do this also applies to the role played in this
not do this in close co-operation with the by the regional water authorities. In his
State and provincial and local presentation, Deputy Secretary-General
governments. That intergovernmental Yves Leterme of the OECD characterised
co-operation is also the main theme of the the regional water authorities as the
Administrative Agreement on Water that “backbone” of Dutch water governance.
was signed by these parties (and the
association of water companies, VEWIN) in This booklet tells the reader all about the
May 2011. Dutch water authority model. It gives
insight into the organisation, management
Because innovative solutions can help to and funding of the regional water
achieve objectives faster and at a lower authorities.
cost today the Dutch water authoritiesAfter a concise outline of decentralised required to keep the land dry, to produce
water management in the Netherlands in water of a high quality and to harmonise
section 1.2, the legal basis of the regional water management with social functions
water authority is discussed in detail in in their densely-populated country. The
Chapter 2. Chapter 3 is devoted to their Dutch feel safe, protected as they are by
democratic legitimacy: the relationship dykes, dunes and dams. However, without
with of society, such as residents and this continuous care and maintenance of
interest groups, which deviates from the many flood defences, locks, pumping
general democracy. ‘Interest-pay-say’ stations, flood barriers, canals and ditches,
continues to be the creed of the regional the safety of ten million Dutch citizens
water authority governing bodies. would be in immediate danger. And this is
The financing system is described in precisely what the regional water
Chapter 4. In this context there is a special authorities do.
phenomenon: the NWB Bank (Nederlandse
Waterschapsbank N.V.), a bank set up by
the water authorities that provides them
with access to the capital market (although
it is not the only possible option). This
NWB Bank, which celebrated its 60th
anniversary in 2014, is described in
Chapter 5. Chapter 6 throws light on the
Association of Regional Water Authorities
(Unie van Waterschappen), as the national
and international representative of Dutch
regional water authorities. Lastly, Chapter
7 contains some final conclusions.
1.2 THE DUTCH WATER
AUTHORITY MODEL
A large part of our country is kept dry (or
wet) by artificial means. In the past, areas
that were originally peat and marsh were
brought under cultivation. The land was
adapted to suit habitation, agriculture,
industry and recreation. This involved
extensive infrastructure. Not just roads
and railways, but also – and especially –
investments in water management. The
Dutch seem to take for granted the efforts
The Dutch water authority model 11Table 1: Key figures of the Dutch regional water authorities 2017.
Number of water authorities 21
Number of employees 11,250
Length of primary flood defences being managed 3,600 kilometres
Length of other flood defences 14,100 kilometres
Length of managed watercourses 230,000 kilometres
Number of pumping-stations 3,550
Length of managed roads 7,500 kilometres
Number of treatment plants 335
Volume of wastewater treated 2 billion m3
Regional water authorities are functional, The total government expenditure on
decentralised government institutions, with water-related tasks, including those of the
tasks exclusively in the field of water water companies, was 7.1 billion euro in
management: managing water defences, 2016. Of this amount, 2.9 billion euro was
quantity and quality, and navigable allocated to the water authorities. In that
waterways. All of the existing Dutch water year, a household that owned its own home
authorities are shown on the accompanying paid an average of €805 in rates and taxes
map. for water. This amount is made up of
regional water authority taxes (€321) and
The boundaries of the regional water payments for sewerage charges (€190) and
authorities are not just random lines on drinking water (€165). In addition, house
the map. These boundaries are primarily holds contribute to the costs taken on by
determined by factors relating to water the State and the provinces by means of
management: catchment and sub-catch their State and provincial taxes (€129).
ment basins, dyke rings, pumping and
storage areas, etc.
As a consequence they do not usually
correspond with municipal or provincial
borders. More than half of the regional
water authorities have an interprovincial
character. The area managed by the
Rivierenland water authority, for example,
covers parts of no less than four provinces.Figure 1.1: Map showing the regional water authorities in the Netherlands
22
12
LEGENDA
1. Waterschap Aa en Maas 7
2. Waterschap Amstel, Gooi en Vecht
10
3. Waterschap Brabantse Delta
4. Hoogheemraadschap van Delfland
5. Waterschap De Dommel
6. Waterschap Drents Overijsselse Delta
7. Wetterskip Fryslân
8. Hoogheemraadschap Hollands Noorderkwartier 8
9. Waterschap Hollandse Delta 6
10. Waterschap Hunze en Aa's
11. Waterschap Limburg 21
12. Waterschap Noorderzijlvest
13. Waterschap Rijn en IJssel 20
14. Hoogheemraadschap van Rijnland
15. Waterschap Rivierenland 2
16. Waterschap Scheldestromen 14 19
17. Hoogheemraadschap van Schieland en de Krimpenerwaard
18. Hoogheemraadschap De Stichtse Rijnlanden
4 18 13
19. Waterschap Vallei en Veluwe
20. Waterschap Vechtstromen 17
21. Waterschap Zuiderzeeland 15
22. Blija Buitendijks 9
1
3
16
5
11
(Source: Water in Beeld 2017).
The Dutch water authority model 132 REGIONAL WATER AUTHORITIES AND
THEIR LEGAL BASIS
2.1 WATER GOVERNANCE
Regional water authorities are responsible
This chapter will further explore the for water management on a regional and
constitutional position of regional water local level. The term ‘water management’
authorities and their tasks on the basis of can be described as that part of public
the relevant legal regulations. This is the welfare that relates to flood protection,
first building block of the regional water water management (surface water and
authority model. groundwater in terms of both quantity and
quality) and the waterways, and that
The regional water authorities are the focuses as such on the habitability and
oldest form of democratic government in usability of the soil and on the protection
the Netherlands. The first water authorities and improvement of the living environ
date from the 13th century. This has ment. From this description it is also
everything to do with the geographical apparent that, in the execution of their
location of the Netherlands. More than half tasks, the regional water authorities fulfil
the country would be flooded but for the the provisions of Article 21 of the Dutch
dunes and dams that protect human Constitution: ‘Government care is aimed at
beings, livestock and properties against the habitability of the country and the
storm floods coming from the sea and protection and improvement of the
torrential rivers. Extreme rain, too, can environment.’ The importance of good
cause great inconvenience. The many water management is growing as a result
dykes, locks, pumping stations, weirs, of the rising sea level, climate change, land
canals and ditches keep the Netherlands subsidence and urbanisation. Five water
habitable. Without the regional water authorities are also charged with road
authorities, over a half of our country, management.
home to ten million people, would simply
not exist.Water management is exercised by means Familiar examples include the European
of infrastructural structures: water-related Water Framework Directive and the
structures such as rivers, lakes, canals, Directive on the Assessment and Manage
ditches, dykes, pumping stations, locks, ment of Flood Risks. These also include
weirs, culverts, bridges and wastewater the European Directives on drinking water,
treatment plants. These works are crucial bathing water, groundwater and urban
for keeping the Netherlands habitable. wastewater.1 Since these directives have to
The regional water authorities draw up be transposed by the national legislator,
bye-laws (Keur) to safeguard the correct they have a great influence on the legal
maintenance and functioning of these practice within water management.
structures. For example, it is generally
prohibited to carry out activities such as Although water management is a separate
building, excavating or planting greenery, field of responsibility of the national
on, in, over or under water-related government, it has much in common with
structures without the permission of the other fields of government policy such as
regional water authority. The crucial spatial planning, environmental protection
importance of these infrastructural works and nature conservation. It is therefore
is also clear from the Dutch Criminal Code, vital to gear the decisions in these policy
which makes deliberately damaging such fields to one another. The concept of
works punishable. Since 2012, the water ‘integrated water management’ is often
authorities have also had the instrument used in this respect; this not only takes
of administrative punishment at their into account the relationships within
disposal. They can use this criminal law water management itself (the quantity and
instrument to inflict light punishment in quality of surface water and groundwater)
response to relatively slight violations of but also those within the other policy fields
the Water Authority bye-laws. mentioned. This is exemplified by the
water assessment laid down by law.2 The
As specified below, the care of water act in question stipulates that provincial
management is subject to several Orders and municipal plans in the field of spatial
in Council and local government bye-laws planning must indicate the consequences
in addition to the Regional Water they have for water management. The
Authorities Act (Waterschapswet) and objective of this water assessment is to
particularly the Water Act (Waterwet). prevent the building of new urban or
Together they form the major source industrial areas on locations that are
of water management legislation and can unsuitable from the point of view of water
be designated as the totality of legal rules
relating to water management. The 1 For a detailed overview, see: H.F.M.W. van Rijswick
legislation and policy originating from the (editor), EEG-recht en de praktijk van het water
European Union has increasing influence beheer, STOWA series, issue 18, Utrecht 2008.
2 See the amendment to the Physical Planning Decree,
on the way in which regional water Bulletin of Acts and Decrees 2003, 294 and 327, which
authorities perform their core tasks. came into effect on 1 November 2003.
The Dutch water authority model 15management. The fact that, as far as Since then, the RWA Act has been amended
structural aspects are concerned, the a number of times. In this context, one far-
Water Act treats the National Water Plan reaching amendment should also be
and the regional water plans of the mentioned.
provincial governments as a structural
vision in the sense of the Spatial Planning In mid-2006, the legislative proposal for
Act must also be viewed within this the modernisation of the regional water
framework. It forms tangible evidence of authority system was submitted to the
the desire to strengthen the link between Dutch House of Representatives. This
water management and structural planning. legislative proposal provided for a major
change in the composition of the water
authority governing bodies, the way they
2.2 THE POSITION OF THE are elected and how their tasks are
REGIONAL WATER AUTHORITIES financed. This legislative proposal was
adopted by Parliament in 2007.3 Chapters 3
The position of the water authorities is and 4 include an explanation of the main
founded in the Dutch Constitution, of elements of this amendment, which are
which article 133 reads as follows: largely based on proposals put forward by
the water authorities themselves. Chapter
1. The establishment and dissolution of 3 also deals in detail with the amendment
water authorities, the regulation of their to the RWA Act in 2014, which makes the
tasks and structure and the composition Water Authority elections subject to the
of their governing bodies take place in Elections Act.4
accordance with the provincial bye-laws
prescribed by law, if not otherwise With the appointment of the Rutte II
provided for by or pursuant to the law. Cabinet in 2012, the autonomous position
2. The regulatory and other powers of of the regional water authority again
regional water authorities’ governing became a subject for debate. In the coalition
bodies and the public nature of their agreement, the Government mapped out a
meetings are laid down by law. long-term perspective of five regions that
3. The provincial and other supervision of would replace the existing twelve
these governing bodies is laid down by provinces. The water authorities would
law. Decisions made by these have to be merged with these regions.
governing bodies can only be annulled For the short(er) term, the Government
if they are in conflict with the law or indicated that it wanted to support the
the public interest. upscaling of water authorities to ten or
twelve water authorities and to drop the
Based on this article the position of the
3 Act of 21 May 2007, Bulletin of Acts and Decrees 2007,
water authorities is elaborated in the
208.
Regional Water Authorities Act. The RWA 4 Act of 29 January 2014, Bulletin of Acts and Decrees.
Act went into force on 1 January 1992 2014, 63.water authorities from the Dutch Representatives, the Minister also states
Constitution.5 For the water authorities, that the water authorities themselves can
these Government plans came as a huge see where further upscaling is necessary
surprise, all the more so because they were in the framework of effective middle
not mentioned in the election manifestos management. Finally, the Minister
of the VVD or PvdA political parties. remarked in her letter that the OECD’s
policy recommendations will be tackled
The report ‘Water Governance in the with the partners to the Administrative
Netherlands: Fit for the Future?” was Agreement on Water. In June 2014, the
published on 17 March 20141 This report Dutch House of Representatives endorsed
has been drawn up by the Organisation for these conclusions. That seems to signal
Economic Cooperation and Development the end of the debate about the regional
(OECD). The OECD examined the Dutch water authorities.
water governance system from a fresh,
independent and international perspective. The constitutional position of the regional
The OECD has expressed a positive opinion water authority emerges clearly from the
about the way water governance is above. The regional water authority is a
organised in the Netherlands, which it government body of functional
states may even be regarded as a “global decentralised administration with its own
reference”. On the other hand, the OECD governing body and financing structure,
believes that water policy in the and it is solely concerned with the
Netherlands should be tightened up in a execution of tasks in the field of water
number of areas. In concrete terms, this governance. From a hierarchical point of
relates to issues such as increasing water view, the regional water authority has the
awareness among Dutch citizens, even same status as the municipality. As is
better harmonisation between water apparent from the aforementioned article
governance and spatial planning, better in the Dutch Constitution, the provinces
use of the principle “the polluter/user play an important role with regard to the
pays”, greater ambition in the area of water organisation of the regional water
quality and stronger (independent) authority. After all, it is their responsibility
regulation. The findings of the OECD to set up, discontinue, lay down rules for
prompted the Minister of Infrastructure and supervise the regional water
and the Environment to reassure the authorities. In the following diagram, the
House of Representatives that there is no regional water authority occupies the
need to advocate administrative or following position:
organisational changes in water gover
nance. In her letter6 to the House of
5 Coalition agreement ‘Building Bridges’, 29 October
2012, p. 40.
6 Letter of 17 March 2014, Parliamentary Papers II, 2013-
14, 28966, no. 27.
The Dutch water authority model 17the task of building and managing costly
EUROPEAN UNION sewage treatment plants and pressure
pipelines calls for a firm administrative
and financial basis of support. Thirdly, the
Central government government policy aimed at achieving
integrated water management, where the
various task components such as surface
water and groundwater in both a
quantitative and a qualitative sense,
should be regarded in conjunction with
provinces each other and therefore preferably as a
(12) single organisation (the ‘all-in regional
water authorities’). This was realised in
2005. There are currently 21 all-in water
authorities with around 11,250 employees
on a regional and local level which are
responsible for all flood protection and
municipalities water authorities
water management activities, including
(388) (21)
wastewater treatment. This signified the
end of the old situation in which various
In this framework, it is also worth regional water authorities were responsible
mentioning the enormous scale increases for different tasks within the same area.
that regional water authorities have This has without doubt increased the
undergone over the past 50 years. Of the professionalism and transparency of the
approximately 2,650 water authorities that water authority system.
existed in 1950, there are now just 21
remaining. There are three main reasons
for this merging process. Firstly, the flood 2.3 THE REGIONAL WATER
of 1 February 1953, during which 1,836 AUTHORITIES ACT (RWA ACT)
people lost their lives and which caused
enormous financial damage. This disaster There is a lot to be said about the RWA Act
marked the end of many small regional which has such a big influence on the
water authorities. In 1950, there were more structure and duties of the regional water
than 300 water authorities in just the authorities.
province of Zeeland alone. Now the
regional water authority of Scheldestromen One of the core stipulations of the RWA
is the only regional water authority left in Act is Article 1, which characterises the
Zeeland. Secondly, from 1970 onward the water authorities as public bodies
task of water quality management, entrusted with the task of implementing
including wastewater treatment, was water management in a particular area.
allocated to the water authorities. After all, This definition contains three elements.Firstly, Article 1 makes clear that regional are only restricted because certain tasks or
water authorities are bodies of public powers have been taken over by a higher
administration and, as such, are part of the authority. Because of this, a municipality
Dutch government organisation. As a focuses on a broad range of tasks
result, regional water authorities can make (education, culture, health care, public
decisions that are binding for citizens and, order, etc.). So the task of the regional
for example, draw up regional water water authority is pre-determined.
authority bye-laws with mandatory and
prohibitory provisions, grant or refuse Article 1 also deals with the tasks entrusted
permits and levy taxes. If necessary, the to the regional water authorities. Following
regional water authority can enforce the above-mentioned amendment of 2007,
compliance with these regulations by this Article now refers to care of the water
applying administrative coercion, imposing system and care for the treatment of
administrative penalties, imposing admini wastewater. All previously-mentioned
strative punishment or drawing up an subtasks are included in these tasks. They
official criminal report. include responsibility for flood protection
and water management, including
The second element entails the territorial wastewater treatment management and –
boundaries of regional water authorities. where relevant – responsibility for other
In other words, regional water authorities water-related matters, such as responsibility
have a particular district within which for the waterways. Following the amendment
they execute their tasks. This means that of 20117, pest control of the muskrat and the
the regional water authority – just like the coypu has been added to this list of subtasks.
provinces and municipalities – is part of Due to an amendment in the Water Act and
what is known as the territorially decen the Water Boards Act, this task has been
tralised administration. The boundaries of transferred from the provincial governments
regional water authority districts are not to the water authorities. The regional water
drawn arbitrarily, but are determined for authorities are charged by the provincial
reasons relating to water management governments with the tasks stipulated in
(sub-catchment basins, drainage areas, the water authority regulations. The fact
dyke rings). As a result, they deviate from that this brief is not free of obligation is
the provincial and municipal boundaries significant. Article 2, paragraph 2, of the
almost by definition. RWA Act stipulates that regional water
authorities should be put in charge of the
Thirdly, the definition mentioned above aforementioned tasks unless this is
implies that regional water authorities’ incompatible with the interests of good
tasks lie solely in the field of water water governance. This powerfully phrased
management (or the slightly broader term principle of decentralisation thus prevents
‘public works and water management’). provinces from, for example, taking the care
That is different, for example, to the tasks of
a municipality. The tasks of a municipality 7 Act passed on 23 May 2011, Bulletin of Acts and De-
crees 2011, 270.
The Dutch water authority model 19of flood protection into their own hands, or 2.4 THE WATER ACT AND (FORTH
from passing it on to the municipalities. The COMING) ENVIRONMENTEL
Minister of Infrastructure and the PLANNING ACT
Environment would without doubt withhold
the necessary approval (see Article 5 of the Water Act
RWA Act) for any such regional water Up until the end of 2009, Dutch water
authority regulations. legislation was extremely fragmented.
Over the years a separate law had been
Other important provisions of the RWA Act drawn up for every part of water
concern the composition and election of the management. All these laws had their own
regional water authorities’ governing bodies weighing framework, legal instruments,
and the powers of regional water authorities procedures and systems of appeal. This
to levy taxes to finance the execution of fragmentation can be explained from a
their tasks. The next few chapters will be historic point of view: a new law was
dealing with this in greater detail. Suffice to usually drafted as a result of a ‘disaster’
say here that these very provisions express (for example, prolonged drought, imminent
the triad interest-pay-say which was flooding) but it impeded practical
mentioned earlier; that is, that those who manageability and feasibility, and, more
have an interest in the tasks carried out by over, ignored the intrinsic cohesion within
regional water authorities are liable to pay water management. The Govern ment
tax and are represented in the governing realised this and, partly at the insistence of
bodies of regional water authorities. At the the Dutch House of Representatives,
same time, this indicates another major successfully integrated the various water
difference between regional water governance laws. The European Water
authorities on the one hand and provinces Framework Directive, which to a certain
and municipalities on the other. Unlike extent integrates the many water
provincial and local governments, whose directives at a European level, partly
income is largely dependent on government inspired this initiative.
revenues distributed through the Provincial
and Municipal Funds, regional water It resulted in the Water Act, which came into
authorities are virtually fully self-supporting effect on 22 December 2009 and which
in the execution of their tasks. For example, combines eight previous laws.8
the tax revenue of the water authorities in
2017 amounts to a total of 2.7 billion euro.
8 Bulletin of Acts and Decrees, 2009, 490. For a practi-
cal explanation of this Act, see the Guide to the 2014
Water Act, edited by H.J.M. Havekes and P.J. de
Putter, Kluwer, Alphen aan den Rijn 2013.The Water Act has been further elaborated Forthcoming Environmental Planning Act
upon in the Water Decree, the Water The legislative proposal for the
Regulation and the provincial and regional Environmental Planning Act has already
water authority bye-laws. been accepted by the Dutch parliament9.
This act is aimed at combining the multi
The most important objective of the Water tude of regulations in the area of the
Act is to facilitate integrated water physical living environment. The Water
management. The idea is that this is more Act will be integrated into the Environ
likely to succeed with a single law rather mental Planning Act along with the Spatial
than eight different ones. It was also Planning Act, the Environ mental Permit
clearly aimed at reducing the admini (General Provisions) Act and the Crisis and
strative burden for citizens and the Recovery Act. When the Environmental
business sector. To this end, six different Planning Act comes into force, the Water
water permits have been merged into a Act will disappear as an independent act.
comprehensive water permit and the Anyhow, the great majority of the water
obligation to have a permit has, where law in the Water Act will be incorporated
possible, been replaced by general into the Environmental Planning Act.
regulations.
Furthermore, the Water Act is aimed 2.5 THE ADMINISTRATIVE
at simplifying the implementation of ORGANISATION OF WATER
European water rights (particularly the MANAGEMENT
Water Framework Directive and the
Directive on the Assessment and Manage The above might lead one to think that
ment of Flood Risks). The Water Act has regional water authorities are the only
undeniably made Dutch water law more water management authorities in the
transparent. The Water Act contains Netherlands. However, this is not the case.
almost all the laws relating to water. Water governance is carried out by all
The institute of the regional water levels of government in the Netherlands;
authority is, however, still regulated in the that is by the national government,
RWA Act, the (municipal) sewerage provinces, municipalities and regional
management in the Environmental water authorities, although the Water Act
Management Act and the drinking water only designates the national government
supplies in the Drinking Water Act. and the regional water authorities as
‘manager’. The Dutch administrative
organisation and the relevant regulations
are tailor-made to suit the various
elements of water management, as is
shown below:
9 Bulletin of Acts and Decrees, 2016
The Dutch water authority model 21• Flood protection: this task consists of delta decisions10 – presented on Budget Day
the protection of the Netherlands from in 2014 (Prinsjesdag) – include the main
flooding by flood defences. Quite rightly choices for tackling water safety and supplies
– witness the experiences over the past of fresh water in the Netherlands. Together,
few years – this task is considered to be they are part of the framework for the
a ‘core task’ in the Dutch lowlands, implementation of measures up to 2050.
which are under threat from both the sea These measures must ensure that the to
and the major rivers. This task is literally ensure that the Dutch keep their feet dry and
and metaphorically a matter of life and that resilient water resources are available,
death. It also involves major economic now and in the future.
interests: the dykes protect homes and
business premises worth 2,000 billion • Water quantity: this task deals with the
euro as well as 80% of the country’s management of the amount of surface
Gross Domestic Product that is water in a particular area. Water
generated in this area. Flood protection quantity management is aimed at
is the responsibility of the central reaching one or more water levels and
government and regional water maintaining them, as efficiently as
authorities. The State is entrusted with possible. These Water levels are geared
the care of the Dutch coast (maintaining to the function(s) of the respective
the coastline) and with the management bodies of water (dry feet, agriculture,
of the dams that protect the estuaries in shipping traffic, the environment, and
the west of the country. The other so on). The objective of a proper supply
infrastructural works (dykes, dunes and and discharge of surface water is to
storage basin embankments) are prevent surpluses and shortages. The
managed by the regional water State manages the main system in
authorities. This involves a total of over terms of water management (the major
3,600 kilometres of primary flood rivers, the IJsselmeer lake, the North
defences and 14,100 kilometres of other Sea, Wadden Sea and a number of
dykes. Flood protection is primarily canals). The management of the
regulated in Chapter 2 of the Water Act, quantity of water in the bodies of water
which has been further elaborated in the that are of regional and local interest is
Water Decree, the Water Regulation and the responsibility of the regional water
in provincial and regional water authorities. Approximately 3,550
authority bye-laws; pumping-stations play an extremely
important role in this. The exact
In 2010, a Delta Programme was drawn up in management boundaries between the
which the said parties, under the manage central government and the regional
ment of a Government Commissioner for the water authorities are indicated in an
Delta Programme (the ‘Delta Commissioner’),
co-operate in making ‘delta decisions’. These 10 Policy letter Delta Programme 2015, IENM/BSK-
2014/131357.appendix to the Water Regulation. Water One special aspect of this task relates to
quantity management is regulated in bathing water. The Netherlands has
the Water Act, which includes a number approximately 690 official bathing water
of legal instruments (standards for locations in open water, of which approxi
flooding, the basis for the ‘water mately 475 are in bodies of water managed
distribution priority sequence’ for by the water authorities.11 The provincial
periods of water shortage, water governments designate the locations. The
agreements, water-level decisions, and a water authorities are responsible for
system of permits for discharging, bathing water quality and for advising the
withdrawing, supplying and draining provincial governments about issuing any
away water. Here, too, further warnings or swimming bans if that quality
elaboration has taken place in the Water is sub-standard. It is up to the provincial
Decree, the Water Regulation and governments to take such measures.
provincial and regional water authority
bye-laws; Wastewater treatment management: the
construction and operation of treatment
• Water quality: this task could be plants at which the wastewater from
described as the protection of surface households and businesses is treated also
water from pollution. Water quality make an important contribution to the
management aims at achieving specific quality of the surface water. To this end,
water quality targets that are geared to the regional water authorities operate
the various functions of the respective approximately 335 wastewater treatment
bodies of water (recreation, nature, the plants with related pressure pipelines.
extraction of drinking water, This task is the statutory duty of the water
agriculture). Central government and the authorities (see Article 1 of the RWA Act
regional water authorities play a primary and Article 3.4 of the Water Act).
role in the management of water quality.
The government’s task is to manage the • Groundwater: Unlike surface water, the
aforementioned main water responsibility for groundwater has been
management system, whereas the allocated to various government
regional water authorities manage the organisations in accordance with the
regional and local waters. The Water Act. This law does mean that
management of water quality has been operational groundwater management is
laid down primarily in Chapters 6 and 7 now largely the task of the water
of the Water Act, which has several authorities. In pursuance of Article 6.4
instruments, such as a system of of the Water Act, the issuing of permits
permits and levies, and general rules for for three large withdrawals, namely
certain kinds of discharges of industrial withdrawals of more than
wastewater. 150,000m³ per annum, the drinking
11 The other locations are managed by Rijkswaterstaat.
The Dutch water authority model 23water supply, and ‘soil energy systems’, • Roads: this task deals with the
is still the responsibility of the provincial maintenance and serviceability of roads,
governments. And in pursuance of including the promotion of road safety.
Article 7.7 of the Water Act, the Care for the roads is the task of the State,
provincial government is authorised to provincial governments, municipalities
introduce a groundwater tax. and five water authorities in the western
Furthermore, care for urban groundwater part of the country. These five water
(and rainwater run-off) has been authorities manage 7,500 km of roads.
entrusted to the municipalities (see Care of the roads is laid down in the
Articles 3.5 and 3.6 of the Water Act). Roads Act;
Care for the groundwater quality is
closely related to the many activities • Sewerage: strictly speaking this task
that take place in or on the ground. does not fall under water management,
This is why this aspect is part of the soil but it is closely connected with water
protection policy and is primarily (quality) management and wastewater
provided for by the Soil Protection Act, treatment. The task of sewerage lies
the implementation of which lies with with municipalities and is regulated in
provinces and municipalities; the Environmental Protection Act, by
which the municipalities are charged
• Control of muskrats and coypus: this with the construction, management and
task consists of preventing damage to maintenance of sewerage systems. This
waterworks structures by muskrats and Act also obliges municipalities to draw
coypus. In mid-2011 an amendment was up sewerage plans. With the sewerage
passed in which this task was transferred system, the municipalities collect
from the provincial government to the rainwater and wastewater and transport
regional water authorities. With this it to the regional water authority’s
amendment to the Water Act and the wastewater treatment plants. The
RWA Act, the law regulating this municipalities can fund this task as well
provincial task was repealed. as their duty of care for rainwater run-off
and urban groundwater (see Articles 3.5
• Waterways: this task consists of and 3.6 Water Act) by means of a
maintaining the sheet piling and the sewerage charge. The municipal council
depth of waterways, and the operation will have to introduce a bye-law for this
of locks and bridges. The management in pursuance of the Municipalities Act.
of waterways is carried out by central
government and the provinces, who, in • Drinking water supply: strictly speaking,
turn, sometimes delegate this task to this task is not a part of water manage
regional water authorities. The nautical ment, but it is related to it because
aspects of waterways management groundwater and surface water are the
(setting ‘traffic rules’) are laid down in raw materials for our drinking water. The
the Shipping Traffic Act; drinking water supply is managed by tenwater companies and is regulated in the include the licensing system for certain
Drinking Water Act. With the exception tasks enshrined in the Water Act and the
of the Amsterdam Waternet, which is a water authority bye-laws, and the tolerance
non-profit foundation, water companies obligation and powers in situations
are private businesses, but because the involving (imminent) danger in Chapter 5
Drinking Water Act prescribes that the of the Water Act, a form of emergency
shares of these businesses must be in power specific to public works and water
public ownership, they can be treated as management.
semi-public organisations.
First and foremost, this overview shows 2.6 INTERGOVERNMENTAL
that water management in the Netherlands CO-OPERATION
is a public service. Its implementation is
mainly the task of the Government, which As mentioned above, all national and local
often contracts the business sector for the authorities in the Netherlands are involved
construction of dykes, treatment plants etc, in water management. There are a number
and for maintenance activities. It also of legal instruments available for achieving
shows that, unlike the situation in other the necessary harmonisation. Apart from
countries, the water chain (drinking water these legal stipulations, there must also, of
supply, sewerage and wastewater treat course, be good mutual consultation
ment) in the Netherlands is represented by between the various water managers. At a
not one (government) organisation but by national level, this consultation takes
three parties. These are the water compa place in the Water Steering Group, in which
nies, the municipalities and the regional the State, the provincial governments,
water authorities. This organisational municipalities, regional water authorities
structure is rooted in history and has grown and water companies regularly discuss the
up over the centuries. The parties water policy to be pursued under the
coordinate the various elements of the chairmanship of the Minister of Infra
water chain through mutual co-operation. structure and the Environment. Further-
Article 3.8 of the Water Act obliges water more, within the framework of good
authorities and municipalities – also intergovernmental relationships, together
explicitly – to co-ordinate their tasks and with the provincial governments and the
powers in water management with one municipalities, the regional water
another, particularly with regard to the authorities hold regular consultations with
relationship between sewerage and the the Minister of the Interior and Kingdom
treatment of wastewater (the wastewater Relations.
chain). Finally, the said overview also
shows that – as mentioned above – the Intergovernmental co-operation also takes
regional water authority has a number of place within the framework of admini
concrete legal powers at its disposal for the strative agreements. For example, a large
performance of its duties. These particularly number of agreements were recorded in
The Dutch water authority model 25the Administrative Agreement on Water • tasks/responsibilities, defining frame
(Bestuursakkoord Water) in 2011 to further works, planning and supervision
increase the efficiency of water manage • a manageable programme for testing,
ment in the Netherlands. The aim is to programming, financing and implemen
realise efficiency gains that gradually ting strengthening measures for primary
increase to 750 million euro annually in flood defence systems
2020.12 • more effective management of the water
chain (drinking water, sewerage and
The main background to this is that there wastewater treatment)
had been substantial cost increases for a • the governance of and taxation by tasks
number of years in water management and support processes
due to the fact that ever stricter require • the management and taxation of the
ments had to be met. To ensure that water regional water authorities.
management nevertheless remains afford
able for citizens and businesses, the State, Furthermore, administrative agreements
provincial governments, municipalities, have been made in sub-areas of water
regional water authorities and water management. Examples include the 2030
companies have signed an administrative Wastewater Chain Roadmap13, the Green
agreement to work collectively towards Deal14 and the Climate Agreement.15
achieving efficiency gains that will
gradually increase to €750M annually in The legal alignment instruments are
2020 compared to 2010. In addition to specified in Chapter 3 of the Water Act.
greater efficiency, the Administrative Article 3.7 deals with the water agreement.
Agreement on Water also aims to increase This instrument is primarily intended for
transparency and effectiveness and to the water managers and enables them to
reduce the administrative burden and make coherent and effective water
vulnerability. To achieve this, a large governance agreements, where necessary,
number of agreements have been made in which the management aspects in their
about: management domain can be regulated in
relation to each other. Other government
organisations (provinces and munici
palities) can also affiliate themselves to
these types of water agreements.
13 For more information, see:
12 These efficiency gains are made up of €450M in the http://www.uvw.nl/beleidsveld-water chain.html.
water chain – that is, €380M for the water authorities 14 For more information, see: http://www.uvw.nl/index.
and municipalities and €70M for the water compa- php?laatste-nieuws&newsdetail=20111004-918_
nies, and €300M for management of the water system waterschappen-sluiten-green-deal-en-fosfaat
by the State, the provincial governments, water au- akkoord&highlight=green%20dceal.
thorities and municipalities. This will reduce the 15 For more information, see:
burden on the National Budget by €200M per annum. http://www.uvw.nl/beleidsveld-klimaatakkoord.html.Furthermore, Article 3.8 of the Water Act stipulates that provincial approval of the
stipulates that water authorities and management plan and cost allocation
municipalities must harmonise their tasks regulation is no longer valid.16 Repressive
and powers with each other in order to regulation mainly relates to the authority
achieve effective and coherent water of the provincial government to revoke
management. Here, co-operation in the resolutions made by the regional water
wastewater chain has been identified as a authorities (Article 156 of the RWA Act).
particular subject of harmonisation. Other
areas in which co-operation and Positive regulation is stipulated in Chapter
harmonisation are vitally important 3, section 3, of the Water Act. This stipula-
include drawing up structural plans, when tion provides the provincial government
the regional water authority advises the and the State with relatively far-reaching
municipalities about the consequences for regulatory powers. For example, the pro-
water management (the water assess vincial government can lay down
ment), and advising municipalities about regulations aimed at achieving coherent
issuing of permits and enforcing discharges and effective regional water governance
into the sewerage system. for the information to be supplied by the
regional water authorities concerning the
preparation, definition, modification and
2.7 REGULATION contents of plans, resolutions or water
agreements. The same regulation exists
The RWA Act and the Water Act include for the Minister of Infrastructure and the
stipulations for the regulation of the water Environment with regard to the provincial
authorities. Regulation defines the limits executive and the water authority govern-
of the autonomy of decentralised govern ing board. If coherent and effective
ment organisations. The Netherlands is a regional water governance requires this,
decentralised unitary state, within which the provincial government – and this goes
it is possible to ‘correct’ the decisions of a a step further – can provide the regional
decentralised government organisation water authority with instructions about
because of overriding interests. Here, a exercising its tasks and powers. A corre-
distinction can be made between different sponding power exists for the Minister.
types of regulation: preventative, repres If necessitated by international obligations
sive and positive regulation. or supra-regional interests, the Minister
can also instruct the provincial executive
The first category particularly relates to or the water authority governing body.
the fact that project plans from the water
authorities must be approved by the 16 Abolition of the approval of the management plan is
provincial government in pursuance of the regulated in the Act of 18 December 2013, Bulletin of
Acts and Decrees. 2014, 21, which came into effect on
Water Act. Also in this context, it is
1 July 2014. The abolition of provincial approval of the
important to refer to the agreement in the cost allocation regulation has been stipulated end
Administrative Agreement on Water, which 2016.
The Dutch water authority model 272.8 PARTICIPATION AND LEGAL authorities were the first decentralised
PROTECTION government organisation to come under
the competence of the National
Finally, we discuss the level of legal Ombudsman. Every year, the ombudsman
protection against decisions made by the receives approximately 100 complaints
regional water authority. This chapter about the water authorities; these
shows that the regional water authority is complaints often relate to the remission of
a government body and can therefore regional water authority taxes.
adopt regulations and make decisions that
are binding for citizens (bye-laws – for Court of Auditors
example, in the area of taxes). These Many water authorities have a court of
decisions do not generally come about auditors. This body examines the efficiency,
without a participation procedure having effectiveness and lawfulness of the policy
taken place with respect to them. The pursued by the administration. The RWA
water authorities have recorded this in a Act does not include any stipulations on
participation procedure bye-law (Article 79 this point. The situation is different for the
of the RWA Act). provinces and municipalities, which must
appoint a court of auditors in pursuance of
Objections followed by appeals can be the Provinces and Municipalities Act. This
made to the Administrative Court about is related to the fact that provinces and
the decisions based on these bye-laws – municipalities have a dual administrative
for example, a tax assessment. In principle, model, while the water authorities have a
the general regime of the General monistic model. In the water authorities,
Administrative Law Act applies. One the members of the executive committee
exception is the project plan, which must are also part of the general governing board.
be approved by the Provincial Executive
after being drawn up by the regional water External audit of the annual account
authority (Article 5.7 of the Water Act). By law a certified external accountant has
A direct appeal against the approval to audit the annual financial account of a
decision can be made to the Administrative water authority before the final discussion
Jurisdiction Division of the Council of in the governing board. In this way the
State. accountant serves as a consultant for this
board. The accountant audits the
National Ombudsman correctness and lawfulness of the financial
A complaint can be submitted to the facts that are in the financial account.
National Ombudsman about the conduct of
the governing bodies of the regional water
authority. This type of additional legal
protection was introduced twenty years
ago at the insistence of the Dutch Water
Authorities. It meant that the waterYou can also read
