In a planet suffering increasing water scarcity, south-central Chile is passing through one of the worst droughts of the last thousand years. Despite this, the country has proved unable to deal with the challenges brought by climate change. With weak institutions, and legislation that does not prioritise human consumption, much of the shortage can be attributed to bad management. The situation is worrying: today we are among the 18 countries with the greatest hydric stress in the world.
If all the fresh water on earth were reduced to an imaginary planet, it would form a globe just 273 kilometres in diameter. It is indubitably a scarce resource: only 1% of all the earth's water is fit for human consumption.
The lack of water is increasingly serious. It is due largely to climate change, with severe droughts on the increase in many parts of the world as precipitations diminish, and so consequently do water volumes in rivers and lakes. It has also had an impact on glaciers, which are losing volume or receding.
As the world's population continues to grow, the demand for water will grow also. It is estimated that in 2050 the world will need twice the quantity of water consumed in 2000 [1].
The severity of the problem varies around the planet, however nearly half the world's population — 3.6 billion people — live in areas that already suffer water shortages or may do so in future. According to the United Nations, this figure will continue to grow [2]. The outlook is alarming: it is calculated that by 2040 most of the world will not have enough water.
Today, many of Chile's 101 hydrographic basins are at risk of hydric deficit2 . Hydric Scenes 2030 3 analysed the state of 25 of them to discover their hydric gap, i.e. the difference between the water supply and demand. It found a moderate to high gap in 20 of them, meaning that water use needs to be regulated[4].
Although the basins with the greatest hydric gap are in the Arica and Parinacota, Atacama, Coquimbo, and Valparaiso Regions (north of Santiago), for the purposes of this article we will concentrate on the Maipo basin (Santiago), which is in the grip of a megadrought unprecedented in the last thousand years [5] y, and moreover is home to nearly 40% of the population of Chile.
The basin, fed principally by the Maipo, Mapocho and Puangue rivers, includes the whole Metropolitan Region and small parts of the neighbouring Valparaiso and O'Higgins Regions.
The hydric gap in this basin is calculated at 17%[4]. However, this calculation is based on data which have not been updated to the last decade – clear evidence of the lack of timely, good-quality information about water – and therefore the gap may be greater. Estimations suggest that it could exceed 20%, putting it in the moderate category. This means that there is an urgent need to prioritise water use, improve its efficiency, and protect aquatic ecosystems. Today, the State does not have the tools necessary to apply these measures.
As the graphs show, rainfall has diminished in recent decades in the Metropolitan Region. Dry years, with mean annual rainfall across the region not exceeding 500 mm, are increasingly frequent.
There are 768 glaciers in the upper part of the Maipo Basin. Water is stored in them naturally at low temperatures, and flows down the rivers as it melts. These glaciers are strategic for the country, because they supply the surface water in the basin and the reserves they contain provide the country with a basic degree of water security4 . In recent years, however, their volume has diminished considerably [7]. The rest of the water is stored in artificial reservoirs. The principal of these is El Yeso, which is also threatened: in the last four years its water volume has fallen by 40%. .
Photograph of El Yeso reservoir in March 2016, taken from space.
In March 2020, the volume of water had diminished by around 40%. NASA.
As the water flows down into the basin, it is used by different sectors. Agriculture demands the highest proportion of the water, 61.6% of the total.
Large-scale mining is destroying the glaciers throughout the country, even though for most mining projects environmental impact studies have been presented and approved by the State. One of the most controversial cases, which received much attention in the press in 2005, was the Pascua Lama project in the Atacama Region (on the border with Argentina). It was reported that the project was damaging three glaciers: Toro 1, Toro 2 and Esperanza. In 2020, after 15 years of litigation, the courts ordered its permanent closure for various environmental non-compliances; nevertheless, this case showed clearly that Chile needs better instruments to preserve its glaciers. They are, after all, enormous strategic water reserves.
One of the most important initiatives has been the bill for a Glacier Protection Law. It is still being discussed in Congress, but pressure from the mining lobby has repeatedly prevented it from being passed. Of course, there is no easy solution – mining is “Chile's pay packet” – but with the delicate water scenario prevailing in the country, we must ask what price we are prepared to pay.
The high consumption in urban sectors contrasts with another statistic: 42% of the population living in rural areas of the Metropolitan Region have no access to mains drinking water [13]. These people obtain water from informal sources, such as rivers, springs, creeks or wells. When these sources are not available, the comunas declared to be suffering a shortage are authorised to extract water without having to have registered water use rights (DAA) 5 They may also receive emergency funding to pay for drinking water delivered by supplier companies in tank trucks. Shortage decrees6 They may also receive emergency funding to pay for drinking water delivered by supplier companies in tank trucks. Shortage decrees[13]. This implies a huge cost for the State: in 2019 alone, the cost to the State of water trucks in the Metropolitan Region was 1,081 million pesoso [15]. The water situation is worrying; by October 2020, practically all the comunas in the Region had been declared to be suffering a shortage.
Today, the institutions responsible for water management are fragmented. There are more than 40 organizations in Chile that cover around one hundred functions related with water:
One of the organizations with the greatest responsibility for water management is the Dirección General de Aguas (DGA – General Water Directorate), under the Public Works Ministry (MOP). However, it is a small public service organisation with a low budget. In 2019, for example, it received 19.3 billion pesos (approx. 25 million dollars), only 0.7% of the MOP's budget [18]. This was less than the State spent nationwide on tank trucks to deliver water in the same year (22.1 billion pesos – approx. 28.6 million USD) [ [15].
DGA is responsible for granting water use rights (DAA), allowing individuals or companies to extract and use the water from a specific source in perpetuity. Although the Civil Code of 1855 recognised water as a national asset for public use, the current Chilean Constitution, dating to 1980, recognised that holders of DAA had right of ownership over the water assets assigned. Thus in Chile there are no ownership rights over water, but there are over DAA. As a result, water is a public good until it is assigned – cost-free – to an individual or a company. From that moment it is governed by the principles of private ownership, and DAA become a market good with an economic value that can be freely bought, sold and leased. If the State decided to limit these rights, it would be obliged to pay compensation.
Today, one of the major problems with DAA is the asymmetry between the rights issued and those which really exist. By 2017, for example, the number of DAA granted (consumption rights and permanent rights) amounted to six times the total water captured in the country [4]. It has been calculated that the committed demand in 110 of the country’s biggest aquifers is larger than their natural recharge. In other words, extraction rights exceed replacement capacity. This is leading to ever-increasing water insecurity which will be a huge problem in future, especially in the north and centre of the country [19].
How can Chile achieve the water security that it needs? The answer is that it must be able to safeguard sustainable access to water, thus maintaining the means for its livelihood, human well-being and socio-economic development, preserving ecosystems in a climate of peace and political stability. There is no doubt that this implies taking difficult decisions, with high economic, social and environmental impacts. The first step is to define clear guidelines for protecting and prioritising water; then its management must be improved and new institutions created, more robust and less fragmented. This diagnosis is not new: the same conclusion was reached by the National Hydric Resources Strategy (2012), the National Hydric Resources Policy (2015), and is currently being discussed in the National Water Forum (MOP) [20]. However, no major changes have yet occurred.
The problem is urgent, but due to bureaucracy and the political and economic interests involved, the solutions remain bogged down. One such is the reform of the 1981 Water Code, which has been stalled in parliament for eight years. Chilean legislation, which is based on an economically liberal view of water management and promotes the creation of water markets, minimises the role of the State. The objects of the proposed reform include prioritising human consumption over other uses, making DAA temporary and restricting them in situations of shortage (not retroactively).
After nearly a decade, the Senate Constitution Commission is studying the project. According to the most conservative reading, the reform is unconstitutional because it would affect the right of private property in general, as well as the right to use water in particular. However, the discussion needs to be pushed forward to reach new agreements. Solutions cannot continue to be delayed. To counter the effects of climate change and bad management, it is indispensable for Chile to develop instruments that will enable the country to organise, distribute and plan the use of its water in the long term. Water is a vital and scarce resource, so it is more urgent than ever to develop legislation that does not merely consider the economic dimension, but focuses on the social and environmental value of water.
In this context, the current process to draft a new Constitution opens a window of opportunity to put the cards on the table and work towards getting water recognised as a public, collective good, allowing the country to define a new culture. Reaching a consensus should enable us to unblock a series of reforms that in turn will help to address the water crisis on all fronts. But to seize this opportunity requires political will. We cannot go on producing diagnoses and forming work groups which propose solutions that are never put into effect. We cannot lose any more opportunities. The crisis is now and the solutions are already lagging behind events.