TITLE:
The Environmental Dimension of Groundwater in Brazil: Conflicts between Mineral Water and Water Resource Management
AUTHORS:
Ana Lucia Desenzi Gesicki, Francesco Sindico
KEYWORDS:
Mineral Water, Water Resources, Mining Law, Water Policy, Brazil
JOURNAL NAME:
Journal of Water Resource and Protection,
Vol.6 No.16,
November
28,
2014
ABSTRACT: There are
three legal categories of groundwater in Brazil. Mineral water and potable
table water are considered mineral resources, are part of the Federative
Union’s assets, and follow the legal regime applicable for the mining sector.
“Normal” groundwater, on the other hand, falls under State’s jurisdiction and
is dealt within the Brazilian System of Water Resource Management, which
promotes a decentralized and participatory management of water resources on
surface or stored underground. This has led to conflicts of competences between
federal (mining regulation) and state agencies (water resource management)
because different concepts and styles of management are involved. This article
argues for the urgent need to reopen the discussion aimed at a possible major
revision of Brazilian mineral water legislation, in order to duly take into
account the environmental dimension of groundwater as a public good for common
use. An open-minded and transparent discussion involving the government and
different sectors of society with competing interests in mineralized
groundwater would therefore be highly recommended.