Water Governance, Policy, and Law

INTERNATIONAL TRAINING ON WATER GOVERNANCE, POLICY, AND LAW

COURSE BACKGROUND

Effective water management hinges on robust governance frameworks, sound policies, and clear legal instruments. These elements determine how water resources are allocated, developed, protected, and used; who participates in decision-making; and who benefits from and bears the costs of water services. In many parts of the world, particularly in developing economies like Kenya and the wider East African region, significant reforms have been undertaken to decentralize water management, promote integrated approaches, and ensure equitable access, as enshrined in the human right to water. However, challenges persist, including fragmented institutional mandates, weak enforcement, corruption, inadequate public participation, and the complex interplay of formal and informal water governance systems. Understanding these dynamics and the tools to strengthen them is paramount for achieving sustainable water security, climate resilience, and inclusive development.

ECAS Institute offers this “Water Governance, Policy, and Law” course to equip policymakers, government officials, legal professionals, water managers, civil society representatives, and development practitioners with a comprehensive understanding of the principles, structures, and tools essential for effective water governance. This program will delve into national and international legal frameworks, policy development processes, institutional roles, and the socio-political dimensions that shape water management outcomes.

COURSE OBJECTIVES OF THE TRAINING

Upon successful completion of this course, participants will be able to:

Define and differentiate water governance, policy, and law, and explain their interrelationships in integrated water management.
Articulate the core principles of good water governance, including transparency, accountability, participation, and equity.
Analyze national water legal and policy frameworks (e.g., Kenya’s Water Act 2016) and their implications for water resources and services.
Understand the roles and responsibilities of key institutions and stakeholders in water governance at national, basin, and local levels.
Critically evaluate the process of water policy formulation, implementation, and evaluation.
Identify and propose solutions for common challenges in water governance, such as institutional fragmentation, corruption, and capacity gaps.
Explore the human right to water and its practical implications for policy and service delivery.
Engage effectively in multi-stakeholder platforms for improved water governance outcomes.

WHAT YOU WILL LEARN

This course will provide you with a strategic and practical understanding of how water is governed, enabling you to influence and strengthen water management systems. You will learn to:

Deconstruct existing water laws and policies, identifying their strengths, weaknesses, and reform needs.
Apply good governance principles to real-world water challenges, promoting transparency and accountability.
Design and facilitate participatory processes for water planning and decision-making, involving communities and diverse stakeholders.
Analyze the institutional landscape of the water sector, understanding inter-agency coordination and potential overlaps.
Advocate for policy reforms that promote equitable access, sustainable use, and climate resilience in water.
Develop strategies to combat corruption and enhance integrity in water service delivery and resource management.
Understand the financing mechanisms for water governance and how to attract investment for improved institutional capacity.
Assess the impact of decentralization and devolution on water governance, particularly in contexts like Kenya.
Navigate the complexities of water rights and water allocation mechanisms.
Utilize case studies from various national and international contexts to draw practical lessons for improving water governance.

DURATION AND PROGRAM

This is a structured training course designed for in-depth engagement with the intricate dynamics of water governance, policy, and law. The program will feature a dynamic blend of expert-led lectures, interactive workshops, policy analysis exercises, role-playing scenarios, and in-depth case studies (with a strong emphasis on national and regional examples from Kenya and East Africa). Participants will engage in critical discussions, analyze real-world policy dilemmas, and develop practical recommendations for improved governance. The detailed program schedule, including specific session timings and learning activities, will be communicated upon registration.

TARGET PARTICIPANTS

This course is crucial for professionals and decision-makers involved in shaping and implementing water-related policies, laws, and institutional arrangements. It is particularly beneficial for:

Government Officials from Ministries of Water, Environment, Planning, Finance, Health, and Justice.
Policymakers and Legal Advisors dealing with water resource management and service delivery.
Regulators in the water and sanitation sector.
Water Utility Managers and Board Members
River Basin Organization Staff
Environmental Managers and Planners
Civil Society Organization Leaders and Advocates involved in water rights, WASH, and environmental protection.
Community Leaders and Water User Association (WUA) Representatives
Academics and Researchers in public administration, law, environmental studies, and water sciences.
Development Partners and International Organization Staff working on water governance reforms.
Private Sector Representatives involved in water services or infrastructure.

TRAINING MODULES

The course is structured to provide a comprehensive and progressive understanding of water governance, policy, and law:

No	Module	Details
1.	Foundations of Water Governance	This module introduces the overarching concept of water governance, its importance, and the core principles that underpin effective and equitable management of water resources. Key Topics: Definition of water governance: Beyond management to power, politics, and decision-making Principles of good water governance: Transparency, accountability, participation, equity, efficiency, sustainability, integrity. The human right to water and sanitation: Legal basis and practical implications Challenges in water governance: Fragmentation, corruption, capacity gaps, political interference Introduction to Integrated Water Resources Management (IWRM) as a governance framework.
2.	Water Law: National and International Frameworks	This module delves into the legal instruments that define water rights, responsibilities, and regulatory mechanisms at different scales. Key Topics: Overview of national water laws and regulations (e.g., Kenya’s Water Act 2016 and subsidiary legislations like Water Resources Regulations, Water Quality Regulations) Water rights and allocation regimes (customary, statutory, permits) Environmental laws related to water pollution and protection International water law principles (e.g., equitable and reasonable utilization, no significant harm) Transboundary water agreements and cooperative legal frameworks.
3.	Water Policy Development and Analysis	This module explores the process of formulating, implementing, and evaluating water policies, from problem identification to strategic action. Key Topics: The policy cycle: Agenda setting, formulation, legitimation, implementation, evaluation Stakeholder analysis and engagement in policy development Policy instruments for water management: Economic (tariffs, incentives), regulatory, informational Mainstreaming water into broader national development plans (e.g., Vision 2030 in Kenya) Analyzing policy coherence and conflicts across sectors (water-energy-food nexus).
4.	Institutional Frameworks for Water Governance	This module examines the roles, responsibilities, and interrelationships of the various organizations involved in water governance. Key Topics: Roles of government institutions: Ministries, regulators (e.g., WASREB, NEMA in Kenya), basin management authorities (e.g., WRMA, Basin Area Water Resources Committees) Decentralization and devolution in water governance (e.g., County Governments’ roles in Kenya) Role of water service providers (utilities, community water projects) Civil society organizations (CSOs), Water Resources Users Associations (WRUAs), and their contribution to governance The role of the private sector and public-private partnerships (PPPs) in water services.
5.	Accountability, Transparency, and Participation in Water Governance	This module focuses on the practical application of key good governance principles to enhance legitimacy and effectiveness in the water sector. Key Topics: Mechanisms for accountability: Performance monitoring, reporting, auditing, citizen feedback Promoting transparency: Access to information, open data initiatives Effective public participation in water planning and decision-making Addressing corruption and enhancing integrity in the water sector Dispute resolution mechanisms in water governance (e.g., Water Tribunal in Kenya).
6.	Financing Water Governance and Sector Reform	This module explores the economic and financial dimensions of water governance, including funding mechanisms and ongoing sector reforms. Key Topics: Cost recovery and financing water services: Tariffs, subsidies, ODA, climate finance Sustainable financing for water resource management institutions Water sector reforms: Drivers, models, and challenges of implementation Economic valuation of water and water as an economic good Investing in governance capacity and institutional strengthening.
7.	Emerging Issues and Case Studies in Water Governance	This module brings together learning through analysis of contemporary challenges and successful governance models, with a strong focus on practical examples. Key Topics: Water governance in the context of climate change adaptation and resilience Addressing water governance challenges in urbanizing areas and informal settlements Managing groundwater governance dilemmas (over-abstraction, pollution) Innovations in water governance: Digital tools, remote sensing for monitoring compliance Comparative analysis of water governance models from different countries In-depth case studies of water governance successes and failures in Kenya and the broader East African region.

TRAINING STYLE

The modules will be taught through PowerPoint presentations, and lectures and will include a case study/field visit, breakout sessions, case studies and other interactive discussion components.

The course will also include a few guest speakers, both in person and via Zoom and other online learning platforms for overseas speakers. This provides useful real-world insights alongside the more theoretical aspects of the course.

The conference faculty shall consist of experienced decision makers, as well as practitioners and representatives from established educational and research institutions active around climate change, engineering and international development. Throughout the course, theoretical presentation of concepts will be moderated and more group discussions and plenary engagements will be optimized. PowerPoint presentations will be made by facilitators and resource persons, to highlight key concepts before embarking on group work.

GENERAL NOTES

Training manuals and additional reference materials are provided to the participants.
Upon successful completion of this course, participants will be issued with a certificate.
We can also do this as a tailor-made course to meet organization-wide needs. Contact us to find out more: info@ecasiafrica.org.
Payment should be sent to our bank account before the start of training and proof of payment sent to: info@ecasiafrica.org.

ABOUT ECAS INSTITUTE

The ECAS Institute designs and delivers independent and targeted training, research, and consulting services. Our work focusses on climate change and resilience building, carbon markets, renewable energy, nature-based solution, biodiversity conservation, agriculture and food systems, We are located in Nairobi Kenya and work across the African region. We have implemented training and research assignments in Kenya, Tanzania, Uganda, South Sudan, Somalia, Malawi, Rwanda, Congo, and South Africa. Globally, we have supported our partners from the UK, Denmark, Italy, Sweden, Germany, and USA.