A negociação na alocação de uso dos recursos hídricos em áreas de conflito mineiras

Abstract

The current scenario, characterized by the growing demand for water in contrast to limited availability, requires the search for solutions that guarantee an allocation that meets current and future human needs, without compromising the ecological processes intrinsically linked to this natural resource. In this context, the increase in demand, especially consumptive demand, leads to conflicts, which can be resolved in the collective concession process. The objective is to discuss the negotiation and incremental measures for the allocation of consumptive uses of surface water resources that can be granted in Minas Gerais within the scope of the collective concession process. In the state of Minas Gerais, in order to foster the democratization of the decision-making process, the Local Management Committee was established, consisting of all potential and current users granted water, whose mission is to promote the negotiated allocation among users. However, despite the intended consensus, it is clear that the dispute over a limited resource is a challenge in the collective concession process to serve all users of the basin. Using the hypothetical-deductive method, a qualitative, documentary and bibliographical research was carried out, and a descriptive study was promoted, considering foreign and national regulations and scientific works related to water management and allocation, to discuss the negotiation and incremental measures for the allocation of consumptive uses of surface water resources that can be granted in Minas Gerais within the scope of the collective granting process. In the end, it was verified the need to delimit the extent of the conflict condition defined in the regulation, relating it to seasonal scarcity events or longterm changes in water availability resulting from climate change or the environmental configuration of the areas to which the hydrographic portions contribute. It is possible to review the classification parameter for insignificant uses in the hydrographic portions covered by the DAC, involving the CBH and the CERH, as a way of making all uses compatible in the scarcity scenario and increasing the effectiveness of water management instruments to meet the objectives set out in the PNRH. There is a need to effectively assign decision-making power over collective granting to CBHs, in accordance with current legislation, strengthening water governance in crisis scenarios regarding the use of water resources.