Institutional and Policy Framework Analysis MOROCCO

Transcription

1 INCO-CT ADU-RES Co-ordination Action for Autonomous Desalination Units based on Renewable Energy Systems Institutional and Policy Framework Analysis MOROCCO WP-7: Institutional & Policy Framework Deliverable 7.2 Prepared by: FM21, Fondation Marrakech 21 May 2006

2 Table of Contents Executive Summary Country Overview General: Geography, precipitation Precipitation Water Resources: Status and Future Trends Water quality Challenges Desalination Local situation Role in the water supply system Future perspectives Environmental perspective Environmental impacts related with water Current and planned solutions Energy sources General overview of the energy supply Role of the renewable sources Experiences in autonomous systems Future perspectives The Institutional Framework for Water Management The Water Law Disposal of waste water and brine Guide lines Independent energy and water production The Water Policy Potable Water Tariffs...26 ADU RES WP7 Deliverable 7.2_Morocco Page 2 of 47

3 6.2 Water tariffs at the production: Water tariffs at the distribution Irrigation water tariffs Water Administrative Structure High Counsel on Water and Climate (CSEC): Ministry of Land Management, Water and Environment (MATEE) The secretariat of state in charge of water (SSCW) Secretariat of State in Charge of Environment (SSCE) Ministry of Agriculture: The Ministry of public health The Ministry of Interior The General Direction of the Local Communities (DCGL): Directorate of the Régies and the Conceded Services (DRSC) Licenses and permits required to implement ADUs Civil work: License to pump and use of brackish water License to discharge License to install and operate Renewable energy unit License to sell drinking water: Water prices Conclusions References...42 Annex I: The Moroccan Standard NM ADU RES WP7 Deliverable 7.2_Morocco Page 3 of 47

4 Executive Summary This report examines the institutional and policy framework of the water sector in Morocco. The country s water resources are characterized by their scarcity and large regional variability. By the year 2020, water available per inhabitant will drop to about 490 m3, which is much lower than the level of absolute scarcity threshold. The exploitation of available water resources (conventional and non-conventional) is more and more needed. Faced with these challenges, Morocco has promulgated the law on water to modernize the water sector, adapt it to the socio-economic development needs and to protect the resources. On the other hand, Morocco imports 95% of its energy. However, the renewable energy potential is not yet fully explored. The abundant renewable energy resources (solar and wind in some regions) can be coupled with desalination technologies to provide adequate freshwater supplies in specific rural areas of the country. This report examines the water and energy resources of the country. An emphasis is put on the water balance and the quality of surface and underground waters. The institutional framework of the water sector is also examined. A special focus is put on the law on water, the drinking water guidelines, the legislation on water withdrawal and brine disposable. The legislation regarding drinking water and energy production as well as the administrative structure of this sector is also presented. ADU RES WP7 Deliverable 7.2_Morocco Page 4 of 47

5 1 Country Overview 1.1 General: Geography, precipitation Morocco is located in the extreme north-western part of North Africa and is bordered by Algeria on the East, by Mauritania on the South/South East, by the Atlantic Ocean on the West, by the Straight of Gibraltar and the Mediterranean Sea on the North and on the west by the Atlantic Ocean. Morocco covers a surface area of km 2 and the coast extends over 3500 km. The geography of the country is diversified and is characterized by a mountainous Northern coast (Riff Mountains) and interior mountain ranges (Middle Atlas, the High Atlas, and the Anti-Atlas) with bordering plateaus, intermountain valleys and rich coastal plains, in addition to the desert Map of Morocco : source landscape in the south. The land use is distributed as follows: Arable land: 21%; permanent crops: 1%, pastures: 47%; forests and woodland: 20%; other: 11%. The useful agriculture surface areas totals 8,7 million hectares and the irrigated surface covers about 1.4 Million hectares. According to the 2004 census, the population is about 30 million inhabitants among which nearly 44.8 % is rural (table 1). The average population growth rate is 1.6% between 1994 and The average population density is inhabitants/km 2 with variations between the coastal zones where the density is higher and the mountainous and the desert zones where the population density is lower. Table 1. Moroccan population and the number of Households (Source : Direction of Statistics ( Recensement Général de la Population et de l'habitat 2004) Medium Urban Rural Urban+Rural Population (x1000) Households (x1000) The average household counts 5.3 persons (4.8 in urban and 6 in rural areas). The GDP in 2005 is estimated at Dh Millions and is distributed as follows: ADU RES WP7 Deliverable 7.2_Morocco Page 5 of 47

6 Table 2: Distribution of the GDP in 2005 (*1 Euros =11 Dhs) GDP (Current value) (In millions of Dhs) Structure of the GDP in % Agriculture, forestry and fishing 16,8 Mines 1,6 Energy 6,7 Industries 16,6 Construction and public works 4,7 Commerce rights and imports taxes 18,7 Transports and communications 7,1 Other services 11,9 Public Administrations 15,9 1.2 Precipitation As shown in table 3 below, the normal average precipitation can range from more than 700 mm/year in the northern regions (Laarache, Tetouan, Tangiers.) to less than 200 mm/year in the southern and Saharan regions (Ouarzazate, Tantan, Laayoune..). Annual precipitation patterns are irregular and in drought years, the rainfall deficit can be more that 2/3 of the rainfall of normal years especially in the interior and southern regions. Table 3. Evolution of the annual rainfall is selected Moroccan cities (source HCP direction of statistics) City City Agadir 276,4 179,2 228,1 Meknès 335,8 534,3 641,9 Al Hoceïma 314,2 394,1 464,4 Midelt 208,9 77,2 128,6 Béni Mellal 363,6 396,9 415,1 Nador 380,9 283,2 353,8 Casablanca 368,2 484,9 485,1 Ouarzazate 87,8 67,3 735,1 El Jadida 326,4 492,7 511,7 Oujda 297,5 274,4 483,0 Essaouira 288,1 225,2 308,9 Rabat-Salé 336,4 711,5 698,1 Fès 327,7 523,1 578,5 Safi 320,6 427,5 664,7 Ifrane 770,3 1127,8 1052,0 Tanger 650,1 846,5 653,6 Kénitra 468,7 766,8 670,9 Taza 423,7 535,9 511,4 Larache 635,8 1002,7 877,2 Tétouan 794,2 736,5 641,9 Marrakech 191,1 215,9 187,9 Average 389,0 490,8 128,6 ADU RES WP7 Deliverable 7.2_Morocco Page 6 of 47

7 1.3 Water Resources: Status and Future Trends Moroccan hydrology is characterized by a temporal irregularity as well as geographical disparity of rainfall. The average rainfall is 150 billion m 3 /year of which about 80% (121 billion m 3 /year) is lost. The total internal renewable water resources are estimated at 29 billion m 3 /year. The hydraulic potential that can be economically and technically mobilized is estimated at 19 billion m 3 per year, which consists of 15 billion m 3 of surface waters and 4 billion m 3 of underground waters. The contribution of the various basins to the water balance of Morocco is depicted in figure 3. The Northern basins (Moulouiya, loukous, Sebou, Bouregrag) account for 70% of the available water. Figure 3. Distribution of available surface waters between the various basins (Source DGH) The per-capita availability of water resources decreased from 1000 m3/person/year in 1970, to 500 m3/person/year in 2000 and is projected to decrease to 250 m3/person/year in 2025; which is well below the UNDP s 1,000 m3/person/year scarcity threshold. The hydraulic infrastructure of the country includes 113 dams and reservoirs and 13 water transfer systems in This infrastructure provides as a solution for the temporal disparity of rain water, secures drinking water supply for urban centres and irrigation water for the irrigated perimeters. The total capacity of the dams has risen from 2.3 billion m3 in 1967 to around 16 billion m3 nowadays (Table 3). The total flow rate of the transfer systems is 210 m 3 /s extending over a length of 1100 km and allowing the transfer of a volume of 2.5 billion m 3 /year. In Morocco 1.4 million hectares of irrigated cultures consume, on average, 80% of available water resources. ADU RES WP7 Deliverable 7.2_Morocco Page 7 of 47

8 Table 4: Evolution of the number and the capacity of the dams in Morocco Year Number of dams Total capacity (Million m 3 ) Water quality The hydraulic department has several monitoring stations of water quality monitoring throughout the country. For surface waters, there are 60 primary and 113 secondary stations as well as 36 stations located in the different dams. For groundwater monitoring, the network consists of 536 sampling stations distributed among 45 aquifers. Table 5: Parameters used to assess the quality of surface waters and to specify their uses O 2 (mg/l) BOD (mg/l) COD (mg/l) NH 4 + (mg/l) Phosphates (mg/l) Fecal coliforms (mg/l) Quality use >7 <3 <20 <0.1 <0.1 <20 Very good Water hat can satisfy the most demanding uses ³ good ³ average Production of drinking water by simple treatments. Water of quality able nevertheless to satisfy all the uses. Production of drinking water thorough treatments. Water quality sufficient for irrigation and certain industries > bad Water suitable for irrigation and cooling. <1 >25 >80 >8 >2.5 - Very bad Not suitable for the majority of uses. ADU RES WP7 Deliverable 7.2_Morocco Page 8 of 47

9 Table 6. Parameters used to assess the quality of surface waters and to specify their uses Parameters\quality Excellent good average bad Very bad Conductivity < > 3000 Chlorides < > 1000 Nitrates < > 100 Ammonium (mg/l) > 8 Organic matter > 8 - Fecal Coliform/100ml > Several sources of pollution contribute to deterioration of the quality of waters in Morocco: Agriculture, through the use of fertilizers and pesticides which are found in surface and underground waters Discharges of untreated household and industrial wastes Direct discharge of untreated wastewaters in water courses Mining rejections The quality of the water resources strongly depends on the geographical location, the sources of pollution (industries, discharges) and on agricultural activity (irrigated or not, use of fertilizers, pesticides). According to a study published by the Secretariat of State in charge of Water (see figure below), the overall quality of the surface waters is good in 46% of the monitoring stations and is degraded in 45% of them. Practically all stations which revealed bad surface water quality are located in waters courses affected by urban and industrial discharges (see map below). The deterioration of the quality of water in dams is due primarily to an increase in the contents of total phosphorus, conductivity, chlorophyll (a) and a reduction in dissolved oxygen. The pollution of the rivers is clearly accentuated downstream from the urban rejections. The majority of domestic and industrial wastewater of the urban and rural centres is rejected into the natural environment, without treatment or pre-treatment. Drought further aggravates the problem as a consequence of a reduction in the flow of rivers and their ability of self-cleaning. For groundwater only 20% of the monitoring stations revealed good quality, while the quality is degraded in 51% of them. Significant contents in nitrates exceeding 170 mg/l, which is 3,6 times the acceptable maximum limit for a drinking water, is found primarily in water of the aquifers of Fès-Meknès, Tadla, Abda and Doukkala due to the agricultural activity and use fertilizers. ADU RES WP7 Deliverable 7.2_Morocco Page 9 of 47

10 Quality of goundwaters ( ) Quality of suface w aters( ) Very bad (32%) Excellent (1%) Good (19%) Very bad (19%) Excellent (6%) Bad (19%) Average (29%) Bad (26%) Average (9%) Good (40%) Figure 4. Quality of the surface and ground waters ( ) Acquifiers for which 50% of the samples Acquifiers for which 50% of the samples Figure 5: Maps showing the quality of water in the main rivers and the underground water in various basins of Morocco (Source DGH). 1.5 Challenges Urbanization, economic growth, extension of irrigated perimeters, generalization of the access to drinking water in urban and rural areas, periodically re-occurring drought years, population growth and improvement of the standard of living have put a severe pressure on water resources. The volume of water that can be mobilized per capita under normal climatic conditions has already reached its maximum. Moreover, the impact of climate changes and the succeeding shortage in rainfall further aggravate the situation. ADU RES WP7 Deliverable 7.2_Morocco Page 10 of 47

11 The mobilization of every water resource, including non-conventional ones (brackish, sea water, waste water..) and the rational use of water especially in agriculture are therefore becoming increasingly necessary. The action plan put forth by the SSCW in this regards can be summarized a follows: Secure drinking water supplies for in urban areas generalize the access to drinking water to the rural areas which is projected to reach 90% in 2007 in the framework of the PAGER program. Continue the construction of dams, at a pace of 2 to 3 dams/year in order to mobilize the totality of surface waters. Transfer of water from basins with a surplus of water to others suffering from a deficit. Promote demand management and water saving in irrigation by instituting the userpayer and the polluter-payer principle. Preserve water resources and water quality Resort to non conventional water resources (for example waste water treatment) in irrigation and desalination of brackish and sea water for drinking water. Agriculture is the most water-consuming sector since it consumes more 80% of available water resources. A significant progress in the economy of water can be made by introducing modern irrigation techniques, the rehabilitation, the modernization and the maintenance of the irrigation infrastructure in order to reduce the water losses in the distribution networks. The user-payer principle will also aid in reducing water consumption in this sector. ADU RES WP7 Deliverable 7.2_Morocco Page 11 of 47

12 2 Desalination 2.1 Local situation The desalination experience of the country started in 1975 in the city of Tarfaya in the south through the construction by the National Office for Potable Water (ONEP) of an Electrodialysis plant for brackish water. In 1977 a Mechanical Vapor Compression plant for sea water desalination was set up in Boujdour. The Main desalination plants installed throughout Morocco are given in the table below (Source ONEP). As shown in the table some of the earlier units are no longer operational and were replaced by Reverse Osmosis (RO) by much newer RO plants. Table 7. Desalination plants in Morocco City Technology Feed water Capacity Operation date Tarfaya ED BW * Boujdour MVC SW * Tarfaya RO BW * Smara RO BW * Boujdour RO SW Laayoune RO SW Tarfaya RO BW Tan-Tan RO BW * no longer operational (Source ONEP) 2.2 Role in the water supply system Desalination has already been used to supply drinking and municipal water in the southern region of the country. The volume of water produced by desalination is around 3 Million m 3 /year. This potential can be increased since Morocco has a coastline of more than 3,500 km. In addition, hydro-geological investigations conducted by the Hydraulic Department showed that brackish water is widespread in the country, especially in the southern regions. In some areas, water with TDS over 2.5 g/l is the only resources available to rural communities within reasonable distances. In such areas, the population commutes for 3 to 5 km and sometimes more, to get the daily need of domestic water. ADU RES WP7 Deliverable 7.2_Morocco Page 12 of 47

13 2.3 Future perspectives Urbanization, industrialization, extension of irrigated perimeters, population growth and improvement of the standard of living will further strain the water resources. The mobilization of every water resource, including non-conventional ones (brackish, sea water, waste water..) is therefore becoming increasingly necessary. This is the case in the south of the country and in several rural villages. Other desalination plants are therefore planned mainly in the south of the country as follows: Table 8: Planned desalination plants City Nature of the operation Capacity (m 3 /day) Scheduled operation date Laayoune extension Underway Boujdour extension Underway Tan-Tan New plant Agadir New plant Some smaller units for fishermen villages located on the Atlantic Ocean coast are also planned by ONEP. ADU RES WP7 Deliverable 7.2_Morocco Page 13 of 47

14 3 Environmental perspective 3.1 Environmental impacts related with water The current environmental issues related to water uses are: water supply contamination by raw sewage, reservoir silting and pollution of coastal and fluvial waters by industrial and urban effluents. In addition, eutrophication of dams leads to the death of thousands of fishes (Sebbou, Oum erbia). Over exploitation of groundwater such as in the Sous-Massa basin has lead to resource exhaustion and to severe ecological problems (drying of the water courses, lakes and sources, sea intrusion and fauna extinction). Also the construction of dams leads to severe environmental and socio-economic impacts as a result of drying of the downstream of the river (ex. Draa river in the South), The strongly polluted sea waters are located near the wastewater discharges of the main coastal cities of the country. This is because the majority of domestic and industrial wastewater of the urban and rural centers is rejected into the natural environment, without treatment or pre-treatment. In addition, a significant part of wastewaters of interior cities is re-used in agriculture without any treatment. This constitutes a serious danger to the public health. The problem of underground water pollution has been reveled in the irrigated agricultural areas, where several factors such as climate, type of ground, depth of the aquifer, irrigation water quality, fertilizers may contribute to the degradation of their quality. This degradation is generally manifested as an increase in the content of nitrates and of the salinity. This problem is alarming as the subsoil waters often constitute the only available resources, in particular for rural populations Solid waste also contributes to the degradation of surface water resources but especially of underground waters. The choice of the discharge sites is not generally the subject of a serious preliminary environmental impact assessment. The costs of the degradation of the water resources (drinking water treatment, medical care due to waterborne diseases and premature deaths), estimated at approximately 14 billion DH by the National Strategy for Environmental Protection and Sustainable Development, was 5.7% of the GDP in Current and planned solutions Environmental and water protection laws and regulations provided by the water law need to be enforced. For example of the protection perimeters, polluter-payer and user-payer policies have been recently institutionalized. The law pertaining to environmental impact assessment needs to be enacted. Its objectives is to evaluate in a systematic and ADU RES WP7 Deliverable 7.2_Morocco Page 14 of 47

15 preliminary way the possible direct and indirect, temporary and permanent repercussions of the project on the environment and in particular to evaluate its effects on the humans, fauna, flora, ground, water, air, climate, natural environment and the biological balances, the protection of the goods and the cultural inheritance, hygiene, safety and public health. For overexploited aquifers, artificial recharging as in the case in Souss-Massa region (south) is also considered. In order to prevent the degradation of water, a set of measures were taken in particular for the rehabilitation of surface water of the principal rivers. Thus, with the support of international organizations (GTZ, French Cooperation, USAID...), a program of control of pollution generated by industries and the craft industry (tanneries, oil mills, etc.) was set up for the Sebou river. A similar action was also initiated by the Department of Industry, with the support of the ONUDI, for the basins of Tensift and of Oum Errabia. An action plan for each one of these two areas is set up based on preliminary actions. ADU RES WP7 Deliverable 7.2_Morocco Page 15 of 47

16 4 Energy sources 4.1 General overview of the energy supply Morocco doesn t have any major conventional energy sources (Oil, natural gas, coal) 95% of its energy needs are imported. This energy vulnerability has forced the responsible authorities to diversify the energy resources of the country (Natural gas, oil, oil shales and renewable energies...). Morocco has one of the world largest oil shale reserves in the deposits of Timahdit and Tarfaya. However, the exploitation of these deposits has so far not been undertaken due to cost-benefit factors. The energy situation in 2005 can be summarized as follows: the energy consumption is 12 Millions TOE, excluding firewood consumption (which is about 3 MTOE) distributed a shown in the following figure below. Energy consumption: 12 MTOE (2005) Natural gas (3.3%) Renew able energies(3.9%) Imported electricity (1.4%) Coal (31.9%) Oil products (59.5%) Figure 6 : Energy consumption in 2005 (Source : Ministry of energy and mines (MEM)) About 95% of the energy needs of the country are imported (oil, coal, natural gas). The total installed electric power increased from 4621 MW in 2004 to 5354 MW in 2005 distributed among various sources as follows: Table 9: Sources of electrical energy Installed Power (MW) Energy source Hydroelectric power Wind Thermal(coal, gas and oil products) Total: ADU RES WP7 Deliverable 7.2_Morocco Page 16 of 47

17 Over 80% of the energy (electricity) needs of Morocco are derived from conventional sources (imported coal, oil products and natural gas). Renewable energies (wind, hydro and solar) are gaining increasing grounds to compensate for the over-dependence on external supplies. More than 6 MWp of Photovoltaic power is installed in Morocco (4% of the world s installed PV power) and is used in water pumping, telecommunications, decentralized electrification and other activities. The installed power is steadily increasing as more rural villages are electrified by individual PV kits in the framework of the PERG program. This contributes about 11 GWh to the energy balance of the country. At the end of 2004, the PERG program allowed to connect villages ( households or a population of ) to the grid. The rural electrification rate (percentage of electrified rural villages) went from 18 % in 1995, to 50 % en 2001 and reached 72% at the end of Role of the renewable sources Aware of his energy vulnerability, Morocco is more and more relying on renewable energies to diversify its energy sources and to satisfy its growing energy needs especially in remote rural areas. The targets set for 2011 and 2020 are respectively 10% and 18% penetration of the renewable energies in the energy mix of the country. Indeed, Morocco is well known for his wind and solar energy potentials. Studies carried out by the centre de development des energies renouvelables (CDER) have revealed that the wind potential of Morocco is greater than 6000 MW. The wind speed in potential sites ranges from 4 to 11 m/s and full load hours between 3000 and 5000 h/year. The solar energy potential ranges from 4,7 to 5,6 kwh/m2/day and the number of full sun hours varies between 2800 and 3400 hours per year. Hydroelectric power stations have been developed throughout the years (total of 1727 MW up to 2005). Micro-hydroelectric stations are also being considered for decentralized electricity production in the rural areas. 19 sites have been scheduled for equipment among the sites that were identified (over 800). Wind farms are constructed in the region of Tetouan city in the North of the country (region of high wind potential) with a total installed power of 54MW: Abdelhak Torres farm: composed of 84 wind turbines and a total installed power of 50.4 MW. The wind farm will be operated for 19 years (from August 2000) by CED (Compagnie eolienne du Detroit) Koudia Al BAIDA, in the same site, is composed of 7 turbines with an installed power of 3.4 MW and is operated by ONE Other project of wind farm is planned in the region of Essaouira city on the Atlantic Ocean coast. ADU RES WP7 Deliverable 7.2_Morocco Page 17 of 47

18 4.3 Experiences in autonomous systems Several PV projects have been realized in Morocco in the following sectors: water pumping, telecommunication decentralized rural electrification, and various others applications in either the public or private sectors. Up to 6 MWp of PV power has been installed (equivalent to annual energy of 11 GWh). Several other rural electrification programs by PV are underway to electrify more than villages in the framework of PERG program. Wind energy and micro-hydro stations are also being exploited for decentralized rural electrification. According to ONE, it is expected that by 2007, 9% of the rural villages will be electrified by renewable energy sources: Microhydro, wind and PV (7%) Decentralized electrification with wind turbines in the Province of Essaouira in Moulay bouzerktoune: with an installed power of 15 kw allowing to electrify 71 households Sidi Kaouki: with an installed power of 50 kw allowing to electrify 52 households 4.4 Future perspectives Accelerating the penetration of renewable energies in the energy mix of the country is one of the pillars of the energy policy. In addition, exporting clean energy to Europe (from wind farms) may be an economical stimulus for the development of this sector in Morocco. Rural electrification has received a great attention. Indeed by 2007, 9% of the rural villages will be electrified by renewables (PV kits, micro hydro and wind). Various projects that will exploit wind energy either for power production (Essaouira, Tangier, Tantan,..) or for decentralized electrification (two already operational in Essaouira region) or desalination of water (Tarfaya) are underway. Other hydroelectric power stations are also scheduled. This experience will be implemented in other suitable sites (Safi, Agadir, Essaouira..). A feasibility study for a wind energy powered desalination stations is underway in Tan-Tan in the south of the country. ADU RES WP7 Deliverable 7.2_Morocco Page 18 of 47

19 Table 10: projected renewable energy power plants Project Localization Installed power Projected year (MW) of operation Cap Sim Essaouira, Wind farm of Tangier Tangier - Sendoouk 65 MW Dhar Saadane 75 MW Tarfaya Tarfaya 60 Under study Dakhla Dakhla 75 Under study Hydraulic power station Al Borj Oum Rbia river Hydraulic power station Tanafnit Oum Rbia river Hydraulic power station Tilougguit Azilal ) Combined-cycle power station Ain Beni Mathar Oujda (Solar/thermal) According to recent forecasts by the National Office of Electricity (ONE), all the rural villages will be electrified by 2007 instead of the initial time frame of A percentage of 9% of these villages will be supplied through renewable energies (PV, wind and micro-hydro). Up to year 2003, households were equipped with individual PV kits in this program. ADU RES WP7 Deliverable 7.2_Morocco Page 19 of 47

20 5 The Institutional Framework for Water Management 5.1 The Water Law In Morocco, the first official text regulation the water sector dates back to The various water legislations put forward throughout the years were merged into a single water law in The water law states that water, independently of its form, is a public property (public hydraulic domain), except when water rights were acquired (Chapter 1 Article 1-5), and sets conditions for exploitation (Chapter II). The public hydraulic domain is subdivided into two categories (article 2): Natural: aquifer (superficial or underground), water courses, rivers, lakes and shores Artificial (dams, wells, canalizations) realized by the government or on its account for public use In addition, a protection perimeter as well as water transport facilities are included in this domain. This protection zone is up to 6m from the highest level reached by water during the highest water rise for the main rivers and up to 2 meters for the others. Any actions that may affect the public hydraulic domain need authorization from the water authorities which are the Basin Agencies. In addition, the water law also provides for: Water planning and repartition of resources in agreement with users and public authorities The protection of public health by regulating the exploitation, the distribution and selling of water destined to consumption The regulation of the activities that may pollute water resources (environmental protection) Rational repartition of water resources in periods of drought Improving irrigation water planning and use Sanctions and the creation of water police to repress any illicit exploitation of water and any act that may alter its quality. However most of these laws are not yet well enforced Legal rights: Water rights can be granted to individuals, groups and moral persons (companies). They can also be granted based on historical rights. The water sector is prioritized and irrigation occupies the first place (80% of the mobilized resource). The law on water also promotes decentralization in the management of the water sector by creating the Basin Agencies. Each agency sets up a master plan for an integrated management of the water resources in its action zone. Overall 7 basin agencies have been created, corresponding to the 7 major river basins. ADU RES WP7 Deliverable 7.2_Morocco Page 20 of 47

21 5.2 Disposal of waste water and brine There are no specific laws regarding brine disposal. However, the water law clearly provides for the protection of water resources against actions that may cause their pollution. ARTICLE 52 of the water states that direct or indirect discharge, flow, rejection or deposit in superficial or underground water which are susceptible of modifying its physical (including thermal and radioactive), chemical, biological and bacteriological characteristics, cannot be performed without an authorization granted beforehand after an enquiry by the basin agency. ARTICLE 63 of the water states that protection zones must be established around catchments destined to public water supplies such as sources, wells and boreholes. These zones include: an immediate protection perimeter of the works against bacterial pollution, the land must be acquired and protected by the organism in charge of the exploitation, these terrains are an integral part of the work to which they were acquired. if necessary, a protection perimeter close to catchments against chemical pollution, inside which any activity or installation susceptible of a permanent pollution source is forbidden and regulate any storage facility or installation constituting an accidental pollution risk of the water. The procedure to delimit these perimeters is done performed according to the enforced regulations. In addition, the decree (24 January 2005) regarding discharges in the public hydraulic domain, specifies the procedures (Article 2 and article 3) that should be followed in order to obtain an authorization, the quality of wastewater and the fees to be paid in when the wastewater flow rate exceeds 10 m3/day. The procedure to follow in order to obtain this license is given in appendix. The limiting values of the pollutants are fixed by joint Decrees of the concerned ministries. These values are yet published. In addition, two other laws have been promulgated recently: The protection of the environment (11-03 law) promulgated by the Dahir (Royal Decree) n of May 12, 2003 The environmental impact assessment (law 12-03). Article 2 of this law states that All the projects specified in the list annexed to the present law, carried by any person or entity, private or public, which because of their nature, their dimension or their site are likely to produce negative impacts on the biophysical and human medium, are the subject of an environment impact study ADU RES WP7 Deliverable 7.2_Morocco Page 21 of 47

22 Article 7 states that The authorization of any project subjected to an environment impact study subjects to a decision of environmental acceptability. This decision is one of the documents needed to request an authorization to carry out of the project. 5.3 Guide lines The law provides the legislative basis for the quality of drinking water. In addition, the following decrees deal with this issue: The joint Decree n (October 17, 2002) of the Minister of equipment and the Minister of land management, water and environment fixed the standards for the quality of surface waters used to provide potable water. Decree n of February 4, 1998 regarding the standards for water quality and the inventory of the degree of pollution of waters. Article 58 of the Law on water defined water for human consumption as follows: Water intended directly for drinking, Water intended for the preparation, the conditioning or the conservation of the foodstuffs intended for the public. Article 59 states that water for human consumption, for direct or indirect use, must be drinkable. Water is regarded as drinkable within the meaning of this law when it satisfies the standards of quality set by the law, according to whether this water is intended directly for drinking or for the preparation, the conditioning or the conservation of the foodstuffs. Article 60 states that It is prohibited to propose, sell or distribute non-potable water under whatever form for the purpose human consumption. The administration can, under certain conditions, temporarily authorize the local use of water not meeting all the standards of article 59 In addition, article 61 states that any realization or modification of water adductions for a community is subjected to a preliminary authorization of the administration for purposes of carrying out the quality control of water. On the other hand article 65 states that in any water treatment involving chemicals, the additives should in no case affect the potability of water and deteriorate its organoleptic properties. ADU RES WP7 Deliverable 7.2_Morocco Page 22 of 47

23 Article 66 states that the monitoring of the quality of water must be ensured in a permanent way by the producer and the distributor. For this purpose, water must be analyzed periodically by accredited laboratories. The Ministry of Public Health is the main water quality regulator. The regional Laboratory of Hygiene of the Ministry of health performs routine (or upon request) bacteriological analysis of different waters. The sampling must be performed by the Hygiene technicians or by the technicians of Municipal bureau of Hygiene in the concerned provinces. Advanced water analysis can be performed by the National Institute of Hygiene. The Laboratory is not equipped to perform chemical analysis of the water. The quality of bottled water is exclusively monitored by the ministry of health. The direction of epidemiology is responsible for all the health aspects related to the use of water. The monitoring of drinking water quality at the production and distribution stages relies heavily on operator s (ONEP, Regies,, associations..) self-monitoring and reporting. Water quality can be certified in ONEP s network of laboratories throughout the country or any accredited laboratory. Also, according to the communal charter (law 78-00), the president of the commune has to oversee the salubrity of potable water and to control water points destined for the production of drinking water or bathing. The standards for water quality (drinking water, water for irrigation,) are set by joint decrees of the governmental authorities in charge of the equipment (Minister of equipment) and the environment (MATEE) following the opinion of the governmental authority in charge of the public health (Ministry of Health) and the concerned ministries. They are subjected to revisions every ten (10) years or as needed. The Moroccan standards NM , given in Annex I, have been set for drinking water. This standard includes the limiting values of the various parameters that drinking water: the Organoleptic (odor, flavor, turbidity and color), physico-chemical, undesirable/toxic and bacteriological factors for drinking water are given in the table in Annex I In addition, the joint Decree of the Minister for the equipment and MATEE (Minister of land Management, water and environment) n October 17, 2002, fixed the standards for the quality of surface waters that can be used for the production of drinking water. This ADU RES WP7 Deliverable 7.2_Morocco Page 23 of 47

24 decree subdivided the surface waters used for the production of drinking water into three categories A1, A2 and A3 according to appropriate treatment processes needed: - the A1 category for water requiring a simple physical treatment and disinfection in particular by filtration and disinfection; - the A2 category for water requiring a physical, chemical normal treatment and disinfection in particular by prechloration, coagulation, flocculation, decantation, filtration and disinfection (final chlorination); the A3 category for water requiring a physical, advanced chemical treatment, disinfection in particular by chlorination ( break-point ), coagulation, flocculation, decantation, filtration, refining (activated carbon), and disinfection (ozone, final chlorination). The Decree also fixed guiding and imperative values which any surface water used for the production of drinking water must meet. The overall quality of surface waters and their use are assessed using the parameters given in Table 5 above. On the other hand the quality of underground water is assessed using the parameters in table 6 above. In addition, the Decree n of February 4, 1998, delimited protection zones and perimeters of safeguard and prohibition. In order to protect the quality of water, protection zones must be established around water supplies such as sources, well, boreholes These zones include: an immediate protection perimeter of the works with respect to bacterial pollution, if necessary, a protection perimeter against chemical pollution, inside which any activity or installation likely to constitute a source of permanent pollution or any installation constituting a risk of accidental pollution of water is prohibited. 5.4 Independent energy and water production Water production: Access to drinking water is a right that is guaranteed by the state (government). The drinking water production sector is dominated by ONEP. The role of the basin agencies, on the other hand is to put the water resource at the disposal of the populations and ONEP. The legal basis of concession of the exploitation of the public hydraulic domain is laid out in the water law. The director of the Basin Agency can deliver the authorizations and concessions for the use of the hydraulic public domain for various purposes including drinking water and electricity production. Village associations and NGO s are also very active in this regards. Energy production: According to the decree n (September 23, 1994) modifying the Royal decree (Dahir) n of August 5, 1963 bearing the creation of the national office of electricity. ADU RES WP7 Deliverable 7.2_Morocco Page 24 of 47

25 The National office of electricity has the monopole for the production of electrical energy of for powers higher than 10 MW; productions equal to or lower than 10 MW must be intended for the exclusive use of the producer ONE is also entitled, after call for tender, to make a concession to the private sector, for the electric power production higher than 10 MW. The production is exclusively sold by ONE for the satisfaction of the needs for the office The electricity market is still regulated and the liberalization is expected in Nowadays, in addition to ONE s own production, electricity production is also carried out by concession to: Jorf Lasfar Energy Company (JLEC) which carries out electricity production from the thermal power station of Jorf Lasfar (4x430 MW) for 30 years, using imported coal. The Jorf Lasfar power station accounts for 56% of the countries electricity production. Compagnie Eolienne du Détroit (CED) : wind farm Abdelhak Torees in Tetouan (50 MW). The company «Electricité de Tahaddart», which exploits the combined cycle power station of Tahadart near Tangier. Morocco has accumulated an extensive experience in renewable energies through the rural electrification program (PERG). By 2007, 9% of the rural villages will be supplied through renewable energies (PV, wind and micro-hydro). Despite this achievement, no specific legislation does exist for the renewable energy installations. The Center for the development of renewable energies (CDER, Marrakech) can certify some renewable energy components (Panels, Batteries, luminaries, charge controllers, ballast.) ADU RES WP7 Deliverable 7.2_Morocco Page 25 of 47

26 6 The Water Policy 6.1 Potable Water Tariffs Water tariffs are fixed by a Decree upon recommendations from an interministerial commission comprising the ministries concerned with the problematic of water. They are regularly reviewed. In the case of private operators (Lydec, Redal, Amendis), the tariffs are fixed through agreements between the communes and the operators. They destined to cost recovery (recovery) and to cover the operation and maintenance. 6.2 Water tariffs at the production: Water tariffs at the production are applied to Regies and concessions (private operators). The potable water tariffs (PAGER and national solidarity taxes not included) at the production, as fixed by the decree n of February of the Minister delegated to the Prime Minister in charge the economic and general affairs, are given in the following table. Table 12: Water tariffs at the production (Source Official bulletin n 5400, Thursday March 2, 2006) Location Cost(DH/m 3 ) El Jadida-Azemour and the small centers supplied from the Daourat or Sidi Daoui dams (except the OCP industriel 4,20 complexes). Casablanca - Mohammedia - Rabat-Sale Temara 4,34 Kenitra-Mehdia 4,14 Safi-Oualidia-Essaouira 3,96 Nador and the small centers of the region 3,01 Asilah 3,57 Al Hoceima-Agadir-Ait Melloul-Inezgane-Ouled Teima 3,84 Marrakech 3,02 Tangier 2,86 Tetouan-Fnidaq-M'diq 2,85 Larache-Ksar El Kebir 2,96 Settat-Tamanar 2,19 Fes-Sefrou-Bhalil 3,05 ADU RES WP7 Deliverable 7.2_Morocco Page 26 of 47

27 Beni-Mellal-Kasba Tadla - Fqih Ben Salah 2,39 Khouribga 4,26 Oujda.. 3,52 Meknes. 2,41 Taza. 3, Water tariffs at the distribution a.) Urban areas Water distribution tariffs differ from town to town and reflect the differences in production and distribution costs. Four different user groups are de defined: - Residential (domestic) where a variable tariff is used depending on the consume volume - Preferred (such as public baths and public fountains) for which a fixed tariff is used, usually on the same order as the distribution tariffs. - Industrial (food industry, hotels..). A fixed higher tariff is also used in this case - Governmental (schools, hospitals...). Depending on the operator, these tariffs may be similar to those of the domestic use. A Pager tax (5% ) was introduced in order to improve access of the rural population to drinking water.. They also include three components: 1. A fixed fee: destined to recover fixed costs for connection and the maintenance of the distribution network: -Domestic use: 6 DH/month (it increased from 2.50 DH/month) -Preferential and industrial and hotels: 10 DH/month (it increased from 6.16 DH/month) 2. A variable fee: which depends on consume volumes. For residential and administrative usage tariff blocks are used (progressive tariffs depend on the consumption): - Block 1: less than 6 m3/month (social bloc). In this case a social tariff which often is lower than the real water cost at the distribution is used. The social block was reduced from 8 m3 to 6 m3/month after March Block 2: 6 to 20 m3/month. The tariffs are close to the actual water cost - Block 3: 20 to 40 m3/month. The tariffs in this case are high and are used to compensate for the loss incurred in the social block. - Block 4: More than 40 m3/month. ADU RES WP7 Deliverable 7.2_Morocco Page 27 of 47

28 Table 13. Water distribution tariffs in 2003 (including the 7% value added Tax). Source ONEP, RADEEMA(regie of distribution of water and electricity in Marrakech) and World Bank report. Consumer category Residential Preferred Industrial Governmental Tariff UNITS Regie/Private concession component LYDEC RADEEMA REDAL RADEEF (Casablan ONEP (Marrakech.) (Rabat) (Fes) ca) Fixed DH/month Bloc1(DH /m 3 ) DH/m Bloc2(DH /m 3 ) DH /m Bloc3(DH /m 3 ) DH /m Bloc4(DH /m 3 ) Fixed charge DH/month Variable DH /m Fixed charge DH /month Variable DH /m Fixed DH/month DH /month Bloc1(DH /m 3 ) DH /m Bloc2(DH /m 3 ) DH /m Bloc3(DH /m 3 ) DH /m Bloc4(DH /m 3 ) DH /m Recently, new tariffs as fixed by the Decree n (February 6, 2006) of the minister delegated to the Prime Minister, responsible for the general and economic affairs of the government, are given in the following table. These tariffs are applicable only to centers operated by the Regies and ONEP. ADU RES WP7 Deliverable 7.2_Morocco Page 28 of 47

29 Table 14: 2006 water distribution tariffs (ONEP centers and Regies). (Source: official bulletin n 5400 of Thursday Mach 2, 2006) Localities Domestic use (DH/m 3 /month) Preferential DH/m 3 Industrial DH/m 3 Hotels DH/m 3 Block 1 Block 2 Block 3 Block 4 Centers managed by the Regies or by the municipalities: Kenitra - Mehdia... 2,32 5,25 6,59 6,64 4,88 4,46 5,82 Other centers operated by the Regie of Kenitra 2,37 7,39 10,98 11,03 7,20 6,68 6,68 Larache et Ksar-El-Kébir 1,74 5,31 6,06 6,11 3,74 3,57 4,78 Meknes. 1,30 3,88 4,45 4,51 2,18 2,23 3,71 Fes - Sefrou - Bhalil... 1,95 7,07 8,79 8,84 5,61 5,32 7,63 Nador 2,13 6,01 8,51 8,56 6,01 5,23 7,05 Oujda. 3,81 10,11 14,72 14,77 9,77 10,13 12,18 Beni-Mellal - Kasbat Tadla - Fquih-Ben-Salah 2,61 6,51 10,14 10,19 6,73 7,05 8,56 Marrakech. (RADEEMA) 1,70 6,37 9,36 9,41 5,73 5,40 8,02 Essaouira 2,65 6,44 11,17 11,23 6,36 5,94 5,94 Oualidia 2,52 6,65 10,73 10,79 5,94 5,44 8,02 Bir-Jdid - Sidi Bennour - Zemamra 2,47 6,15 10,07 10,13 6,71 6,08 7,85 Azemmour - Ouled Frej 2,47 7,02 11,53 11,59 7,14 6,50 8,81 El-Jadida 3,09 7,78 11,86 11,91 6,88 6,23 9,00 Al Hoceima. 2,71 7,32 10,96 11,02 6,21 5,79 5,79 Agadir 2,95 7,77 9,58 9,63 6,21 5,77 8,34 Taza 2,15 6,00 8,92 8,97 5,85 6,07 7,63 Settat 2,63 6,86 7,53 7,58 5,81 5,56 6,88 ADU RES WP7 Deliverable 7.2_Morocco Page 29 of 47

30 Other centers operated by the Regie of Settat 2,37 7,39 10,98 11,03 7,20 6,68 6,68 Safi 3,32 7,88 13,12 13,17 7,82 7,14 10,87 Khouribga 3,07 7,40 11,22 11,27 7,16 6,57 6,57 Chefchaouen 1,79 4,71 6,61 6,66 2,79 4,41 4,41 Small centers managed by ONEP. 2,37 7,39 10,98 11,03 7,20 6,68 6,68 3. Network access fees: It consists of: - An infrastructure participation fee ( Taxe riveraine ), which is a function of the length of the façade of the local to be connected: - In urban areas: 217,05 DH/linear meter - In rural areas: DH/linear meter - A connection fee which is between 2000 and 5000 DH. b) Rural Water Supply Tariffs The distribution of water in rural centres is ensured by ONE. The tariffs (last column of the table) vary between DH 2.37/m3. Tariffs are usually higher in rural areas than in urban centres due to the reduced number of users and increased infrastructure costs. In the case of villages not supplied by decentralized systems (wells, boreholes) water tariffs my range from 4 to 6 DH/m3. In summary, the drinking water tariffs reflect: - A tariff difference by category of users: progressive by consumption block for the domestic and uniform for preferential and industrial users. - Single tariff for the small centers operated by ONEP where the water is subsidized (National solidarity) - Differences between production and distribution for the large cities because of nature of the equipments, their state, yield of the distribution - A tariff difference between cities reflecting the relative scarcity of the resource and the disparity of the distribution and production costs, - A significant difference in the tariffs of the social block can be noticed from one zone to another ADU RES WP7 Deliverable 7.2_Morocco Page 30 of 47