**8. Proposal for the adoption of a governance model: La Yarada aquifer case**

As mentioned, there are several models applied in different parts of the world, each with certain peculiarities. Based on the characteristics of the La Yarada aquifer system (**Figure 2**), due to the characteristics of the state's intervention in the economic activities of the region and the country, we can establish that the Mussetta hydraulic leviathan model is the best suited to the particularities of the aquifer in question. This is a strong model in terms of state presence, plans, developments, and works of hydraulic infrastructure. It is the State that in turn organizes the other actors in the economy and society, and never delegates the management of this position. This type of action is required in a system such as the one studied where there is a general disorder, regulations and laws are not complied with, the stability of the aquifer system having been put in a chaotic situation, while the recharge is much lower than the exploitation because unauthorized users have been generated to whom no sanction has been applied.

A clear example of the weakness of the State and its institutions is registered with the grant of the D.S. N ° 007-2015-MINAGRI, which establishes that "the areas declared closed prohibit their condition, proceeding exceptionally and for the only time to formalize or regularize water use licenses, in accordance with the provisions of this Supreme Decree." This decree is totally contradictory, existing the RM N ° 696-98-AG that ratifies the closure in the La Yarada aquifer, the formalization of licenses for unauthorized wells is decreed, which has generated a great imbalance in the system, which has produced not only a decrease in the water table but also deterioration of water quality due to marine intrusion processes in a large part of the aquifer, as demonstrated by studies carried out by ANA.

The post emission experience of the D.S. N ° 007-2015-MINAGRI has shown that the situation worsened, in the period of time granted for the presentation of files, a massive and uncontrolled action was made to drill wells in the study area in

**Figure 2.** *La Yarada aquifer location map.*

order to achieve the regularization of the groundwater exploitation infrastructure. Likewise, after the regularization process carried out, well drilling continues indiscriminately, with which it is demonstrated that the effect, more than a palliative to the problem, was a trigger for the drilling of wells without control, ignoring the regulations current and most worrying, an attempt was made to implement an action without the required control and security mechanisms.

According to the particularity of the La Yarada aquifer system and water management in Peru, it is observed, from the perspective of water governance, the presence and actions of social groups have increased over the years, exerting strong pressure on the aquifer. Thus, we can establish that the transition from governance to governance presents indicators that the institutions have not adequately managed their tasks and responsibilities and that the social agents have gained a presence in the excessive extraction of water from the aquifer, without the authority being able to intervene in concrete form. No sanctions are applied for violators of the laws and restrictive devices for the use of aquifer water, generating an increase in extraction wells that have grown geometrically in recent years with the consequent deterioration of the quality of the water in the aquifer.

#### **9. Conclusions**

Government policy in many countries of the world generates a serious collision between closed regulations on coastal aquifers and, on the other hand, decrees authorizing the formalization or regularization of water use licenses. This situation generates negative antecedents of government policy in the administration and management of water and in general of all-natural resources.

Governance and governance are altered and exceeded, the laws regarding the regimes of management and limitation of groundwater resources, both have qualities that could provide a relevant benefit for the sustainable use of water resources, if no immediate action is taken On the part of the government apparatus, the crisis of the system could become irreversible with the consequent economic damage that this entails. In the area, there are large extensions of plantations that are the support of economic activity.

In the Peruvian case, it is necessary to have a specific regulatory framework for groundwater that recognizes its particularity. Institutions in the field of Water Law must be consolidated and strengthened, not being a unique need in the case of groundwater, but in general for water resources in all its forms. Therefore, the efficient and transparent participation of the public administration that allows adequate water management for sustainable use is urgent. In the Peruvian case, it would be advisable to adopt the Mussetta hydraulic leviathan model, strong in terms of state presence, planning, developing, and building hydraulic infrastructure works. In turn, the State is the one that organizes the other actors of the economy and society, and does not delegate functions. This type of action is required in a system such as the one studied, where there is a general disorder, regulations, and laws are not complied with, the stability of the aquifer system being put in a chaotic situation, while the recharge is much less than exploitation because unauthorized users have been generated to whom no sanction has been applied.

#### **Acknowledgements**

This work has been developed within the framework of the research project "Integration of hydrodynamic, hydrochemical and isotopic methods to specify

*Governance and Governability of Groundwater in Arid Areas DOI: http://dx.doi.org/10.5772/intechopen.93590*

the operation and sustainable management of the Yarada aquifer, Tacna, Peru," financed with funds from canon, supercanon and mining reserves of the Jorge Basadre Grohmann National University, Tacna, Peru.
