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5-Institutional Analysis of Collective Action
of Institutional Economics
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Rules and collective action: an institutional analysis of the
performance of irrigation systems in Nepal
RAM C. BASTAKOTI and GANESH P. SHIVAKOTI
Journal of Institutional Economics / Volume 8 / Issue 02 / June 2012, pp 225 246
DOI: 10.1017/S1744137411000452, Published online: 19 October 2011
Link to this article: http://journals.cambridge.org/abstract_S1744137411000452
How to cite this article:
RAM C. BASTAKOTI and GANESH P. SHIVAKOTI (2012). Rules and collective action: an
institutional analysis of the performance of irrigation systems in Nepal. Journal of Institutional
Economics, 8, pp 225246 doi:10.1017/S1744137411000452
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Journal of Institutional Economics (2012), 8: 2, 225–246
C The JOIE Foundation 2011 doi:10.1017/S1744137411000452
First published online 19 October 2011
1. Introduction
225
226 RAM C. BASTAKOTI AND GANESH P. SHIVAKOTI
relationships, various attributes of the biophysical world, and the nature of the
community where the action arena occurs. To understand institutional issues
it is important to examine how rules emerge within a physical and community
setting to generate particular types of situations.
Management of most irrigation systems is guided by various rules at the
system level. In community-managed irrigation systems, farmers develop a
variety of rules to specify rights and responsibilities among themselves (Tang,
1992). Most importantly they enforce these rules without the involvement of
external agencies. Contexts and irrigation systems vary, and, thus, self-organized
rule configurations vary depending on a variety of local attributes of irrigation
systems (Lam, 1998).
Thomas Dietz et al. (2003) noted that maintaining a certain level of collective
action among farmers is always a challenge. Universal solutions to water
management problems do not exist. Thus, farmers’ decision-making authority
related to devising rules is crucial (Bardhan, 2000; Meinzen-Dick, 2007; Regmi,
2008). Local institutions such as water users’ organizations enable farmers to
realize possible benefits of collective action (Meinzen-Dick et al., 2002; Leathes
et al., 2008). The literature on collective choice discusses rules and their effect
on collective action (Ostrom, 1990; Ostrom et al., 1999). Analytical approaches
have been offered to study the evolution of rules and norms (Crawford and
Ostrom, 1995; Ostrom, 2005; Ostrom and Basurto, 2011). However, the
empirical evidence examining the relevance of these theories is still limited. Thus,
in this paper, we are interested in two empirical puzzles related to irrigation
management in Nepal: (1) the relationship of governance structure with rule
formation, enforcement and rule following; and (2) the effect of rule enforcement
on irrigation system performance.
Nepal has a large irrigation sector in which rules and policies for irrigation
have changed amid economic and political changes (Shah and Singh, 2000;
National Planning Commission, 2002; Shukla, 2002). Irrigation systems are
found in diverse biophysical and community settings in the country. Traditional
farmer-managed irrigation systems are predominant mostly in the hill/foothill
areas. Most of the medium- to large-scale irrigation systems are built in Terai
and valley areas (Shah and Singh, 2000). The diverse landscape across hills
and plain areas results in varied biophysical attributes of the irrigation systems.
The location of irrigation systems varies with respect to market development,
investments and commercial opportunities. Such differences may also influence
rule formation and its use in irrigation management.
This paper addresses the above-mentioned empirical puzzles considering three
specific questions: (a) How does rule formation vary across irrigation systems
that are subject to different governance modes? (b) Is rule formation influenced by
diversity in biophysical characteristics of the irrigation system and community
attributes? (c) How do rule enforcement mechanisms affect performance and
collective action regarding irrigation performance?
Rules and collective action 227
2. Analytical approach
Action arena
Participants Outcome –
Rules-in-use Information performance
Formal + informal Motivation
Resources
which defines several action situations such as the meetings to form the rules,
and the actual process of irrigation itself. In particular, the meetings act as a
common platform for farmers to discuss and change the rules based on their need
or considering the information acquired from other action situations such as the
biophysical context and nature of the community. Such interaction, together with
rules, will ultimately affect the outcome, that is, performance of the irrigation
systems.
Rules include all five components (ADICO), whereas norms have four
components (ADIC), and shared strategies have only three components (AIC).
The ADICO syntax provides a basis for coding all institutional statements in
Rules and collective action 229
Table 2. Number of sample irrigation systems selected from different parts of Nepal
Ecological region
River basin Development region Plain Hill and valley Total
Koshi Eastern 7 5 12
Central 0 3 3
Gandaki Central 6 3 9
Western 4 8 12
Karnali Mid-Western 3 6 9
Far-Western 2 0 2
Mahakali Far-Western 3 0 3
Total 25 25 50
of users varied largely. The average cropping intensity at the head-end of the
system was 245.5%, whereas it was slightly lower at the tail-end of the system.
The majority of the sampled irrigation systems were of run-off-the-river type.
A significant proportion of systems had temporary headwork. However, the
canals in most of the systems were partially lined. Most of them (92%) reported
some form of conflicts, conflict among farmers (62%) being the most significant.
In a later section (see ‘Application of the ADICO syntax’) we will discuss how
the biophysical attributes affect rule formation.
Our analytical approach (see ‘Using the institutional analysis and development
framework’ section) considers the institutional environment as one of the possible
factors affecting rule formation. Thus, in this section we review government
water policies and irrigation-related laws and later examine how they affect rule
formation at the irrigation system level.
In Nepal, water resources policies entered into the legal domain with the
enactment of the first comprehensive statutory law called the Civil Code (Muluki
Ain) in 1854 (Khanal, 1982). The Civil Code linked water usage rights to
land ownership and prior appropriation rights of existing irrigation systems
over newly constructed systems. Clearly defined rules on water distribution to
avoid disputes were apparent early in the history (Baral, 2001). Following an
introduction of planned development (five-year plans) in the mid 1950s, Nepal
witnessed a flurry of policy interventions in water resource sectors including
irrigation. The Irrigation Act 1961 laid the first legal framework specifically for
irrigation. This was later replaced by the Canal, Electricity and Water Resource
Act 1967 that introduced the concept of a water tax. However, it must be
mentioned that water law in Nepal consists of customary rights and statutory
laws. The past centralized system of governance primarily satisfied the interests
of ruling elites rather than those of producers, traders and consumers.
With the restoration of democracy in 1990 there has been a shift towards
community participation and private sector involvement in decision-making. The
first national irrigation regulation was devised in 1989, which was revised and
promulgated as the Irrigation Policy in 1992 that emphasized formal registration
of FMISs to the government authority. Subsequently, irrigation policy went
through further revisions, the latest being in 2003. Currently, there exist four
policies, two acts and five regulations related to the water resources of Nepal
(Table 4). Among them the acts, regulations and policies that are directly related
to irrigation development and management are the Water Resources Act 1992,
Water Resource Regulation 1993, Irrigation Regulation 2000 and Irrigation
Policy 2003 (His Majesty’s Government of Nepal, 1992, 1993, 2000, 2003).
In addition, the Tenth Five Year Development Plan of Nepal (2002–07)
awarded legal rights to WUAs and irrigation division offices to collect service
Rules and collective action 233
The above section provides an overview of national level policies related to water
resources, particularly on irrigation management issues. These policies provide
a broader national framework for the management of irrigation systems present
in the country. In the following subsection we discuss various operational and
collective choice level rules existing at the irrigation system level.
Position rules
The position rules define the set of possible positions for participants. Those using
irrigation water are assigned the position as a ‘general member’ of the system.
The irrigation systems are typically managed by water users’ committees (WUCs).
Various executive positions are assigned at the operational level with authority
to manage specific functions related to the operation and management of the
irrigation system. Typical positions include president, vice-president, secretary,
treasurer and members. Each position has specific duties, responsibilities, and the
authority associated with different positions is reflected in the level of influence
on action situations and outcomes.
In some irrigation systems, branch committees are responsible for looking
after particular branch canals. In other cases irrigation canals are divided into
various blocks, and each block committee is assigned a different position. The
aim of block and branch committees is to decentralize power and for the smooth
functioning of blocks/branches.
Another common position rule observed was the provision for hiring guards
for water rotation commonly known as ‘dhalepa’, as reported by 64% of the
sampled systems. Generally, a water guard is hired from among the water users.
However, outsiders are also hired as regular staff, especially in AMISs. On the
other hand, in FMISs, users generally rotate the monitoring position among the
users themselves, which helps to ensure better collective action.
Boundary rules
The boundary rules define eligibility to enter a position, the process determining
which eligible participants may (or must) enter the position and the process of
exit (may or must) from any position (Ostrom, 2005). In irrigation systems these
entry and exit conditions are determined through various criteria; for example,
land holding, shares and membership.
The most common boundary requirement used as a rule was land holding.
All but one system used land holding in the command area as a mandatory
requirement for being a member of the irrigation system. The common rule of
arrangement is that one is automatically eligible to be a member if his/her land
falls within the command area. In most cases the users need to pay designated
membership fees.
effectively enforced, they can reduce uncertainty and conflict among irrigators
in relation to water withdrawal (Tang, 1992).
For most of the sampled irrigation systems, the irrigation canal was divided
into different areas, and a fixed time slot was assigned to the particular area,
then to another, and so on. The time was fixed as a result of group discussion
among the farmers. A subcommittee is made responsible for the distribution
and monitoring of water allocation. In many cases, the rule for water allocation
within the branch was that the succeeding field gets a turn only after the preceding
field is completely wet (generally from the head-end to the tail-end). But in some
cases, for example, Khurkhuriya Irrigation System in Kailali district, the turn
starts from the tail-end to the head-end of the system.
Depending on the biophysical characteristics of the irrigation system and
community attributes, the water allocation criteria differed across the irrigation
systems. Learning through management, in some places rules were devised
considering the problem faced by users at the tail-end of the irrigation system.
In order to minimize the disadvantage of the farmers from the tail-end, some
irrigation systems, for example Kamal Khola Irrigation System in Ilam district,
included the provision of providing a distance incentive (bato kharcha) of one
to four hours to tail-end farmers.
Aggregation rules
The aggregation rules are related to decision processes that determine whether a
single participant or a group of participants can decide about any action (Ostrom,
2005). They are often related to the process of making operational rules. The
irrigation systems in Nepal mostly operate on collective decision-making, though
it differs across irrigation systems, thus requiring the involvement of multiple
participants for making decision regarding any action. A majority of the sampled
irrigation systems reported the presence of this rule. The commonly existing one
was the need for a community consensus to decide water allocation. The water
guard (monitor) is responsible for regulating the water allocation based on earlier
agreed norms. In the case of any dispute between farmers the water guard has
the right to enforce the arrangements. Better consensus was observed in FMISs
compared with AMISs.
Information rules
The information rules directly affect the level of information available to the
participants involved in an action situation. A majority of the sampled irrigation
systems reported the presence of information rules. The most common rule was
the need to keep financial transactions in a standard manner and report to the
general meeting annually, as well as being made available to the users. Similarly,
if somebody breaks a rule repeatedly, the knowledge of this rule infraction will be
made public and the farmer will be restricted from further use of the water. Other
Rules and collective action 237
Payoff rules
Payoff rules provide provisions for rewards, burdens or sanctions being involved
in particular action situations. In a majority of the sampled irrigation systems,
provisions are such that they require labor contribution by each user for cleaning
of the canal. An example of a rule statement in an FMIS is: ‘It is mandatory for
the farmer to be present in cleaning of the main canal, but in case of branch
canal one can either go himself or send other people’. If any farmer is absent
during canal cleaning, they need to pay a fine, small at first, then a bit more, and
if they do not comply again and again, they are not allowed to use the water.
For example, Betani Irrigation System in Jhapa district reported that if the rule
is broken for the first time the farmer is fined the sum of 100 Nepalese rupees
(NRR). If the same farmer repeats the mistake then the fine is NRR 200, for
the third time the fine is NRR 500. After the fourth time, the farmer will not be
allowed to use water. The amount, however, varied across irrigation systems.
Sometimes the fine for not attending the canal cleaning is based on
corresponding land size. For example, Jhirhari Irrigation System in Siraha district
reported that if a user with up to 0.33 ha of land is absent, he/she has to pay
NRR 50/day. If a user with > 0.33 ha is absent he/she has to pay NRR 100/day.
Similarly, there is the provision of fines against water stealing, with an increase
in the amount in cases of repeated violations of the rules.
Scope rules
These rules are directly related to the outcome which must, must not or may
be affected by the result of actions taken by participants within a specific
situation. Scope rules define which outcomes are desirable from the actions
of the participants. These rules were reported by only a few of the sampled
irrigation systems. Some irrigation systems had rules restricting the use of water.
Farmers should use the water for agricultural purpose only, and in some cases a
rule restricts the crop as well. For example, in Betani Irrigation System of Jhapa
district there was a restriction on the cultivation of spring rice.
Rule formation in irrigation management
In this section we discuss two aspects of rule formation in irrigation management.
First, we examine the application of the ADICO syntax in rule formation. Then
we describe how different factors affect this process.
general, are crafted by users considering the local situation, especially in order
to fit into the existing physical infrastructure of the system and community
requirements. Local farmers formulate rules based on the ideas, norms and
understandings commonly shared in the community. In AMISs, the officials
formulate most of the rules and impose them upon the users, but the officials
are not always fully aware of the local context. This has a direct effect on the
compliance of the users to follow the existing rules.
In FMISs a majority of the users follow the rules (Table 8), whereas in AMISs
substantial levels of violations were found in more than half of the irrigation
systems. The higher the proportion of rule violators and the higher the level
of violations, the greater is the chance of less collective action. Ultimately, this
affects the smooth operation and management of irrigation systems, thereby
affecting long-term sustainability.
This rule enforcement situation affects the outcome through the effect on the
action arena as indicated in the IAD framework (Figure 1). The rule enforcement
situation in FMISs is favorable for better collective action among the users,
and thus for better performance of the system. We compared monitoring and
sanctioning arrangements, and rule-following behavior with two performance
indicators: overall physical condition (measured on a four-point scale) and short-
run technical economic efficiency (measured on a four-point scale). The results
showed that irrigation system performance is significantly related to the better
enforcement of the rules (Table 9).
The MSI score and rule-following behavior reveal that the level of rule
compliance is directly related to the likelihood of collective action in irrigation
management. Water users work together to maintain the physical condition of
the infrastructure in irrigation systems with a higher MSI score and a high level
Rules and collective action 243
Notes: Physical condition and economic efficiency are measured on a four-point scale and the value ranges
between 1 and 4. The numbers presented in the Table indicate the mean for each category.
of rule following. Higher scores are also related to better short-run technical
economic efficiency.
Moreover, for situations of a problem of rule compliance, farmers have added
supplementary enforcement mechanisms to their existing rules. In some irrigation
systems, we also found that if fines for stealing water are not paid, they are
referred to local government or even to the police station. Some scholars have
also noted the need for this additional component in rule analysis to capture the
enforcement mechanisms (Mittenzwei and Bullock, 2001; Smajgl, 2007). This is
very important in ensuring collective action.
Our empirical study of rules used by irrigation systems in Nepal illustrates the
usefulness of the ADICO syntax (Crawford and Ostrom, 1995; Ostrom, 2005)
for examining specific rule configurations and their effect on performance. The
ADICO syntax, however, does not capture well the enforcement mechanisms
that exist in many irrigation systems of Nepal. Thus, this assessment of
the applicability of the ADICO syntax in understanding how rules affect
performance suggests the need for adding one component related to ‘enforcing
mechanisms’. This would improve the usefulness of the ADICO syntax for
understanding how rules affect collective action and performance.
In regular operation and maintenance of an irrigation system users are bonded
by various formal and informal rules. Rules crafted by water users match local
context better than those prescribed by state agencies. FMISs generally devise
their own rules based on local context and taking into account the ideas, norms
and understandings shared in the community. In contrast, the rule formulation
in AMISs is mostly done by the officials of the Irrigation Office.
The revised national irrigation policies required the formalization of rules in
FMISs while registering their system with the government authority. However,
FMISs still have a higher degree of autonomy in terms of formulating rules and
devising their institutional arrangements than AMISs. The WUAs in FMISs can
244 RAM C. BASTAKOTI AND GANESH P. SHIVAKOTI
make rules on water allocation and designing collective action mechanisms. This
was supported by strong rule enforcement mechanisms that existed in FMISs.
But in the case of AMISs, only a few have effective rule enforcement mechanisms.
In FMISs, the self-devised rules considering their local context, ideas
and understandings facilitate collective contribution in the operation and
maintenance of the irrigation systems. Thus, rule violations are rare in FMISs
compared with AMISs. The results suggest that forming new rules to manage
irrigation systems should fully consider contextual factors. Rules, which are
devised based on the particular biophysical condition of the resource with
emphasis on the local community, can result in improved collective action. The
learning from the case of FMISs in Nepal could be applicable in suggesting the
formation of water management rules in other countries as well.
Acknowledgements
This paper is part of a larger study supported by a grant from the Research Grants
Council of Hong Kong (grant no. HKU7233/03H) made to the University of Hong
Kong on the project ‘Asian Irrigation Institutions and Systems (AIIS) Dynamics study
and Database Management’. We are grateful to Professor Elinor Ostrom (Indiana
University, USA) and Dr Louis Lebel (Chiang Mai University, Thailand) for detailed
comments on the earlier version of the paper. We are thankful to the executive
members of WUAs, irrigation officials and farmers in Nepal for the information and
their support during our field survey.
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