The article was submitted by Henryk Wyszyński for the conference in Kraków as part of the Polish Presidency 2025.
The principle of cooperation between Governmental and Private Institutions, and more broadly between Public and Private non-governmental institutions, is very important across many levels and areas of the economy and social life in a State. This is particularly true for water management. Water holds an extremely crucial significance for life and society. Both its scarcity and excess can cause significant problems for the life and safety of societies as well as the economy. Every society has certain experiences in this area, a defined legacy, and consequences, which are shaped by the water policy and management conducted over the years, and this forms its historical aspect — but with implications that are as they are for present times. Here notable historical examples include: the drainage of Żuławy by Dutch settlers, the construction of canals connecting various rivers such as the Augustów Canal, the Oginski Canal, the Bydgoszcz Canal, or the widespread land reclamation and drainage carried out in contemporary times in Poland. There are also existing inland shipping routes, such as on the Vistula to Gdańsk, or on the Oder or Niemen rivers, among others. All these have been created and exist in their current form to this day. On this theme, in the early 17th century, a beautiful poetic work titled FLIS was written by the poet and Mayor of Lublin, Sebastian Klonowic. A fundamental issue in this area is the existence of a defined legal order concerning water management. This legal order is determined by the Public authorities of the State, in our case, the Polish State. In such an analysis, it is important to consider two very important issues. The first is the meticulous determination of what legal norms have existed and continue to exist in this area, and what duties and rights are derived from these norms, characterized by DE LEGE LATA, that is, to the existing law. The next equally important layer to establish is how these regulations are practically applied by Public Authorities and adhered to by Citizens and individual entities. Reality here can be complex, especially if these norms are not followed thoroughly. This leads to the issue of legal accountability for the resulting consequences. After such an analysis of positive and negative sides, conclusions for the future can be developed for the legislator in the form of DE LEGE FERENDA proposals. There are numerous levels concerning water management such as the provision of water to the population and the economy, preventing droughts and floods, preventing natural disasters, utilizing rivers and lakes for economic purposes (transport, hydroelectric power plants, water tourism, sanitary issues, etc.). In such an organized and existing system of water management, there is room for excellent cooperation between Governmental and Private Institutions. I myself am a member of a Water Company due to owning a farm and benefiting from the conducted river drainage and field drainage. It is thus important for both Governmental and Private Institutions to meticulously adhere to the law in this area. Also important is the control of this adherence from both Public Institutions and Citizens, utilizing legal instruments such as complaints or proposals. A very crucial level is the realization of investment or broader policy goals in this field. From the executive side, such investment objectives will be fulfilled by the private sector based on tenders or orders. Within the private sector, many tasks can be executed beyond the obligation of strictly adhering to the legal order, such as rainwater collection, protection of waters and water bodies from pollution, proper use of water, and environmental protection. A key element is the awareness of the essence and significance of these issues, both in terms of their essence, knowledge of existing legal regulations, national and international, and from a historical perspective. Social engagement for water protection and increasing safety for the population and the economy when using these waters is also essential. Although much positive exists in the current activities, there are also threats. In such an analysis, it’s important to meticulously distinguish between what already exists with its positive and negative consequences from what can be improved in the future, locally, nationally, or internationally. Excellent SWOT analysis can also be used here, identifying Strengths, Weaknesses, Opportunities, and Threats from the environment. Like any analysis of research issues, it should encompass the whole subject and not just its fragments. Positive aspects must be distinguished from threats. Finally, there exist numerous conflicting interests and expectations of different entities, and solutions must always seek to be rational and positive. The very fact of discussing these issues within such an excellent team deserves immense recognition, as it can lead to even better solutions in this area, which is essential for life and meeting needs while simultaneously guarding against threats and dangers.
Author : Henryk Wyszyński