Organization, Management and Delegation in the French Water Industry

Abstract

The water industry is largely a natural monopoly. Water distribution and sewerage services are characterized by networks and its natural monopoly derives from the established local networks of drinking water and sewers: they are capital intensive with sunk costs and increasing returns to scale. In France, local communities have a local requirement of providing public services under optimum conditions in terms of techniques and cost‐effectiveness, and subject to respect different kind of standards in terms of water quality and level of services. They are responsible for producing and distributing drinking water, and collecting and treating wastewater. Furthermore, the French water utilities are required to be financially self‐sufficient. Rate‐setting varies across regions and local territories due to a variety of organizational features of services and availability of water resources. The management of these local public services can be public or private: local governments have the right, by the constitution, to delegate water service management to private companies which operate under the oversight of local municipal authorities. Today, nearly 80 per cent of the French population receive private distributed water. Different reasons are responsible for the poor performance and low productivity of most French public water utilities: technical and operational, commercial and financial, human and institutional, and environmental. Thus, many water public utilities have looked for alternative ways to provide water and sanitation services more efficiently, to improve both operational and investment efficiency, and to attract private finance. The purpose of this paper is to present the French organizational system of providing drinking water services, and collecting and treating wastewater services: legal aspects, contracts of delegation, and competition.