V. IRRIGATION WATER DEVELOPMENT

See also:

I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
II. PREVENTION AND CONTROL OF WATER POLLUTION
III. GROUNDWATER DEVELOPMENT AND CONSERVATION
IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL
VII. CHARGING FOR WATER

1. INTRODUCTION

Irrigation water use involves technical, managerial, and financial approaches of increasing complexity, ranging from a landowner diverting streamwater or drawing water from his well onto his fields, to groups of landowners pooling their resources to build a system of canals benefiting them all, to the government developing the irrigation potential of a particular area for the benefit of individual users or of their groupings. Irrigation has thus a "development" and a "use" characterization, the former hinging on construction and management of the infrastructure necessary to make water actually available for irrigation use. Irrigation "use", in turn, can follow on from the construction of an irrigation scheme or project or, in its simplest form mentioned above, it may take place outside the framework of irrigation development schemes or projects. Under both circumstances, irrigation water "use" partakes, both conceptually and practically, of legislative approaches to allocating water for different uses, and of the material presented in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS. This Chapter will focus instead on the development aspect of irrigation water. In addition, in view of the key role they play in irrigation water use, this chapter will cover also water users' groupings.

2. GOVERNMENT-FUNDED IRRIGATION WATER DEVELOPMENT

Legislation on this particular subject typically empowers the government to undertake irrigation development projects, and to make consequential arrangements for the implementation of a project and, after the construction phase, for the management of the infrastructure and of the water available through it. Subsidiary legislation covers matters like the occupation of irrigated land, the distribution and use of project water, maintenance of the irrigation infrastructure, charging for project water and law enforcement. The balance of this sub-chapter will cover these aspects, as follows:

2.1 Occupation of Irrigated Land

A licensing mechanism may be employed to regulate the occupation and use of land comprised in a government-funded irrigation scheme (I). The government is thus in a position to influence the manner of use of the land and companion irrigation water by the project beneficiaries, through standard and other terms and conditions written in the licence (II) or through the authority of an officer empowered to take action with respect to land cultivation in lieu of a licensee and at his expense (III). Other matters covered by subsidiary legislation in connection with licensing are succession in the licence in the event of the licensee's death (IV), and duration and termination of the licence (V). A standard format of licences may be provided for the users' convenience (VI).

I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

4. Any person who resides in, carries on business in, or occupies any part of the scheme or grazes any stock thereon shall, unless he is the holder of a valid licence granted to him under these Regulations by the manager with the approval of the committee or is the authorized dependant of such licensee, be guilty of an offence.

II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

8. (1) Every licence shall be granted subject to the following conditions:

(a) a licensee shall devote his full personal time and attention to the cultivation and improvement of his holding and shall not, without the permission, in writing, of the manager, allow any other person to occupy his holding or to cultivate it on his behalf;

(b) a licensee shall maintain the boundaries of his holding in a manner satisfactory to the manager;

(c) a licensee shall maintain at all times his holding and all field, feeder and drainage channels to the satisfaction of the manager;

(d) a licensee shall maintain to the satisfaction of the manager all irrigation channels and works on or serving his holding;

(e) a licensee shall cultivate his holding to the satisfaction of, and in accordance with the crop rotation laid down by, the manager, and shall comply with all instructions given by the manager relating to the cultivation and irrigation of his holding;

(f) a licensee shall comply with all instructions given by the manager with regard to good husbandry, the branding, dipping, inoculating, herding, grazing or watering of stock, the production and use of manure and compost, the preservation of the fertility of the soil, the prevention of soil erosion, the planting, felling, stumping and clearing of trees and vegetation and the production of silage and hay;

(g) a licensee shall not hire, cause to be hired, or employ stock or machinery for cultural operations, other than stock and machinery owned by the manager, without prior approval, in writing, from manager;

(h) a licensee shall not absent himself from the scheme for longer than one month without prior approval, in writing, of the manager.

(2) Any licensee who fails to comply with the conditions specified in paragraph (1) of this regulation shall be guilty of an offence.

(3) Any licensee who refuses, or without reasonable excuse fails, to comply with any of the conditions of this regulation shall, in addition to any penalty that may be imposed under paragraph (2) of this regulation, be liable to have his licence terminated by the Minister, on the recommendation of the manager (after confirmation by the committee) and the Minister's decision shall be final.

16. (1) A licensee shall not keep on his holding any stock other than those specified in his licence and shall declare to the manager annually the natural increase in such stock and shall comply with any instructions issued by the manager as to their disposal....

III - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

13. If, in the opinion of the manager, it would be beneficial to a licensee's crops or to all the licensees in the scheme to cultivate by machinery, or to apply fertilizers, or manure, or to treat any crops or stocks in any way to protect them against diseases, pests, or damage of any kind, then the manager may do so and recover the costs thereof from the licensee or licensees.

IV - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

7. (1) A licensee may, at any time after the date of being granted a licence, nominate, in writing to the manager, another person to succeed him as licensee in the event of his death; and a licensee may at any time, in writing to the manager, revoke or alter any such nomination which may have been made by him:

Provided that no person nominated as successor may succeed until he has attained the apparent age of eighteen years; if he has not reached that age, his guardian under customary law may, within one month of the licensee's death, and with the approval of the manager, appoint a person to act on his behalf until the successor is of age.

(2) No person nominated as a successor may succeed without the approval of the committee.

(3) The authorized dependant of a deceased licensee may, within thirty days of his death, appeal to the court against the nomination under paragraph (1) of this regulation, of a successor.

(4) The authorized dependant may:

(a) where a licensee dies without having nominated a successor in accordance with paragraph (1) of this regulation; or

(b) where, under paragraph (3) of this regulation, an appeal to the court against the nomination of a successor has been successful, within one month of the death of the licensee or one month after the determination of the appeal, as the case may be, nominate, in writing to the manager, a successor who must be approved by the court.

(5) In the event of:

(a) no person being appointed within the time prescribed in the proviso to paragraph (1) of this regulation; or

(b) no person being nominated within the time prescribed in paragraph (4) of this regulation; or

(c) any person nominated or appointed under this regulation failing to accept such nomination or appointment or failing to assume the responsibilities inherent in such nomination or appointment within a period of three months from the death of the licensee; or

(d) no successor being acceptable to the committee,

the holding shall be deemed to have been vacated, the licence in respect of such holding shall terminate, and a fresh licence may be granted in accordance with regulations 5 and 6 of this regulation.

(6) In the event of a holding being deemed to have been vacated in terms of paragraph (5) of this regulation:

(a) the manager may make provision for the cultivation of any such holding and where appropriate recover the costs from the incoming licensee; and

(b) in accordance with regulation 23 of these Regulations reasonable compensation may be paid to the authorized dependant of a licensee in respect of any improvement to the holding effected by the licensee.

V - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

8.... (3) Any licensee who refuses, or without reasonable excuse fails, to comply with any of the conditions of this regulation shall, in addition to any penalty that may be imposed under paragraph (2) of this regulation, be liable to have his licence terminated by the Minister, on the recommendation of the manager (after confirmation by the committee) and the Minister's decision shall be final.

11. (1) If a licensee is sentenced to imprisonment for a term of six months or more, his licence may be terminated forthwith.

(2) If a licence is terminated under paragraph (1) of this regulation, a successor maybe nominated or appointed in accordance with regulation 7 of these Regulations.

23. Where any licence is terminated in accordance with any of the provisions of these Regulations, a Board consisting of the manager and one representative of both the outgoing and the incoming licensees, shall assess the amount, if any, due to the outgoing licensee or his dependants in respect of capital and labour expended by him in improving the holding, and the manager shall make arrangements for the payment of such amount by the incoming licensee within such time as the manager considers reasonable.

25. Subject to the provisions of regulations 7, 8, 11 and 22 of these Regulations, every licence shall be valid for a period of one year and from year to year thereafter, but may be terminated at any time:

(a) by the licensee giving to the manager six months' notice in writing of his intention to surrender his licence;

(b) by the manager, on instruction of the Minister, giving to the licensee 12 months' notice in writing of his intention to terminate the licence.

VI - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

First Schedule - Licence to Occupy Holding - See Appendix V, page 397.

2.2 Distribution and Use of Project Water

Criteria may be prescribed to regulate the delivery of project water to users through the main, i.e., primary and secondary, system canals, and for the corollary power to stop the flow of water under given circumstances (I). In addition, a mechanism may be provided to settle disputes among water users as to the distribution of irrigation water (II). Increasingly, the delivery of irrigation water is arranged and regulated by contract, or an equivalent instrument, between the end-user and a commercial or non-commercial service provider. Subsidiary legislation may regulate the kind of contractual instrument, and the service provider’s power to stop delivery (III).

I - NEPAL - Irrigation Regulation, 1989

2.4 Water Distribution System:

2.4.1 While distributing water for irrigation, the Irrigation Officer shall, by taking into account the following matters and the advice of Water Users Association Coordination Committee constituted under Rule 3.5 and concerned Agriculture office distribute it to the Water User on a rotational basis.

2.4.1.1 Area of the land
2.4.1.2 Types of crops to be grown in the land
2.4.1.3 Nature of soil of the land
2.4.1.4 Quantity of water available in the Canal, and
2.4.1.5 Condition of Canal or other irrigational structure.

2.5 Distribution of Water may be Stopped:

2.5.1The Irrigation Officer may stop the distribution of water under the following circumstances:

2.5.1.1 If it is impossible to repair, maintain or improve the condition of the Canal or other irrigational structure without stopping the flow of water in the Canal or other irrigational structure.

2.5.1.2 If it is impossible to do any public construction work without stopping the flow of water in the Canal or other irrigation structure.

2.5.1.3 To such person, who does not pay water charges or acts in contravention of this Regulation.

2.5.1.4 In case where the Canal or any other irrigational structure have been damaged or likely to be damaged.

2.5.1.5 In case where a person or an animal falls or dies in the Canal.

2.5.2 In case where the distribution of water is required to be stopped due to the occurrence of a situation referred to in sub-rule 2.5.1.1 or 2.5.1.2, the Irrigation Officer shall notify in writing, at least fifteen days in advance, the concerned panchayat, water users group and the concerned Agriculture office, so that the information could reach to the Water User.

II - NEPAL - Irrigation Regulation, 1989

2.8 Complaint may be Given:

In making proper distribution and use of water if any Water Users Group gives trouble to a Water User within that area, the concerned Water User may lodge a complaint to the Irrigation Officer and the decision of the Irrigation Officer on such complaint shall be final.

III - CANADA - ALBERTA - Irrigation Districts Act, 2000

13. Stoppage of water delivery

(1) A district may stop the delivery of water to a parcel if the district is of the opinion

(a) that any further delivery of water may exceed the amount prescribed by bylaw, or

(b) the owner or lessee of the parcel has used or is using the water delivered by the district in a manner that is causing or may cause loss or damage to property or loss or injury to any person.

(2) A district may stop the delivery of water to a parcel subject to an annual agreement or terminable agreement if the district is of the opinion that it may not be able to deliver sufficient water to the irrigation acres of the district or to the irrigation acres in a portion of the district.

(3) If a district stops the delivery of water to a parcel under subsection (2), it must do so in the following order:

(a) first, acres in a parcel subject to an annual agreement;
(b) second, acres in a parcel subject to a terminable agreement.

(4) If a district intends to stop the delivery of water under this section, it must provide written notice to the owner or lessee of the parcel at least 24 hours before the delivery of water is stopped.

15. Agreements

Where a district enters into an agreement for a purpose specified in section 16, 17, 19, 19.1, 20 or 21, the district must do so in accordance with that section.

16. Annual agreement

(1) An owner or lessee of a parcel may apply to the district to enter into an annual agreement.

(2) An annual agreement authorizes the delivery of water through the irrigation works of the district to that parcel for irrigation purposes.

(3) An annual agreement is subject to the following:

(a) that the parcel that is the subject of the agreement is assessed in accordance with section 95;

(b) that the lessee of a parcel, if any, obtains the consent of the owner;

(c) that the acres that are the subject of the agreement are added to the assessment roll;

(d) that the agreement expires at the end of the calendar year;

(e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires.

17. Terminable agreements

(1) An owner or lessee of a parcel may apply to the district to enter into a terminable agreement with the district.

(2) A terminable agreement authorizes the delivery of water through the irrigation works of the district to that parcel for irrigation purposes.

(3) A terminable agreement is subject to the following:

(a) that the parcel that is the subject of the agreement is assessed in accordance with section 95;

(b) that the lessee of the parcel, if any, obtains the consent of the owner;

(c) that the acres that are the subject of the agreement are added to the assessment roll;

(d) that the agreement provides that it is terminable at the option of either party on the giving of notice before March 1 in a calendar year;

(e) that the acres that are the subject of the agreement are deleted from the assessment roll when the agreement expires or notice is given in accordance with clause (d).

19. Household purposes agreements

(1) An owner or lessee of a parcel may apply to the district to enter into a household purposes agreement with the district.

(2) A household purposes agreement authorizes the delivery of water through the irrigation works of the district for household purposes.

(3) A household purposes agreement is subject to the following:

(a) that a lessee of a parcel, if any, obtains the consent of the owner;

(b) that the agreement provides that it is terminable at the option of either party on giving at least 60 days' notice of termination.

(4) Water delivered to a parcel with irrigation acres may be used for household purposes on the same parcel without a household purposes agreement.

19.1. Rural water use agreements

(1) An owner or lessee of a parcel may apply to the district to enter into a rural water use agreement with the district.

(2) A rural water use agreement authorizes the delivery of water through the irrigation works of the district for rural water use.

(3) A rural water use agreement is subject to the following:

(a) that a lessee of a parcel, if any, obtains the consent of the owner,

(b) that the agreement provides that it is terminable at the option of either party on the giving of notice before March 1 in a calendar year, and

(c) that the agreement specifies the maximum volume of water to be delivered per year.

(4) The volume of water specified in an agreement under this section may not exceed 25 000 cubic metres.

20. Use of irrigation works agreements

(1) In this section and section 21, "person" includes an individual or group of individuals, a partnership, a trust, a body corporate as defined in section 36(1) or a government.

(2) Any person may enter into a use of irrigation works agreement with a district.

(3) A use of irrigation works agreement authorizes the use of the irrigation works for purposes other than the delivery or removal of water.

(4) If the use of irrigation works agreement is with an owner of a parcel, the parcel must be contiguous to, or have passing through it,

(a) irrigation works of the district, or

(b) a natural water body, watercourse or reservoir fed by water diverted by means of irrigation works of the district.

(5) A use of irrigation works agreement under subsection (4) may include terms and conditions allowing the owner of the parcel to construct works specified in the agreement on the property of the district.

(6) When a use of irrigation works agreement is entered into under subsection (4), the manager must file with the Registrar of Land Titles a notice that the parcel is subject to a use of irrigation works agreement.

(7) On receiving a notice under subsection (6), the Registrar of Land Titles must endorse on the certificate of title to the land affected by the agreement a notice that the land is subject to a use of irrigation works agreement.

(8) If a use of irrigation works agreement under subsection (4) is terminated for any reason, the manager must notify the Registrar of Land Titles that the parcel is no longer subject to a use of irrigation works agreement.

(9) On receiving a notice under subsection (8), the Registrar of Land Titles must cancel the endorsement on the certificate of title made under subsection (7).

21. Water conveyance agreements

(1) Any person may apply to enter into a water conveyance agreement with the district.

(2) A water conveyance agreement may authorize

(a) the delivery of water through the irrigation works of the district to an area for a purpose other than

(i) the irrigation of irrigation acres recorded on the assessment roll of the district,
(ii) the irrigation of acres included in an alternate parcel irrigation agreement,
(iii) rural water use, or
(iv) household purposes,
(a.1) the delivery of water through the irrigation works of the district for any purpose specified in a water licence issued under the Water Act, or

(b) the removal of drainage water, stormwater or wastewater from an area.

(3) If a district refuses to enter into a water conveyance agreement, the district must give written notice to the applicant within 90 days from the application.

(4) If a district fails to give written notice or fails to enter into an agreement within the time prescribed in subsection (3), the district is deemed to have refused to enter into a water conveyance agreement.

(5) A written notice under subsection (3) must contain a statement of the right to appeal to the Council under section 167(1)(b)(iii).

(6) If a water conveyance agreement is entered into under this section, the district must not deliver or remove water under the agreement until the other party to the agreement has complied with the requirements, if any, of the Water Act, the Environmental Protection and Enhancement Act and the regulations under those Acts.

2.3 Protection and Maintenance of Irrigation Infrastructure

Legislation may restrict the doing of things which jeopardize the safety of the canals and, generally, of the project infrastructure (I). Maintenance of system works by project beneficiaries may be a standard condition of a licence to occupy irrigated land (II), in addition to being the subject of emergency authority vested in properly empowered government officials (III and IV).

I - NEPAL - Irrigation Regulation, 1989

4.1 Some Activities may be Prohibited for the Security of Canal or any other Irrigational Structure

4.1.1 The Irrigation Officer may, for the security of Canal or any other irrigational structure and to prevent the theft of water, misuse or unauthorized use of water prohibit any person other than the person authorized by him from doing any one or all of the following works.

4.1.1.1 To enter into or to use, in any way, the land acquired for the construction of Canal or any other irrigational structure or the land ancillary to the Canal or any other irrigation structure.

4.1.1.2 To demolish, to obstruct or to bring change in the Canal or any other irrigational structure by any means.

4.1.1.3 To increase or decrease or change in anyway, the flow of water in a Canal or any other irrigational structure.

4.1.1.4 To pollute the water of a Canal or any other irrigational structure.

4.1.1.5 To destroy or misplace any sign or mark posted by the Irrigation Office.

4.1.1.6 To handle, destroy or misplace any machine or a part of it used in controlling the flow of water of a Canal or any other irrigational structure.

4.1.1.7 To drive, graze or leave astray any cattle in the area as prohibited by the Irrigation Officer.

4.1.1.8 To drive vehicle in the prohibited Irrigation Areas.

Provided that the Irrigation Officer may grant permission to drive a vehicle without causing any harm to the Irrigation Area, on payment of the fee as prescribed by concerned Irrigation Office.

4.1.1.9 To cut, uproot or destroy in any way, any vegetation within the land covered by Canal or any other irrigational structure.

4.1.1.10 To cut the banks of the Canal or to change the course of in-let or outlet of any Canal or any other irrigational structure or to attempt to do so.

4.1.1.11 To do or to attempt to do anything which adversely affects or endangers the stability of a Canal or any other irrigational structure.

4.1.1.12 To control the flow of water by obstructing the current of the river or stream with an intent to lessen the utility of a Canal or any other irrigational structure.

4.1.1.13 To encroach a river, stream, fountain, pond or any part thereof where water flows or accumulates naturally, with an intent to affect adversely the irrigation system.

4.1.1.14 To pump-out without approval the water from a Canal or any other irrigational structure for irrigation purposes.

4.1.2 The Irrigation Officer shall display the notification of the prohibitions made under sub-rule 4.1.1 on the main places of concerned Irrigation Area and in the Irrigation Office for the information of the general public and a duplicate copy thereof shall be sent to the concerned Village or Town Panchayat, District Panchayat, District Office and Land Revenue office as well, for circulation and dissemination.

4.1.3 The Irrigation Officer may, as required, waive any of the prohibitions under sub-rule 4.1.1 by making necessary arrangements for the operation of Canal or any other irrigational structure built for the purpose of irrigation.

II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

8. (1)...

(d) a licensee shall maintain to the satisfaction of the manager all irrigation channels and works on or serving his holding;...

III - NEPAL - Irrigation Regulation, 1989

4.2 Emergency Repair and Maintenance be Made:

4.2.1 In case there is a probability of obstruction in irrigation or a possibility of a heavy public loss due to accidental demolition, damage or destruction in any way, of the dam, canal, branch canal, tertiary canal, field channel or any other irrigational structures which warrant immediate maintenance work and if prior approval is not possible for such maintenance due to the lack of time, the concerned Irrigation Officer shall, pending any approval, carry on the emergency maintenance work by utilizing the available resource on condition that the necessary approval shall be taken afterwards and inform his immediate senior official as soon as possible.

Provided that the justification of such emergency maintenance work shall be clearly made in making request for the approval of such work.

4.2.2 The Irrigation Officer may ask for necessary assistance from the Water Users Group, Water Users Association, Water Users Association Co-ordination Committee or any other authority or local people in carrying out the emergency maintenance work pursuant to sub-rule 4.2.1 and it shall be the duty of all concerned to make available necessary workers including other assistance to the extent of their respective capacity, in the case of such request.

4.2.3 The labour made available by the local Panchayat, Water Users Association Coordination Committee, Water Users Association or Water Users Group pursuant to sub-rule 4.2.2 shall be paid as per the wage-rate fixed by the District Office of His Majesty's Government.

IV - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

24. The manager shall have power, in the event of any emergency, to order all licensees to undertake emergency repair work in any part of the scheme, and any licensee who refuses to obey any such order by the manager shall be guilty of an offence.

2.4 Charging for Project Water

Charging for irrigation water made available from public treasury funds, and thus recovering from water users (a) the capital outlays of construction and/or (b) the recurrent costs of operating and maintaining the project infrastructure is an issue fraught with policy and political overtones which influence the making of principal legislation and reverberate on the approach eventually adopted. For its part, subordinate legislation implements a policy decision to have users pay for project water by operationalizing the principle of liability to charges of project beneficiaries. This is accomplished by empowering the government in general or a designated official to set the rates of such charges (I), also in accordance with prescribed criteria (III), or by directly setting the rates of charges (VII). Other operational matters covered by subsidiary legislation concern the manner and frequency of payment (IV), waivers of charges due (II), collection of arrears of payment (V), and inducements to pay arrears (VI).

I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 9. (1) A licensee shall pay to the manager, on demand, such rates in respect of water and other services in respect of his holding as shall be calculated in accordance with rates prescribed by the Minister from time to time.... II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977 9.... (2) The whole or part of any rates prescribed under paragraph (1) of this regulation may be varied or remitted by the Minister, either generally or in any particular case, in his absolute discretion. III - NEPAL - Irrigation Regulation, 1989 5.1 Water charge to be paid: ... 5.1.3 The rate of water charge shall be as determined by His Majesty's Government in the case of irrigation system run by His Majesty's Government itself or run through any project, whereas in the case of irrigation system run through any Development Board, the rate of water charge shall be as determined by such Board with the approval of His Majesty's Government. In determining the water charge following matters shall also be taken into account. 5.1.3.1 Area of the land to be irrigated. 5.1.3.2 Quantity of water to be provided. 5.1.3.3 Purpose for which water is to be utilized. 5.1.3.4 Kind of water resources. 5.1.3.5 Kind of crop to be cultivated 5.1.3.6 Maintenance, repair and operation cost of the irrigation system. 5.1.3.7 The investment cost of the irrigation system.... IV - NEPAL - Irrigation Regulation, 1989 5.1 Water charge to be paid: ... 5.1.6 The amount of water charge shall be paid to the concerned Irrigation Office or deposited in the revenue account of His Majesty's Government by the Water User. Provided that, in case where the water charge has been deposited in the revenue account, the evidence of such deposit shall be submitted to the Irrigation Office within fifteen days of such deposit. 5.1.7 The Irrigation Office shall give the receipt in a format as prescribed in Schedule 1^[51] to the person who paid the water charge in the Irrigation Office and the Irrigation Office shall deposit immediately the water charge so received, in the revenue account of His Majesty's Government. 5.2 Time-Limit for the Payment of Water Charge: 5.2.1 Water charge shall be paid every year by the end of the month of Chaitra^[52]. 5.2.2 A rebate of five percent of water charge shall be granted if it is paid before the end of the month of Falgoon^[53]. 5.2.3 An extra charge of five percent shall be levied on the payment of water charge till the end of the month of Baisakh^[54] if it is not paid within the month of Chaitra. 5.2.4 An extra charge of ten percent shall be levied on the payment of water charge till the end of the month of Jestha^[55] if it is not paid within the month of Baisakh. 5.2.5 If not paid within the month of Jestha, the water charge shall be recorded as outstanding and such outstanding shall be realized in the same manner as if it were a punishment or a fine. V - NEPAL - Irrigation Regulation, 1989 6.2 Team to be Deputed for Realization: 6.2.1 The Irrigation Office shall send a team, at least once each year, to the places where the person from whom the outstanding water charge, penalty, fine, imprisonment or dues imposed pursuant to the Act and entered into the record is to be realised. 6.2.2 The local panchayat and the members of the Water Users Group shall cooperate, as required, the team sent pursuant to sub-rule 6.2.1 in the work of making realizations. Such team may, as required, take the help of local administration and police and it shall be the duty of local administration and police to render such help. 6.2.3 The members of the team so deputed for the purpose of making realizations pursuant to sub-rule 6.2.1 shall get a reward of an amount equivalent to ten percent of the amount realized by them including their daily and travelling allowances. 6.3 To be Realized as Government Dues: The outstanding penalty, fine or water charge imposed under the Act shall be realized by the Irrigation Officer as government dues. VI - NEPAL - Irrigation Regulation, 1989 8.3 Discount May be Granted for Paying the Arrears: 8.3.1 The concerned Irrigation Office may issue a notification for paying water charge or any other outstanding amount remaining due before the commencement of this Regulation. 8.3.2 In case a person, who pays the outstanding water charge or any other outstanding amount within the prescribed time-limit as prescribed in the notification issued pursuant to sub-rule 8.3.1, His Majesty's Government may give a discount at ten percent on such amount. 8.3.3 In case where a Water Users Group assists in realizing the arrears as mentioned in sub-rule 8.3.1, an amount equivalent to twenty-five percent of the realized arrears shall be given to such Water Users Group. VII - AUSTRALIA - QUEENSLAND - Water Resources (Rates and Charges) Regulation, 1992 Schedule 1 - Water Charges 9. Burdekin River irrigation area or project (1) In these areas, the water year ends on 30 June. (2) The minimum annual account fee is: (a) for water from a channel: $354; and (b) for surface water: $177; and (c) for ground water: $88.50. (3) The following charges apply for water: (a) from a channel or regulated drain: (i) connected to Barratta Main Channel: (A) $4.13 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation; and (ii) other than from a channel or drain connected to the Barratta Main Channel: (A) $3 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation; (b) from a diversion from unregulated drains: $9.70 for each ML taken, up to the announced allocation; (c) from a regulated section of the Burdekin River: (i) $2 for each ML of granted nominal allocation; and (ii) $10.30 for each ML taken, up to the announced allocation; (d) from the Giru ground water area or a watercourse supplemented from Haughton main channel: (i) $3 for each ML of granted nominal allocation; and (ii) for a water allocation first issued before 1 March 1995: $16.40 for each ML taken, up to the announced allocation; and (iii) for a water allocation first issued on or after 1 March 1995L: $35.80 for each ML taken, up to the announced allocation; (e) from Glady’s Lagoon: (i) up to natural yield: nil; and (ii) other than from natural yield: (A) $3 for each ML of granted nominal allocation; and (B) $35.80 for each ML taken, up to the announced allocation. (4) An annual charge of $400 for each bore from which ground water is taken applies for the supply of water up to the announced allocation from the Burdekin ground water area. (5) The following charges apply for each ML of water taken over the announced allocation: (a) from a channel or from a watercourse supplemented from a channel: $68.80; (b) from a regulated section of the Burdekin River: $42.30; (c) from a diversion from unregulated drains: $39.70; (d) from the Giru ground water area: $68.80; (e) from the Burdekin ground water area: $30. Schedule 2 - Nominal Allocation Charges 5. Burdekin River Irrigation Area or Project
(1) For supply from a channel, regulated drain, the Giru ground water area or a watercourse supplemented from a channel	250.00
(2) For supply from a regulated section of the Burdekin River	100.00
(3) For supply from ground water in the Burdekin Ground Water Area to a holding not having access to supply from a channel system or a regulated section of a watercourse	100.00
(4) For supply from ground water in the Burdekin Ground Water Area to a holding having access to supply from a channel system or a regulated section of a watercourse	nil

2.5 Law Enforcement

Subsidiary legislation may penalize violations of regulatory prescriptions (I), and it may provide designated government officials with authority to prescribe or take action to stop such violations or to remedy their consequences (II) or of the negligence of project beneficiaries in connection with the use of irrigated land and the water which goes with it (III).

I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

26. Any person who:

(a) unlawfully interferes with the flow of irrigation water in canals or the opening or closing of control gates within the area;

(b) makes unlawful use of irrigation water by taking irrigation water out of turn or otherwise;

(c) refuses to permit the authorized passage of irrigation water across his holding;

(d) wilfully damages or obstructs canals or control works; or

(e) refuses to accept or drain off irrigation water when required to do so, shall be guilty of an offence.

27. (1) Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment.

(2) Where any person is convicted of an offence under regulation 4¹, regulation 14(4)² or regulation 22(7) of these Regulations³, the court may, in addition to any penalty which it may impose, authorize any administrative officer or police officer to cause such person, together with his dependants and property, if any, to be removed from the scheme.

II - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

12. The manager shall have power to order the destruction of any crops planted in contravention of his instructions or of the provisions of these Regulations and to recover the expenses incurred from the licensee. No compensation shall be payable in respect of crops so destroyed.

16.... (2) A licensee who fails to comply with the provisions of paragraph (1) of this regulation, or with any instructions issued by the manager thereunder, shall be guilty of an offence and where any additional undeclared stock is found in the possession of a licensee within the scheme, the manager may order a licensee to remove such additional stock from the scheme forthwith.

(3) If a licensee fails to remove his additional stock in accordance with an order to that effect given by the manager under paragraph (2) of this regulation, the manager may confiscate and sell such additional stock, paying the proceeds thereof, less any expenses incurred by such confiscation and sale, to the licensee.

22. (1) Where the manager is satisfied that a licensee has failed to comply with any of the provisions of these Regulations or with any instructions given thereunder or under any other law for the time being in force, he may serve a notice in writing on the licensee requiring him to comply with the said provisions, instructions or regulations within such time as is specified in the notice.

(2) If the licensee fails within such time to comply with the requirements of such notice, the manager may, by notice in writing, call upon the licensee to show good cause, by a date specified in the notice, why his licence should not be terminated.

(3) If the licensee fails to show good cause as aforesaid to the satisfaction of the manager, the manager may, with the approval of the committee, give notice in writing to the licensee requiring him to remove himself, his dependants and his stock from the scheme within a period specified in such notice.

(4) A licensee who is given notice under paragraph (3) of this regulation may, within twenty-eight days of such notice, appeal in writing to the Minister whose decision shall be final.

(5) If there is no appeal, the licence shall be deemed to have terminated on the date specified in the notice.

(6) If there is an unsuccessful appeal, the licence shall terminate on such date as the Minister may specify.

(7) Any person whose licence has been terminated under this regulation and who fails to comply with the terms of the notice given him shall be guilty of an offence.

III - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

17. (1) If, in the opinion of the manager, a licensee has been negligent in the use of his land, the use of irrigation water or the cultivation of his crops, the manager may direct him to take such steps as the manager may specify to remedy the effects of such negligence, and, in the event of a licensee failing to comply with any such directions, the manager may take such measures as he considers necessary to safeguard the crop and to preserve the holding and irrigation water, and may recover the costs of any such measures from the licensee.

(2) If a licensee is absent owing to illness or any other reason, the manager may take such measures as he considers necessary to safeguard the crop and to preserve the holding and irrigation water and may recover the costs of any such measures from the licensee.

3. WATER USERS' GROUPS

Water users' groups play a very significant role in the management of water resources at field level in many parts of the world, particularly insofar as the distribution and use of irrigation water is concerned. Users' groups function in a variety of capacities, ranging from advisory to managerial and from coordinating to quasi-judicial. In principle, water users' groups can be formed and function under general legislation governing the associations of individuals. However, in view of their importance as an adjunct to policies aimed at mobilizing users' initiative and devolving to them selected governmental responsibilities particularly in the field of irrigation water management, the formation and functioning of water users' groups in general and of irrigation water users' groups in particular tend to be governed by specific legislation. In particular, as in the examples below, subordinate legislation provides rules for the formation, membership structure and functioning of groups, including in particular, a model internal statute (III).

I - KENYA - Irrigation (National Irrigation Schemes) Regulations, 1977

3. (1) The Minister may appoint a committee for any scheme, such committee to be known as an irrigation committee, to be responsible for advising the manager on the general administration of the scheme in accordance with government policy.

(2) Such committee may either be the District Agricultural Committee of the district in which the scheme is situated or may be composed of such members as the Minister may appoint.

II - NEPAL - Irrigation Regulation, 1989

3.1 Formation of Water Users Group:

3.1.1 In order to provide irrigation facilities and to manage the distribution system of water, the Irrigation Officer shall, on the basis of the physical setting and extent of irrigation facilities, divide the Irrigation Area into various blocks. A water users group consisting of persons selected among themselves by the Water Users, shall be constituted for each such block of the Irrigation Area.

3.1.2 In a Water Users Group there shall be five members including one representative from Irrigation Office. The person selected by the members from among themselves shall be the chief of the Water Users Group.

3.1.3 The working procedure of the Water Users Group shall be as determined by the members of the Water Users Group.

3.2 Functions, Duties and Powers of Water Users Group:

3.2.1 The functions, duties and powers of Water Users Group shall be as follows:

3.2.1.1 To construct, operate and maintain watercourse, channel and field channel.

3.2.1.2 To assist in the distribution of water to the land according to the cropping pattern and to arrange water for Water Users.

3.2.1.3 To assist in the realization of water charges.

3.2.1.4 To recommend, if needed, to take out the non-irrigated land from the list of the irrigated land.

3.2.1.5 To inform the Irrigation Officer, Water Users Association Coordination Committee and the concerned Water Users Association of any obstruction caused by any body in the implementation of this Regulation or of any work done by an individual in contravention of this Regulation.

3.2.1.6 To solve the problem arising between the Water Users within its area concerning the distribution of water.

3.2.1.7 To assist the person interested to construct new channel for irrigation in procuring land for constructing field channel.

3.2.2 The Water Users Group may give necessary directions to the Water Users within its area on the utilization of water for irrigation purposes. It shall be the duty of each Water User to abide by such directions.

3.3 Formation of Water Users Association:

3.3.1 A Water Users Association maybe formed in the area to be irrigated by every branch canal or in the absence of branch canal by the main canal, within the irrigation Area.

3.3.2 A Water Users Association consisting of a chairman, a secretary, at least two members selected from among themselves by the chiefs of all the Water Users Groups constituted within the area pursuant to sub-rule 3.3.1^[56] and a representative of Irrigation Office, shall be formed.

3.3.3 The working procedure of the Water Users Association shall be as determined by the Association itself.

3.3.4 One or more Water Users Associations may be formed within an Irrigation Area depending on its physical setting and extension.

3.4 Functions, Duties and Powers of Water Users Association:

3.4.1The functions, duties and powers of the Water Users Association shall be as follows:

3.4.1.1 To coordinate different Water Users Groups within its Irrigation Area.

3.4.1.2 To recommend the Irrigation Officer regarding the distribution of water available for irrigation.

3.4.1.3 To do necessary repair and maintenance work of the tertiary or branch canal or sub-branch canal concerned with two or more than two Water Users Group and to mobilize people's participation for such work by making available the technical and other assistance from the Irrigation Office.

3.4.1.4 To initiate necessary work in conjunction with Irrigation Office for the dependable and appropriate irrigation system within its area.

3.4.1.5 To solve the problem arising between Water Users Groups within its area concerning the distribution of water.

3.4.1.6 To cause the auditing of the accounts of the Water Users Group and review its income and expenditure.

3.4.2 The Water Users Association may give necessary direction and advice to the Water Users Groups within its area in connection with the use of water to be distributed for irrigation. It shall be the duty of the Water Users Groups to abide by such directions and advice.

3.5 Formation of Water Users Association Coordination Committee and its Functions, Duties and Powers:

3.5.1 In case where there are more than three Water Users Associations within an Irrigation Area, a Water Users Coordination Committee having the chairman of each Water Users Association as member of the Committee, shall be formed.

3.5.2 One member, selected by the members of the Water Users Association Coordination Committee, to be formed pursuant to sub-rule 3.5.1, shall be the chairman and one other member so selected shall be the Member Secretary of the committee. One representative of the Irrigation Office shall also be included in the committee as its member.

3.5.3 In case where there are only up to three Water Users Associations within one Irrigation Area the Water Users Associations shall from among themselves designate one Association to work as the Water Users Associations Coordination Committee.

3.5.4 The working procedure of the Water Users Association Co-ordination Committee shall be as determined by the committee itself.

3.5.5 The Functions, Duties and Powers of the Water Users Association Co-ordination Committee shall be as follows:

3.5.5.1 To co-ordinate between different Water Users Association.

3.5.5.2 To advise the Irrigation Officer with respect to the distribution of Water for Irrigation to the Water Users.

3.5.5.3 To solve the problem arising between Water Users Association relating to the distribution of water within the Irrigation Area.

3.5.6 The Water Users Association Co-ordination Committee may from time to time, give necessary directions to the Water Users Associations within its area and it shall be the duty of Water Users Association to abide by these directions.

III - SOUTH AFRICA - National Water Act, 1998

Schedule 5: Model Constitution Of Water User Association

1. Name of Association

[Sections 91(1)(f), 93(1) and 94(2)]
The name of the Association is [specify the name] (hereinafter referred to as "the Association").

2. Application of the National Water Act of 1998 to the constitution

This constitution is subject to Chapter 8 of the National Water Act of 1998 (hereafter referred to as the Act) and Schedule 4 to the Act.

3. Objects of the Association

The objects of the Association are:
[briefly describe the objects]

4. Principal functions of the Association

The principal functions to be performed by the Association in its area of operation are:

[Note: The following are options. Others may be proposed. Choose and number your options.]

¨ To prevent water from any water resource being wasted.
¨ To protect water resources.
¨ To prevent any unlawful water use.
¨ To remove or arrange to remove any obstruction unlawfully placed in a watercourse.
¨ To prevent any unlawful act likely to reduce the quality of water in any water resource.
¨ To exercise general supervision over water resources.
¨ To regulate the flow of any watercourse by --

clearing its channel;

reducing the risk of damage to the land in the event of floods;

changing a watercourse back to its previous course where it has been altered through natural causes.

¨ To investigate and record --

the quantity of water at different levels of flow in a watercourse;

the times when; and

the places where water may be used by any person entitled to use water from a water resource.

¨ To construct, purchase or otherwise acquire, control, operate and maintain waterworks considered to be necessary for --

draining land; and

supplying water to land for irrigation or other purposes.

¨ To supervise and regulate the distribution and use of water from a water resource according to the relevant water use, by erecting and maintaining devices for --

measuring and dividing; or

controlling the diversion of the flow of water.

5. Ancillary functions of Associations

1) The Association may perform functions other than its principal functions only if it is not likely --

a) to limit the Association's capacity to perform its principal functions; and
b) to be to the financial prejudice of itself or its members.

2) Other functions of the Association may include:

[Note: The following are options. Others may be proposed. Choose and number your options.]

* Providing management services, training and other support services to--

a) water services institutions; and
b) rural communities.

* Providing catchment management services to or on behalf of responsible authorities.

6. Founding members

1) The founding members of the Association are the members whose names appear in Annexure 1 of this constitution and who have been authorised by the proposed participants to act on their behalf in establishing the Association.

2) The founding members will, for purposes of arranging the first election of members of the Management Committee, be considered to be the Management Committee of the Association with powers and duties limited to arranging the election in accordance with this constitution.

7. Membership of the Association

1) The first members of the Association are the persons who, during the consultation process, indicated their willingness to become members of the Association and whose names appear in Annexure 2 of this constitution.

2) Application for new membership of the Association must be addressed to the Management Committee which must, at a meeting of the Committee, consider an application and approve it unless there is good reason to refuse it.

3) An association must allow a person to become a member of the Association if directed by the Minister to do so.

4) A member may only resign as a member of the Association with the approval of the Management Committee, which may not unreasonably withhold its approval.

[Note: A reason for not accepting a resignation would be, for example, if the resignation would detrimentally affect the Association's ability to meet its financial commitments in respect of infrastructure provided to serve the member concerned.]

8. Register of members

All members must communicate their addresses from time to time to the person acting as secretary of the Association, who must keep a register of the names of members and of their addresses.

9. Rights of members

1) Membership of the Association does not give any member a right to any of the moneys, property or assets of the Association, but only gives members the privileges of membership, subject to such charges and reasonable restrictions as are imposed by the Management Committee from time to time.

2) A member whose application for membership has been approved is bound by the constitution and rules of the Association which are then in force or as they are subsequently amended.

10. Liability of members

The liability of members is limited to the amount of unpaid charges and interest thereon owing by them to the Association. ...

IV - PAKISTAN - The Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 1999

2. Definitions

In these Rules, unless there is anything repugnant in the subject or context

(1) "Act" means the Punjab Irrigation and Drainage Authority Act, 1997.

(2) "Area Water Board" means an Area Water Board established under Section 14 of the Punjab Irrigation and Drainage Authority Act, 1997....

(5) "Farmer" means a person who is directly engaged in agriculture and is paying Occupier's rate under the Canal & Drainage Act, 1873.

(6) "Farmers Organization" means a Farmers Organization established under Section 14 of the Punjab Irrigation and Drainage Authority Act,

1997.

3. Farmers Organizations

(1) A Farmers Organization may be formed on a distributary or a dam:

Provided that, in special cases, a Farmers Organization may be formed with the approval of the Authority on a part of a distributary.

(2) A Farmers Organization may form Sub-Farmers Organizations on a part of a distributary, a minor, a sub-minor, a group of water-courses or direct outlets within the area of a Farmers Organization established under sub rule (1).

(3) The Authority shall, as soon as may be, take steps for the formation of Farmers Organizations in such areas where an Area Water Board has been established:

Provided that Farmers Organizations may be formed, with the approval of the Authority, in such areas where no Area Water Board has been established.

(4) In the exercise of powers under this Rule, due regard shall be had to all factors relevant to the formation of Farmers Organization, such as topography, water demand, socio-economic aspects, technical feasibility and size of the irrigation system.

4. Membership

(1) The membership of a Farmers Organization shall be available to all Farmers without any discrimination on the basis of sex, caste, religion and place of birth.

(2) A Farmers Organization shall comprise members equal to number of water-courses in the area constituting the Farmers Organization. The Farmers of each water-course shall elect one such member from amongst themselves.

(3) If a question arises as to the eligibility of a person to become a member of a farmers organization, it shall be decided by the Authority or a person authorized by the Authority.

5. Constitution Of Farmers Organization

(1) A Farmers Organization shall comprise a 'General Body' and a "Management Committee".

(2) The General Body of a Farmers Organization shall comprise the members of the Farmers Organization mentioned in sub rule (2) of Rule 4 above.

(3) The Management Committee, of a Farmers Organization shall comprise such office bearers of the Farmers Organization as may be prescribed by the Authority.

(4) The Management Committee shall perform the functions and exercise the powers of a Farmers Organization except such functions and powers as are exercisable by the General Body of the Farmers Organization.

(5) The Management Committee shall be elected for a period of three years by the General Body of the Farmers Organization in accordance with the Regulations.

(6) A person shall be disqualified to be elected as an office bearer of the Management Committee if he -

(i) is below the age of 18 years on the date of his nomination;

(ii) has not paid his Water Charges within a period of three months after these charges become due for payment;

(iii) has been declared insolvent;

(iv) has ceased to be a member of the Farmers Organization;

(v) is of unsound mind;

(vi) has been convicted of an offence which involves moral turpitude unless a period of 3 years has elapsed from the date of his conviction; or

(vii) has been dismissed or removed from any public service unless a period of three years has elapsed since the said dismissal or removal.

13. Functions of Farmers Organizations

Subject to the overall control of the Authority and, where an Area Water Board has been established, the Authority and the Area Water Board, a Farmers Organization formed and registered under these Rules may perform all or any of the following functions:

(1) Manage, operate, and maintain the irrigation infrastructure including any hydraulic structures located on it, for which it has been established.

(2) Obtain irrigation water supplies from the Authority or concerned Area Water Board at its head regulator, and pay the agreed amount to the Area Water Board concerned or the Authority in the manner agreed between the Farmers Organization and the Area Water Board concerned, or between the Farmers Organization concerned and the Authority.

(3) Supply the irrigation water equitably and efficiently to the Farmers and other water users within its area.

(4) Assess the water rates and other irrigation related charges to be collected from the water users.

(5) Collect the water rates and other dues, fees and charges from the persons liable to pay them.

(6) Levy and collect charges for additional services rendered by the Farmers Organization.

(7) Collect surcharge from water users and drainage beneficiaries in case of default in payment of their dues.

(8) Settle water disputes relating to the Farmers or other water users of the area.

(9) Any other duty, function or responsibility which is incidental to or implied in the duties, functions, and responsibilities of the Farmers Organization.

15. Powers of Farmers Organizations

(1) Subject to Rules 13 and 14, a Farmers Organization may exercise all powers which may be necessary and proper for the performance of functions entrusted to it.

(2) Without prejudice to the generality of the provisions of sub rule (1), a Farmers Organization may exercise the powers and authority of a Divisional Canal Officer under the Canal and Drainage Act 1873 and any officer subordinate to him.

(3) In the performance of its duties and functions entrusted to it under Rule 13 and Rule 14, a Farmers Organization may -

(a) acquire, hold or dispose of movable property which is reasonably required for the carrying out of its functions.

(b) enter into contracts in all matter relevant to its functions, duties and responsibilities.

(c) engage, hire or employ such experts, advisors, consultants and other personnel, as may be necessary for the performance of its functions.

(4) The Authority shall include in the Scheme mentioned in sub-rule (2) of Rule 14, the functions entrusted to the Farmers Organizations under Rules 13 and 14.

V - PAKISTAN - PUNJAB - Farmers Organizations - Conduct of Business Regulations, 1999

3. Rights of the Farmers

A Farmer operating within the limits of a Farmers Organization shall have the right to

(1) equitable share of water as per distribution criteria;

(2) contest elections as per Rules/Regulations etc;

(3) elect the representative of the Water Course;

(4) have access to all the records of the Farmers Organization;

(5) have access to all the services provided by the Farmers Organization if he is entitled to such services;

(6) make representations and complaints which shall be promptly attended to by the Management Committee.

4. Obligations of Farmers etc.

A Farmer shall;

(1) pay all water rates, charges and other dues as determined under the law;

(2) provide his contribution for the maintenance or improvement of the water channels or drains;

(3) participate in the activities of the Farmers Organization;

(4) obey and observe all the provisions of the Act, Rules and Regulations;

(5) inform the Managing Committee about the damage to the water channel, violations of water schedule, incorrect assessment, water thefts, etc;

(6) allow inspection of his land, crops and irrigation system;

(7) maintain his water channel so as to ensure the proper supply of water to other water users; and

(8) obey and observe the lawful decisions of the Farmers Organization.

5. Duties and Responsibilities of the Farmers Organizations:

A Farmer Organization shall:

(1) faithfully observe and implement the provisions of the Act, Rules, Regulations and its Bye-Laws;

(2) perform the functions assigned to it in good faith, and diligently, efficiently and to promote the public interest;

(3) ensure that all Farmers get due share of water and make timely payments of their dues.

^[51] Omitted.
^[52] Corresponding to March-April.
^[53] Corresponding to February-March.
^[54] Corresponding to April-May.
^[55] Corresponding to May-June.
^[56] Sic. Perhaps the reference should be to sub-rule 3.1.1.