Irrigation (General) Regulations, 2021 (L.N. No, 199 of 2021).
Country
Type of law
Regulation
Abstract
These Regulations, made by the Cabinet Secretary for Water, Sanitation and Irrigation under the Irrigation Act 2019, contain provisions to implement and make operational the Act with reference to the Irrigation Policy 2017, the Constitution, other laws of Kenya and international instruments. The 118 regulations are divided into 9 Parts: Preliminary Provisions (I); Irrigation Development (II); Licensing of Schemes (III); Management of Irrigation Schemes (IV); Irrigation Standards and Quality Control (V); Irrigation Research, Innovation and Training (VI); Financing Irrigation Development (VII); Monitoring, Performance Audit and Reporting (VIII); Miscellaneous Provisions (IX).
Regulation 5 requires all irrigation development shall be undertaken within the context of a national irrigation master plan, county irrigation master plan, investment plan and respective strategic plans to support sustainable food security and socio-economic development of the country. It also sets out other principles for irrigation development, notably participatory development, climate change resilience measures and integration of ecosystem services. Regulation 6 requires all irrigation schemes to have a supervising entity. Where the Authority is the implementing agency, the Cabinet Secretary shall take up the supervisory roles and where a government agency is implementing a strategic irrigation project or programme on public land or a community-based project, the agency shall comply with the provisions of these Regulations. Part II is further about designation of irrigation scheme areas, establishment a national scheme, public scheme or strategic scheme of any category for purposes of the Act and criteria for such schemes, use of water and use of recycled waste water subject to meeting water quality standards set out in Part A and Part B of the Second Schedule, procedures for and approval of irrigation schemes, regulation of irrigation service providers, definition of irrigation services, establishment of County Irrigation Development Units.
Part III is about irrigation licences needed for irrigation schemes. A person or entity shall not operate an irrigation scheme without obtaining an irrigation licence except where irrigation is undertaken at household level for subsistence purposes, and is done by use of manual water abstraction and application. Any association intending to or currently undertaking irrigation development and management within a public scheme meant for settlement shall obtain an irrigation licence. A Licensing Unit shall be established (reg. 21). Part III is also about monitoring of compliance with any conditions of a licence and other provisions of these Regulations and a register of licences.
Part IV is about management of schemes. It shall be based on principles set out in these Regulations and shall be through continuous adoption and application of best practices in sector planning, coordination and financing. National and county irrigation schemes shall be managed through scheme management committees, Dispute Resolution Committees and irrigation water users’ associations. Functions of scheme management committees are defined. Every scheme management committee shall constitute a land administration sub-committee and such other special purpose subcommittees for the proper performance of its functions. The Part also defines powers of the National Irrigation Authority or a County Irrigation Development Unit in respect of (prohibited) crops and use of land. Where a person resides, carries out irrigation or related business or occupies an existing national scheme or public scheme, the tenant holding a licence shall be issued with a permit to occupy the land. Such permit holder shall be a bona fide member of the registered association of the irrigation scheme (reg. 34). The Part further regulates such permits. The management of a scheme by an association shall apply to community-based smallholder schemes and public schemes meant for settlement except where the schemes are owned and managed by individual farmers (reg. 47). The Part provides rules for the formation etc. of such associations. An association of irrigation farmers may be constituted at the county level or the national level by the associations or umbrella associations. The supervising entity, in agreement with an association, may transfer the management and water use rights of the entire or part of the irrigation system in a national, public or strategic scheme meant for settlement to an association (reg. 74). the part is further about irrigation water service agreements, relationship of associations with the public administration and dispute resolution.
Part V requires any water for irrigation purposes to meet the applicable quality standards set out in Part A and Part B of the Second Schedule. There are also standards for irrigation professionals (third Schedule) and on-farm water management. The irrigation infrastructure standards for water harvesting and storage structures, applicable under these Regulations shall be based on the Practice Manual for Small Dams, Pans and Other Water Conservation Structures in Kenya, 2015, and other applicable laws. All discharge of water from irrigation schemes shall meet the quality standards as set out in Part A of the Second Schedule. Where irrigation is undertaken within or near a wildlife conservation area, the person or entity undertaking irrigation shall put in place the necessary measures to use the scheme and conserve, protect and manage the wildlife conservation area in accordance with the Wildlife Conservation and Management Act, 2013 (reg. 91). Regulation 105 is about use of agro and non-agrochemicals in irrigation schemes.
Regulation 112 requires the Cabinet Secretary to develop and maintain an irrigation and drainage management information system to perform the functions of monitoring and reporting. Any individual or entity carrying out irrigation or providing irrigation services shall be subjected to, monitoring, evaluation and performance audits by the Cabinet Secretary or a County Government in accordance with these Regulations.
Regulation 5 requires all irrigation development shall be undertaken within the context of a national irrigation master plan, county irrigation master plan, investment plan and respective strategic plans to support sustainable food security and socio-economic development of the country. It also sets out other principles for irrigation development, notably participatory development, climate change resilience measures and integration of ecosystem services. Regulation 6 requires all irrigation schemes to have a supervising entity. Where the Authority is the implementing agency, the Cabinet Secretary shall take up the supervisory roles and where a government agency is implementing a strategic irrigation project or programme on public land or a community-based project, the agency shall comply with the provisions of these Regulations. Part II is further about designation of irrigation scheme areas, establishment a national scheme, public scheme or strategic scheme of any category for purposes of the Act and criteria for such schemes, use of water and use of recycled waste water subject to meeting water quality standards set out in Part A and Part B of the Second Schedule, procedures for and approval of irrigation schemes, regulation of irrigation service providers, definition of irrigation services, establishment of County Irrigation Development Units.
Part III is about irrigation licences needed for irrigation schemes. A person or entity shall not operate an irrigation scheme without obtaining an irrigation licence except where irrigation is undertaken at household level for subsistence purposes, and is done by use of manual water abstraction and application. Any association intending to or currently undertaking irrigation development and management within a public scheme meant for settlement shall obtain an irrigation licence. A Licensing Unit shall be established (reg. 21). Part III is also about monitoring of compliance with any conditions of a licence and other provisions of these Regulations and a register of licences.
Part IV is about management of schemes. It shall be based on principles set out in these Regulations and shall be through continuous adoption and application of best practices in sector planning, coordination and financing. National and county irrigation schemes shall be managed through scheme management committees, Dispute Resolution Committees and irrigation water users’ associations. Functions of scheme management committees are defined. Every scheme management committee shall constitute a land administration sub-committee and such other special purpose subcommittees for the proper performance of its functions. The Part also defines powers of the National Irrigation Authority or a County Irrigation Development Unit in respect of (prohibited) crops and use of land. Where a person resides, carries out irrigation or related business or occupies an existing national scheme or public scheme, the tenant holding a licence shall be issued with a permit to occupy the land. Such permit holder shall be a bona fide member of the registered association of the irrigation scheme (reg. 34). The Part further regulates such permits. The management of a scheme by an association shall apply to community-based smallholder schemes and public schemes meant for settlement except where the schemes are owned and managed by individual farmers (reg. 47). The Part provides rules for the formation etc. of such associations. An association of irrigation farmers may be constituted at the county level or the national level by the associations or umbrella associations. The supervising entity, in agreement with an association, may transfer the management and water use rights of the entire or part of the irrigation system in a national, public or strategic scheme meant for settlement to an association (reg. 74). the part is further about irrigation water service agreements, relationship of associations with the public administration and dispute resolution.
Part V requires any water for irrigation purposes to meet the applicable quality standards set out in Part A and Part B of the Second Schedule. There are also standards for irrigation professionals (third Schedule) and on-farm water management. The irrigation infrastructure standards for water harvesting and storage structures, applicable under these Regulations shall be based on the Practice Manual for Small Dams, Pans and Other Water Conservation Structures in Kenya, 2015, and other applicable laws. All discharge of water from irrigation schemes shall meet the quality standards as set out in Part A of the Second Schedule. Where irrigation is undertaken within or near a wildlife conservation area, the person or entity undertaking irrigation shall put in place the necessary measures to use the scheme and conserve, protect and manage the wildlife conservation area in accordance with the Wildlife Conservation and Management Act, 2013 (reg. 91). Regulation 105 is about use of agro and non-agrochemicals in irrigation schemes.
Regulation 112 requires the Cabinet Secretary to develop and maintain an irrigation and drainage management information system to perform the functions of monitoring and reporting. Any individual or entity carrying out irrigation or providing irrigation services shall be subjected to, monitoring, evaluation and performance audits by the Cabinet Secretary or a County Government in accordance with these Regulations.
Attached files
Web site
Date of text
Repealed
No
Serial Imprint
Kenya Gazette Supplement No. 181 of 22 September 2021.
Source language
English
Legislation Amendment
No
Implements