Makueni County Water Act, 2019 (No. 3 of 2020).

This Act makes provision for the management and conservation of water resources in Makueni County and regulates water supply and sanitation services. The 86 sections of the Act are divided into 11 Parts: Preliminaries (I); Administration of Water Sanitation and Sewerage Services (II); Establishment and Operation of Water Services Providers (III); Sanitation Services and Pollution Control (IV); Development and Management of County Water Works (V); Water Resource Management (VI); Storm Water Management (VII); Public Private Partnerships (VIII); Financial Provisions (IX); General Offences (X); Miscellaneous Provisions (XI).
In Part I the Act, among other things, sets out the guiding principles and values and makes reference to the Constitution and in particular to Article 43, which defines the right of every person to clean and safe water in adequate quantities. Section 5 of Part II states that every water resource is vested in and held by the National Government in trust or the County Government for the people of Kenya. The County Executive Committee Member for Water, Sanitation, Environment and Climate Change shall exercise control and oversight over the development and provision or water, sanitation and sewerage services within the County. He or she shall within a year of the commencement of this Act formulate a County water, sanitation and sewerage services strategy.
Part III is about County Water Services Providers. These shall be registered as a company limited by share capital or be formed by notice in Gazette following a resolution of the County Assembly as the case maybe. The County Water and Sewerage Services Provider shall have the exclusive right to provide water services within its area of supply. It shall obtain a licence from the Water Regulatory Board under the (national) Water Act of 2016 but enter into a performance agreement with the County Government for purposes of exercise and performance of all its powers and functions under the license. The County water services provider(s) shall ensure the availability and development of sources of water for abstraction as necessary to supply adequate quantities and quality of water to its consumers and shall, for this purpose, obtain an abstraction permit from the relevant national Regulatory authority and other authorizations from the County government. A Makueni Rural Water Board shall be established. This Board shall be instrumental in the development and administration of rural water supplies by rural water service providers. All Rural Community Water Projects/water service providers shall be registered with the Board. A County Water Service Provider may enter into an agreement with any person for purposes of protecting sources of water and may restrict use of water.
Part V is about waterworks but also the control of groundwater (abstraction). A person shall not undertake any borehole drilling activity without a certificate of authorization issued by the Water Resource Authority in accordance with this Act and Water Act, 2016.
Part VI is concerned with water conservation and sustainable management measures and such as rainwater harvesting, conservation of Catchment Areas and relative strategies and plans, collaboration with Water Resource Users Associations, management of wetlands and conservation of soil and riparian lands. Part VI is about stormwater infrastructure and plans. The County Executive Committee Member shall develop a public private partnership policy for the County water sector under Part VIII. Public private partnership arrangements may be made by agreement with a service provider or the County Executive. Part XI contains miscellaneous provisions such as a transition plan for county water service provision, public participation in case community interests are affected, inclusion of Special Interest Groups, dispute resolution, and regulation-making by the County Executive Committee Member.