Water Act, 2002 (Cap. 372).

The Act establishes the Water Resources Management Authority and defines its duties, regulates the ownership and control of water and makes provision for the conservation of surface and groundwater and the supply of services in relation with water and sewerage.
The Act consists of 113 sections divided into 6 Parts: Preliminary (I); Ownership and Control of Water (II); Water Resources Management (III); Water Supply and Sewerage (IV); Financial provisions (V); General and Supplemental (VI).
Every water resource is vested in the State, but subject to any rights of user granted by or under this Act or any other written law (sect. 3). The Minister shall have control over every water resource in accordance with provisions of this Act (sect. 4). The Minister shall be assisted by a Director of Water (sect. 6). The Water Resources Management Authority is established under section 7 as a body corporate. The Authority shall manage water resources in Kenya, develop principles, guidelines and procedures for the allocation of water, monitor the national water strategy adopted under section 11 and carry out other functions outlined in section 8. The Authority shall establish regional offices (sect. 10). The Minister shall prescribe a system for the classification of waters (sect. 12) and determine the water reserve for each classified water resource. The Authority may designate catchment areas under section 14 and shall formulate a strategy for each area (sect. 15). Each area shall have an advisory committee. Protected catchment areas may be declared by the Authority under section 17. Remaining provisions of Part III concern public water use schemes and community projects for use of water and drainage of land, the approval of use of water (water rights), drainage and waterworks, and the conservation of groundwater. A Water Services Regulatory Board is established under section 46 as a body corporate. The Board shall issue licenses for the provision of water services, provide standards for such services and carry out other functions in relation with water supply outlined in section 47. The national water services strategy adopted under section 49 shall provide for a national monitoring and information systems on water services (sect. 50). The Minister may constitute Water Services Boards under section 51. These Boards shall provide water services or delegate functions to water service providers (sec 55). Other provisions of Part IV concern rights and duties of holders of licenses to provide water and some other matters relating to water supply. A Water Services Trust Fund is established under section 83 and a Water Appeal Board under section 84. Section 94 concerns water pollution. Section 108 provides for emergency powers of the Minister in the case of water shortage.