Decree of the Minister of Settlement and Regional Infrastructures on Guidelines For Hand-Over Of The Authority Of Irrigation Management To Water User Farmer Association (No. 529/Kpts/M/2001)

File: kepmen-529-2001 1 Decree Of The Minister Of Settlement And Regional Infrastructures Number: 529/Kpts/M/2001 About Guidelines For Hand-Over Of The Authority Of Irrigation Management To Water User Farmer Association Minister Of Settlement And Regional Infrastructures Considering : a. that in the efforts to have efficiency and effectiveness in sustainable irrigation management, it is necessary to hand over the authority of irrigation management to water user farmer association ; b. that in the framework of giving the authority of irrigation management to water user farmer association it is necessary to hand over the authority of irrigation management as mentioned in point a from Provincial Region or District/Town Region to water user farmer association; c. that the hand over of the authority of irrigation management as mentioned in points a and b needs to be regulated in Guidelines for Hand Over of the Authority of Irrigation Management To Water N. Arifin, Sworn Translator No.09/03/02 – Jakarta 25 March 2002 File: kepmen-529-2001 2 User Farmer Association stipulated in Decree of the Minister of Settlement and Regional Infrastructures; Recalling : 1. Law Number 11 Year 1974 about Irrigation (State Gazette Year 1974 Number 65, Addendum to State Gazette Number 3046); 2. Government Regulation Number 23 Year 1997 about Environment Management (State Gazette Year 1997 Number 68, Addendum to State Gazette Number 3699). 3. Law Number 22 Year 1999 about Regional Government (State Gazette Year 1999 Number 60, Addendum to State Gazette Number 3839); 4. Law Number 25 Year 1999 about Financial Balance Between Central and Regional Government (State Gazette Year 1999 Number 72, Addendum to State Gazette Number 3848); 5. Government Regulation of the Republic of Indonesia Number 25 Year 2000 about Authority of the Government and Authority of Autonomous Region; 6. Government Regulation of the Republic of Indonesia Number 77 Year 2001 about Irrigation ; File: kepmen-529-2001 3 7. Decree of the President of the Republic of Indonesia Number 102 Year 2001 About Position, Tasks, Functions, Authority, Organization Structure and Working Procedures of Ministry; 8. Decree of the President of the Republic of Indonesia Number 228/M Year 2001 About the Establishment of Gotong Royong Cabinet; 9. Decree of the Minister of Settlement and Regional Infrastructures Number 01/KPTS/M/2001 About Organization and Working Procedures of the Ministry of Settlement and Regional Infrastructures; HAS DECIDED To Enact : DECREE OF THE MINISTER OF SETTLEMENT AND REGIONAL INFRASTRUCTURES ABOUT GUIDELINES FOR HAND-OVER OF THE AUTHORITY OF IRRIGATION MANAGEMENT TO WATER USER FARMER ASSOCIATION FIRST : To put into force guidelines for hand over of the authority of irrigation management to water user farmer association as general reference in the hand over of the authority of irrigation management from Provincial Region or District/Town Region to water user farmer association. SECOND : Guidelines for hand over of the authority of irrigation management to water user farmer association covers: definitions, scope of hand over of the authority of irrigation management, authority, rights, obligations File: kepmen-529-2001 4 and responsibility, provisions for hand over of the authority of irrigation management, role of irrigation management institution, irrigation management, irrigation management financing, providing assistance and facilities to P3A/GP3A/IP3A post-hand over of the authority of irrigation management, implementation method of hand over of the authority of irrigation management, and success indicators, analyzed in the attachment and becomes inseparable part of this Decree. THIRD : Arrangement of the hand over of the authority of irrigation management to water user farmer association with its irrigation area located in more than one province and or has national strategic nature, will be regulated separately by the Minister in accordance with the prevailing law and regulations. FOURTH : Implementation of the hand over of the authority of irrigation management to water user farmer association will be further regulated by Provincial Region or District/Town Region in accordance with the prevailing law and regulations. FIFTH : All provisions about hand over of the authority of irrigation management which are contradictory to this Decree are declared void. SIXTH : This Decree comes into force on the day it is enacted. This Decree is sent to: File: kepmen-529-2001 5 1. Minister of Home Affairs; 2. Minister of Finance; 3. Minister of Agriculture 4. State Minister for National Development Planning/Head of Bappenas; 5. Secretary General of the Ministry of Settlement and Regional Infrastructures; 6. Director General of Water Resources of the Ministry of Settlement and Regional Infrastructures; 7. Governors all over Indonesia; 8. Regents all over Indonesia; 9. Directors within the Directorate General of Water Resources. Enacted at Jakarta Date: 10 December 2001 MINISTEROF SETTLEMENT AND REGIONAL INFRASTRUCTURES Seal Sgd. SOENARNO File: kepmen-529-2001 1 ATTACHMENT TO THE DECREE OF THE MINISTER OF SETTLEMENT AND REGIONAL INFRASTRUCTURES ABOUT : GUIDELINES FOR HAND-OVER OF THE AUTHORITY OF IRRIGATION MANAGEMENT TO WATER USER FARMER ASSOCIATION Number : 529/KPTS/M/2001 Date : 10 December 2001 GUIDELINES FOR HAND-OVER OF THE AUTHORITY OF IRRIGATION MANAGEMENT TO WATER USER FARMER ASSOCIATION CHAPTER I PREFACE 1.1. Background In the framework of reformation in the field of irrigation as well as in line with the change in the paradigm of conducting governance and development based on Law Number 22/1999 about Regional Government as well as Law Number 25/1999 about Financial Balance Between Central and Region, Government has enacted Government Regulation No.77 Year 2001 about irrigation. Basically, reformation in the field of irrigation is stressed upon the efforts of Renewing Irrigation Management Policy (PKPI) which covers redefinition of authority, tasks, and responsibility of irrigation management institution; empowerment or water user farmer society; arrangement of hand over of authority of irrigation management; financing of irrigation management; as well as sustainability of irrigation system. In hand over of authority of irrigation management in File: kepmen-529-2001 2 particular the implementation cannot be separated from policy described in PKPI mentioned above. In relation to arrangement of hand over of authority of irrigation management, it is clearly mentioned in Government Regulation No.77 Year 2001 about Irrigation which in full states as follows: “Hand over of authority of irrigation management from Provincial Region or District/Town Region to water user farmer association with legal status is carried out democratically with the principle one irrigation system one management unit.” Basically, hand over of authority of irrigation management mentioned above represents efforts to realize irrigation services which is farmer’s needs oriented and to encourage empowerment of farmer community in order to be able to manage irrigation water and networks in their working area, as well as to explore income sources which can improve their welfare. The main principle in the hand over of authority of irrigation management is to place the community/farmer as decision maker in irrigation management. With the hand over of authority of irrigation management, farmers gathering in water user farmer association get the authority to make decision, among others in the preparation/regulating planting pattern, preparation of water distribution sequence, deciding amount of fee, financing management, as well as planning and implementation of irrigation management work. This Guidelines for hand over of authority of irrigation management represents a general reference about principles and procedures for hand over of authority of irrigation management from Provincial Region or District/Town Region to water user farmer File: kepmen-529-2001 3 association. In order to get a more complete and clear guidelines, aside of this guidelines the users are recommended to study other guidelines related to hand over of authority of irrigation management, which represent further spelling out of Government Regulation number 77/2001 about Irrigation. 1.2. Purpose and Objectives 1.2.1. Purpose The purpose of hand over of authority of irrigation management is to hand over irrigation management from the Provincial Region or District/Town Region to water user farmer association with legal status in a democratic way, with the principle one irrigation system one management unit. 1.2.2. Objectives The objectives of hand over of authority of irrigation management is to increase efficiency and effectiveness of irrigation management; the realization of sustainable irrigation system; autonomy water user farmer association, which is independent and rooted in the community, as well as to increase welfare of the community. CHAPTER II DEFINITIONS 1) Village or whatever other names it is called, hereinafter called Village, is a legal society unit which has the authority to organize and manage local community interests based on local origins and traditions which are recognized in National Government system and are located in District/Town area; File: kepmen-529-2001 4 2) Regional Regulation is regulation decreed by the Head of the Region with the approval of DPRD (Regional Parliament) in the framework of the implementation of Regional Autonomy and further spell out of higher level laws and regulations. 3) Inventory of Irrigation Area (DI) is activity of recording/data collecting of physics, condition, function, and changes of irrigation networks for supporting the implementation of irrigation management; 4) Irrigation Management Fee is fee which is decided, collected, deposited and utilized by water user farmer association, federation of water user farmers, and water user farmers central association in an autonomous and transparent way for irrigation management cost; 5) Federation of water user farmer associations, hereinafter abbreviated GP3A, is a general term for institutional facility of a number of P3A which utilize irrigation facilities, which agree to cooperate in the management of a part of Irrigation Area or at secondary level; 6) Water user farmer central association, hereinafter called IP3A, is the general term for institutional facility of a number of GP3A which utilize irrigation facilities, which agree to cooperate in the management of one Irrigation Area or at central/primary level; 7) Irrigation management local institution is traditional community unit of socio agrarian religious nature, which historically grows as group/organization in the field of water usage system at farmer business level (such as subak, and other such File: kepmen-529-2001 5 institution) carried out among others by institution or community figure such as raja bondar, tuo banda, jogo tirto, pekaseh and ulu-ulu. 8) Empowerment of water user farmer association is effort of strengthening and improving the capability of water user farmer association. 9) Strengthening of water user farmer association is effort to improve the status or organization/institution of water user farmer association in a democratic way as legal body which is autonomous and having rights and authority on irrigation management in its working area. 10) Establishment of water user farmer association is effort carried out by farmer community in a democratic way to prepare and establish organization/institution as facility to gather in the framework of irrigation management. 11) Improvement the capability of water user farmer association is effort to facilitate water user farmer association to develop its own capability in the field of technical aspects, financial aspects, managerial aspect, administration and organization, in order to be capable of managing Irrigation Area in an autonomous and sustainable way in a dynamic and responsible process, in accordance with the agreement of hand over of the authority of irrigation management, annual irrigation management plan and assets management plan; 12) Irrigation management plan is annual work program prepared by P3A/GP3A/IP3A in the efforts of utilizing water and irrigation networks which covers operation and maintenance, security, rehabilitation, and improvement of networks, as well as deciding the distribution of tasks and financing.; File: kepmen-529-2001 6 13) Irrigation management agreement is written agreement between P3A/GP3A/IP3A and Provincial Region or District/Town Region or other party to carry out cooperation based on irrigation management plan; 14) Irrigation assets management plan is plan to maintain, secure, repair, improve and add multi year period irrigation infrastructures, for example for five years; 15) Rural Condition Participatory Understanding, abbreviated PPKP, is one of the methods to make it easier for the community to explore needs, problems and efforts to overcome problems according to the available potential with participatory approach; 16) Participatory is participation of farmers and Provincial Region or District/Town Region based on equal status principles in every stage of activities from planning, implementation, supervision, monitoring & evaluation as well as utilization of the result, including its financing; 17) Institutional Technical Socio Economic Profile is analysis and description of social economy, technical aspect and institutional aspect found in one or a part of irrigation area in a certain period; 18) Renewal of Irrigation Management Policy, abbreviated PKPI, is general term for Government policy described in the Instruction of the President No.3 Year 1999 about Renewal of Irrigation Management Policy and Government Regulation No.77/1999 about Irrigation; File: kepmen-529-2001 7 19) Working Group (Pokja) is general term for a group or coordination facility of the representatives of water user farmer association/representatives of flanking agency of water user farmer association, community figures, LSM (NGO) and other parties at District/Town and Province level in PKPI program; 20) Farmer Flanking Staff (TPP) is staff/person needed and chosen by P3A/GP3A/IP3A to assist farmer and boards of P3A/GP3A/IP3A which has its main tasks to encourage empowerment of P3A/GP3A/IP3A in the framework of the implementation of PKPI program. 21) Field Flanking Group (KPL) is staff/manpower the Government which is assigned in the field, which consists of Agricultural element, Water Sector element and other elements from sub-district /village administration, which has its main tasks to facilitate PKPI program implementation in its working area; 22) Protocol of Hand Over is a protocol about hand over of authority of irrigation management from the Regent/Mayor or Governor to federation of water user farmer association or water user farmer central association; 23) Democratic is process which secures that decision making related to the interest of the community, concerning anything from, by and for the community so that they represent the aspiration and in accordance with the needs and capability of the related community; 24) Community Self-supporting Institution (LSM) is non governmental agency which has the mission to make it easier for PKPI program in the following activities: flanking the community and fulfilling registration requirements with notary File: kepmen-529-2001 8 documents, accepted by water user farmer association as well as in command of irrigation problems including PKPI through training for trainers (TOT) and received certificates from the TOT. CHAPTER III SCOPE OF HAND OVER OF AUTHORITY OF IRRIGATION MANAGEMENT Scope of hand over of authority of irrigation management covers: 1. Hand over of authority, rights , obligations, and responsibility on irrigation networks management from Provincial Region or District/Town Region to water user farmer association with legal status, which is carried out democratically in one or a part of irrigation area as one management unit, while the assets of the networks still belong to Government, Province, District/Town; 2. Reorganizing authority, rights, obligations and responsibility of Irrigation Management Institution in relation with the hand over; 3. Giving water usage rights in form of permit to take irrigation water to water user farmer association; 4. Empowerment of P3A/GP3A/IP3A Institution continuously and sustainably; 5. Preparation of irrigation management plan, make irrigation management agreement and implementation of irrigation services. File: kepmen-529-2001 9 CHAPTER IV AUTHORITY, RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF P3A/GP3A/IP3A 4.1 Authority of P3A/GP3A/IP3A P3A/GP3A/IP3A has the authority to manage irrigation water and networks which have been handed over in its work area. The authority to manage irrigation water and networks covers: 1. Prepare planning and agreement on irrigation management in accordance with services needed by P3A/GP3A/IP3A in the work area which is its responsibility; 2. Carry out irrigation management in the work area which is its responsibility, including underground and surface water management in an integrated way; 3. Carry out monitoring and evaluation of irrigation management activities in the work area which is its responsibility; 4. Collect, manage and utilize irrigation management fund to support sustainability of irrigation system; 5. Set the amount and collect, manage as well as utilize fee from members to finance irrigation management. 4.2 Rights of P3A/GP3A/IP3A Based on the authority of irrigation water and networks management, P3A/GP3A/IP3A has the following rights: 1. Determining plant pattern and planting method; 2. Get water usage right in form of permit to take irrigation water; File: kepmen-529-2001 10 3. Get water allocation; 4. Get the right to manage irrigation networks infrastructures; 5. Get the right to manage dam, the authority for managing it was handed over, in accordance with the prevailing laws and regulations. 6. Organizing Statues/Rules of the Organization; 7. Make request for assistance and facilities from Provincial Region or District/Town Region or other party; 8. Owns land and properties as well as make contract with other party; 9. Get protection of the function of irrigated land; 10. Has the right to express its opinion in water resources/watershed area; 11. Carry out cooperation with other parties, including with Provincial Region or District/Town Region; 12. Determine other party for cooperation including Provincial Region or District/Town Region. 4.3 Obligations and Responsibility of P3A/GP3A/IP3A Based on the authority to manage irrigation networks, P3A/GP3A/IP3A has the obligations and responsibility in its work area in accordance with the policy of Provincial Region or District/Town Region, Statutes/Rules of the Organization, protocol of hand over of authority of irrigation management, irrigation management plan as follows: 1. Plan and implement maintain channel and structures; 2. Organize distribution, supply, usage and disposal of irrigation excess water, as well as prevent water pollution to occur. File: kepmen-529-2001 11 3. Carry out rehabilitation and improvement of irrigation networks. In case has no capability to do it yet, the Government is obliged to give assistance and facilities for rehabilitation and improvement of networks, based on the request from P3A/GP3A/IP3A by observing the principles of autonomy. 4. Maintain the sustainability of the function of irrigation networks; 5. Carry out Statutes/Rules of the Organization; 6. Obey laws; 7. Protect the interests of members; 8. Develop farmer business; 9. Increase member’s income. Authority, rights and obligations and responsibility mentioned above are described in the protocol of hand over of authority of irrigation management which is signed by the Government or Provincial Region or District/Town Region (the party which hands over) and P3A/GP3A/IP3A (the party which receives). CHAPTER V REQUIREMENTS AND CANCELLATION OF HAND OVER OF AUTHORITY OF IRRIGATION MANAGEMENT 5.1 Requirements for hand over of authority of irrigation management Requirements of hand over of authority of irrigation management among others cover: File: kepmen-529-2001 12 1. P3A/GP3A/IP3A is established democratically, rooted in the community and has legal status. 2. P3A/GP3A/IP3A has succeeded in collecting irrigation management fee of a minimum of 50 per cent of the number of members and 50 per cent of the amount of the targeted fee collection; 3. Irrigation system is emphasized for agriculture; 4. Irrigation networks handed over is not in damaged condition or not functioning at all; 5. P3A/GP3A/IP3A has prepared and carried out irrigation management plan and can be assisted by Provincial Region or District/Town Region if needed; 6. Protocol of hand over can be carried out if is has been approved in member meeting of P3A, GP3A, and IP3A 5.2 Cancellation of hand over of authority of irrigation management If based on audit of irrigation management P3A/GP3A/IP3A is declared to fail in the management of irrigation handed over, irrigation management is taken over again by Provincial Region or District/Town Region, which is made in form of a protocol. The failure as mentioned above is failure in management which causes P3A/GP3A/IP3A institution not functioning. Irrigation management carried out by Provincial Region or District/Town Region is just temporary until P3A/GP3A/IP3A institution can function again. Therefore, Provincial Region or District/Town Region is obliged to re- empower water user farmer association. The reasons/basic considerations of temporary cancellation of hand over of authority of irrigation management are: File: kepmen-529-2001 13 P3A/GP3A/IP3A gets no more support from majority of its members; P3A/GP3A/IP3A purposely changed the function of majority of irrigated land for activities outside agriculture; P3A/GP3A/IP3A purposely destroyed or changed the function of irrigation networks without permit from Provincial Region or District/Town Region; P3A/GP3A/IP3A distribution did not carry out the obligations to maintain irrigation management which caused the networks not functioning anymore; P3A/GP3A/IP3A violated main provisions mentioned in the protocol of hand over of authority of irrigation management. Procedures for the cancellation of hand over of authority of irrigation management is carried out as follows: Provincial Region or District/Town Region together with P3A/GP3A/IP3A carry out irrigation management audit; The result of the audit of irrigation management is studied together as the base for consideration of cancellation of hand over of authority of irrigation management; Provincial Region or District/Town Region together with P3A/GP3A/IP3A make protocol of cancellation of hand over of authority of irrigation management; Requirements for hand over of irrigation management are further regulated in Decree of Regent/Mayor and or Provincial Region or District/Town Region. File: kepmen-529-2001 14 CHAPTER VI ROLE OF IRRIGATION MANAGEMENT INSTITUTION 6.1. Role of P3A/GP3A/IP3A P3A/GP3A/IP3A has the role as decision maker for the management and development of irrigation system which is its responsibility, with the following details: 1. Maintain sustainability of water resources; 2. Receive water according to its allocation; 3. Utilize water according to the acquired water usage right; 4. Determine planting system plan based on the proposal from the farmers and irrigation water availability; 5. Make water distribution and scheduling; 6. Carry out operation and maintenance as well as repair of irrigation networks; 7. Financing operation and maintenance implementation as well as repair of networks; 8. Change and add irrigation networks based on approval of Provincial Region or District/Town Region; 9. Encourage water user farmers to become member of P3A/GP3A/IP3A and to pay irrigation management fee; 10. Carry out cooperation with financial institution; 11. Carry out services cooperation/contract according to the agreement on irrigation management between P3A/GP3A/IP3A and Provincial Region or District/Town Region or other party; File: kepmen-529-2001 15 12. Submit lawsuit against other party which destroys infrastructure of irrigation networks or causing loss to organization/member in irrigation matters; 13. Carry out sanctions against members who violate statutes/rules of organization. 6.2. Role of Provincial Region or District/Town Region The role of Provincial Region or District/Town Region in irrigation management among others are as follows: 1. Apply and enforce the prevailing laws and regulations in Irrigation Area; 2. Organizing the channeling of irrigation management fund originating from local Budget (APBD); 3. Give assistance in settling inter P3A disputes and othe party; 4. Observation and study of determining water availability in the area of Provincial Region or District/Town Region; 5. Supplying and organizing of irrigation water usage allocation in the area of Provincial Region or District/Town Region; 6. Conserving water resources in the area of Provincial Region or District/Town Region; 7. Give consultation for planting system planning to IP3A; 8. Give technical and financial assistance if needed; 9. Empowerment of P3A/GP3A/IP3A in irrigation management; 10. Carry out monitoring and evaluation in the field of irrigation; 11. Carry out protection on the function of irrigated land. File: kepmen-529-2001 16 6.3. Role of the Government The role of Government in irrigation management among others are as follows: 1. Preparation and setting policy to support macro development in the field of irrigation; 2. Prepare macro national plan in the field of irrigation 3. Building and supervision of the implementation of regional autonomy which covers giving guidelines, guidance, training, direction and supervision in the field of irrigation matters; 4. Organizing the channeling of irrigation management fund originating from State Budget (APBN); 5. Settling inter province disputes in the field of irrigation. CHAPTER VII IRRIGATION MANAGEMENT 7.1. Irrigation management plan Irrigation management plan is reference prepared by P3A/GP3A/IP3A periodically, which contains among others the following material: 1. Purpose and objectives of irrigation management carried out by P3A/GP3A/IP3A; 2. Detail work program for the implementation of operation and maintenance, security, rehabilitation as well as improvement of networks; 3. List of parties which are expected to carry out operation and maintenance, security, rehabilitation as well as improvement of networks in one networks or certain part. File: kepmen-529-2001 17 4. Irrigation management budget needed; 5. Fund sources needed to finance irrigation management: 6. Amount of fee which will be collected from members and fee fund allocation plan at P3A/GP3A/IP3A level; P3A/GP3A/IP3A self-supportingly makes irrigation management plan, and if needed, it can ask technical guidance from Provincial Region or District/Town Region. In case P3A/GP3A/IP3A needs assistance in irrigation management from other party, the implementation must be based on agreement of irrigation management agreed and signed together by all parties giving services in the work area of P3A/GP3A/IP3A. 7.2. Irrigation management audit Irrigation management audit represents activities of inspecting the performance of irrigation management and giving assistance in irrigation management, which covers organization, technical and financial aspects. The objectives of irrigation management audit is to guarantee sustainability of irrigation networks and accountability among all parties involved in irrigation management, including giving assistance and facilities. Through the audit, evaluation is carried out about the compliance between implementation of irrigation management and irrigation management plan, protocol of hand over of authority of irrigation management, and laws and regulations in the field of irrigation. Irrigation management audit consists of three aspects, i.e. technical, financial and institutional aspects as follows: File: kepmen-529-2001 18 a. Technical aspect: checking physical condition and function of irrigation networks, land and networks utilization, irrigation water utilization, quality of networks maintenance activities, and environmental condition related to irrigation; b. Financial aspect: checking the process of collecting, depositing, utilization of irrigation management fund, either coming from fee or other business, as well as utilization of aid fund from Government and Provincial Region or District/Town Region, including financial administration; and c. Institutional aspect: checking the performance of P3A/GP3A/IP3A and irrigation management institution of Provincial Region or District/Town Region, performance of the boards of P3A/GP3A/IP3A, implementation of Statutes/Rules of the Organization, and the prevailing laws and rgs. Irrigation management audit is carried out transparently by Provincial Region or District/Town Region and P3A/GP3A/IP3A every year. Irrigation management audit is also carried out at District/Town level to check the implementation of tasks and role of Provincial Region or District/Town Region in regulating in the field of irrigation, giving assistance and facilities, and development of human resources in each region. Irrigation management audit is carried out be referring to the prevailing guidelines in each region. File: kepmen-529-2001 19 CHAPTER VIII IRRIGATION MANAGEMENT FUNDING 8.1. Irrigation management funding principles 1. Rely on the principles of empowerment of P3A/GP3A/IP3A community; 2. Efforts are made to fulfill fund needed from water user farmer association before asking the assistance of Provincial Region or District/Town Region; 3. Adjusted to the capability of P3A/GP3A/IP3A, which is collected through irrigation management fee collected from members of P3A, contribution of farmers in form of manpower, material, equipment et cetera; 4. Based on real need figure for irrigation management (AKNP) from the result of studying of networks and discussion; 5. Assistance from Provincial Region or District/Town Region (if needed) is stimulant in nature and the amount is adjusted by considering the capability of each District/Town; 6. Assistance of Provincial Region or District/Town Region is only given if there is a request from water user farmer association, in accordance with the need and allocation decision is transparent and based on allocation criteria agreed by irrigation commission; 8.2. Funding sources for irrigation operation and maintenance Operation and maintenance budget can come from: 1. Fund from members of water user farmer association which is allocated for operation and maintenance of irrigation; File: kepmen-529-2001 20 2. Fund substitution from members of water user farmer association themselves (in form of manpower, material and equipment); 3. Assistance fund of Provincial Region or District/Town Region and or Government which is allocated for operation and routine maintenance (for example General Allocation Fund); 4. Contribution, grant, or unbinding assistance; 5. Fund sources from other legal businesses; 6. Fund sources in form of goods. 8.3. Funding sources for rehabilitation and improvement of irrigation networks Budget for rehabilitation and improvement of irrigation networks comes from: 1. Fund from fee of members of water user farmer association which is allocated for rehabilitation and improvement of irrigation networks; 2. Fund substitution from members of water user farmer association themselves (manpower, material and equipment); 3. Assistance fund of Provincial Region or District/Town Region and or Government which is allocated for rehabilitation or improvement of irrigation networks of irrigation networks in accordance with the prevailing regulations and agreed in irrigation commission (for example Special Allocation Fund); 4. Assistance fund or loan from financial institution. For rehabilitation and improvement of irrigation networks in particular, it is possible to look for loan from third party, yet the loan should be the last alternative and should be profitable to water user farmer association. File: kepmen-529-2001 21 CHAPTER IX GIVING ASSISTANCE AND FACILITIES TO P3A/GP3A/IP3A POST HAND OVER OF AUTHORITY OF IRRIGATION MANAGEMENT 9.1. The principle of giving assistance and facilities Assistance and facilities given by Provincial Region or District/Town Region and/or other party to P3A/GP3A/IP3A are based on the following principles: 1. Improvement of capability and autonomy of P3A/GP3A/IP3A in irrigation management and its financing; 2. P3A/GP3A/IP3A has made irrigation management plan and carried it out; 3. Assistance and facilities are given according to request and approval of P3A/GP3A/IP3A; 4. P3A/GP3A/IP3A is considered feasible to get assistance and facilities through irrigation management audit; 5. Assistance and facilities given are made hr coordination with water user farmer association center (IP3A); 6. Assistance and facilities to P3A/GP3A/IP3A are given if there is contribution from P3A/GP3A/IP3A; 7. Requirements/criteria for allocating assistance and facilities from Provincial Region or District/Town Region to P3A/GP3A/IP3A are determined by irrigation commission in a participatory and transparent way, which is valid for the whole Irrigation Areas; 8. Assistance and facilities to P3A/GP3A/IP3A do not create new “dependency”. File: kepmen-529-2001 22 9.2. Type of assistance and facilities Types of assistance and facilities given to P3A/GP3A/IP3A among others are: 1. Financing of networks development, rehabilitation, improvement, and operation and maintenance of irrigation networks in its working area; 2. Increasing the capability in form of training, guidance, flanking, elucidation, technical guidelines, and management cooperation; 3. Strengthening to encourage the establishment of P3A/GP3A/IP3A in a democratic way and having legal status; 4. Giving expert assistance and executing manpower of irrigation management; 5. Mediation and defending in dispute settlement related to irrigation management; and 6. Guidance and development facilities for farmer business and economic business. 9.3. Mechanism for giving assistance and facilities as well as accountability Mechanism for giving assistance and facilities to P3A/GP3A/IP3A and its accountability are as follows: 1. P3A/GP3A/IP3A prepares the needs for assistance and facilities; 2. Submit the proposal of needs for assistance and facilities to Provincial Region or District/Town Region or other party; 3. Provincial Region or District/Town Region or other party verifies the proposal through dialogue; 4. Provincial Region or District/Town Region or other party makes agreement to give assistance and facilities; File: kepmen-529-2001 23 5. Provincial Region or District/Town Region or other party realizes assistance and facilities; 6. P3A/GP3A/IP3A prepares and submits accountability report for the assistance and facilities received to the party giving them; 7. Provincial Region or District/Town Region together with P3A/GP3A/IP3A carry out irrigation management audit every year, to evaluate level of benefits of assistance and facilities received and determine the feasibility of P3A/GP3A/IP3A in receiving new assistance and facilities (if needed); 8. Provincial Region or District/Town Region or other party for certain purpose can carry out evaluation of the benefits of assistance and facilities given. CHAPTER X IMPLEMENTATION METHOD OF HAND OVER OF AUTHORITY OF IRRIGATION MANAGEMENT 10.1. Approach of hand over of authority of irrigation management In the implementation of activities of hand over of authority of irrigation management, the following approaches are used: 1. Community based approach Implementation of the activities of hand over of authority of irrigation management is carried out in participatory and dialogical way, by observing aspiration of the community, so that farmers become subject of decision maker. File: kepmen-529-2001 24 2. Local resources based approach Implementation of the activities of hand over of authority of irrigation management emphasizes the utilization of the available local resources such as the existing farmer institution , manpower, and material, by observing balance and sustainability of environment, so that continuous empowerment process occurred on local potential. 3. Social culture, economic, and technical based approach Implementation of the activities of hand over of authority of irrigation management observes social cultural aspects, economy of the community, and local technology in an integrated and synergic way, so that a more optimum result can be achieved. 4. Partnership between P3A/GP3A/IP3A and Provincial Region or District/Town Region or other party approach Implementation of the activities of hand over of authority of irrigation management emphasizes partnership working relation between P3A/GP3A/IP3A and Provincial Region or District/Town Region or other party, organized in a transparent and responsible way through written agreement. Aside of the above approaches, other approaches which exist at the local District/Town can be applied based on participatory principles. To make effective application of the above approaches, P3A/GP3A/IP3A flanking staff selected by the Boards of P3A/GP3A/IP3A can be involved. The flanking staff has the functions as motivator, mediator, facilitator, and catalyst for P3A/GP3A/IP3A. File: kepmen-529-2001 25 10.2. Preparation stage 10.4.1. Activities at provincial level 1. Socialization of hand over of authority of irrigation management Socialization of PKPI which is emphasized on hand over of authority of irrigation management to District/Town Administration elements and non governmental elements (LSM/NGO/Universities) related to irrigation management. Socialization material among others Law Number 22/1999 about Regional Government, Law Number 25 Year 1999 about Financial Balance Between Central and Regional Government, Government Regulation number 77 Year 2001 about Irrigation, Decree of the Ministry of Home Affairs about Establishment and Empowerment of P3A, as well as the related laws and regulations. 2. Selection and training of trainer (ToT) Training of trainer (TOT) for trainer of water user farmer association at District/Town level, either for Provincial Region or District/Town Region elements or governmental elements (LSM/NGO/Universities) as well as TPP Coordinator selected from LSM elements, university, or Provincial Region or District/Town Region elements. The trainers will carry out training of farmer flanking manpower (TPP) and District/Town level KPL. 3. Coordination of implementation preparation Provincial Region coordinates the preparation of the implementation of hand over of authority of irrigation management at District/Town crossing Irrigation Area. File: kepmen-529-2001 26 4. Preparation of guidelines for hand over of authority of irrigation management Provincial Region prepares and sets guidelines in the framework of hand over of authority of irrigation management with among others the following material: Guidelines for the preparation of material for regional regulation about irrigation; Guidelines for empowerment of water user farmer association in institutional, technical and financial aspects; Guidelines for the activities of socio economic technical and institutional profile (PSETK); Guidelines for feasibility evaluation of hand over of authority of irrigation management; Guidelines for the implementation of hand over of authority of operational irrigation management and in accordance with socio cultural condition of local community and contains among others the followings: • Irrigation commission; • Requirements for hand over of authority of irrigation management; • Irrigation management plan; • Example of protocol of hand over of authority of irrigation management • Tasks and responsibility of irrigation management institution; • Irrigation management funding; and • Irrigation area coordination forum at multipurpose Irrigation Area; File: kepmen-529-2001 27 PPKP guidelines; Participatory design guidelines; Participatory construction guidelines; Guidelines for participatory operation and maintenance; Training modules and socialization; Guidelines for irrigation management audit; Guidelines for monitoring and evaluation. 10.4.2. Activities at District/Town level 1. Study on regional condition and potential District/Town Region carries out study on regional condition and potential as well as arrangement related to irrigation management policy in the framework of formulation of policy and implementation guidelines for hand over of authority of irrigation management. This study is used as reference in the implementation of facilities for water user farmer association in a sustainable way, so that a developed water user farmer association can be achieved. 2. Policy and Implementation guidelines formulation District/Town Region in the framework of hand over of authority of irrigation management formulates policy and implementation guidelines for hand over of authority of irrigation management as spelling out of guidelines issued by the Province as well as Government, adjusted to the condition of each region. File: kepmen-529-2001 28 3. Coordination of the preparation for hand over of authority of irrigation management Coordination of preparation for hand over of authority of irrigation management at District/Town is carried out by irrigation commission established by Regent/Mayor . The coordination is intended to synchronize program and integrate activity plan which support the implementation of hand over of authority of irrigation management such as study on regional condition and potential, formulation of policy and implementation guidelines, as well as preparation of working program for hand over of authority of irrigation management. 4. Socialization of hand over of authority of irrigation management Socialization of hand over of authority of irrigation management and PPKP is carried out in steps to the elements of institution of the related Provincial Region or District/Town Region and community elements involved in irrigation management at District/Town level up to Sub-district level. The socialization is carried out by builder of water user farmer association at District level, with socialization material refers to socialization material at Provincial level and other materials which are considered necessary. 5. Selection of Irrigation Area Selection of irrigation area is started with making inventory of base data by working group (Pokja) to get real idea about initial location condition of hand over of authority of irrigation management, which covers among others File: kepmen-529-2001 29 the aspects of water availability, physical condition and function of networks, area of services, institutional and planting pattern. 6. Training of TPP and KPL District/Town Administration conducts TPP and KPL training carried out by trainers which have had ToT at the Province. TPP is tentative in nature and based on needs or request as well as approval from irrigation water user farmer community. 10.4.3. Activities at tertiary level 1. Socialization/Consultation about hand over of authority of irrigation management and PPKP Socialization of hand over of authority of irrigation management and explanation about Rural Condition Participatory Understanding (PPKP) are carried out by KPL to staff of Provincial Region or District/Town Region at Sub-District and Village level, community figures, local NGO, and boards of water user farmer association. Dissemination of the program of hand over of authority of irrigation management and innovation of irrigation management policy to the community is carried out for the whole farmers. Socialization can be carried out by the boards of water user farmer association, community figures, head of village, local NGOs, guiding farmer (petandu) as well as assisted by KPL. File: kepmen-529-2001 30 2. Implementation of identification of condition and problem Identification of condition and problem at tertiary level is carried out by guiding farmer (petandu), boards of water user farmer association and upstream, midstream and downstream farmers with guidance from KPL and flanking staff of water user farmer association (if needed). Implementation of identification at tertiary level is carried out through dialogue and studying farmer common networks, to formulate problems and their solution which cover networks physical condition aspects, operation and maintenance, farmer’s institution, agriculture, and condition of social and economy of the community. The result of identification of condition and problem at tertiary level is used as the base for empowerment of P3A/GP3A/IP3A. Preparation process of the activities of hand over of authority of irrigation management as described above is explained in general in Figure 1.a. 10.3. Implementation stage 10.3.1 Activities at Provincial level 1 Implementation facilities of hand over of authority of irrigation management Provincial Region carries out workshop, carries out inter District/Town coordination, facilitate information about inter District/Town hand over of authority of irrigation management and prepare material for further hand over of authority of irrigation management with the intention to improve the File: kepmen-529-2001 31 capability of District/Town in achieving success of the program of hand over of authority of irrigation management 2 Planning and channeling of financial assistance Provincial Region plans and channels financial assistance in the framework of supporting the success of program implementation for hand over of authority of irrigation management in the District/Town which needs it. 3 Planning and implementation of monitoring and evaluation of hand over of authority of irrigation management Provincial Region plans and carries out monitoring and evaluation for PKPI program including hand over of authority of irrigation management which is carried out by District/Town so that the implementation and success of PKPI program in accordance with the objectives which have been set up. 10.3.2 Activities at District/Town level 1. Facility and coordination of hand over of authority of irrigation management PKPI Pokja facilitates and coordinates various activities related to PKPI, among others increasing the capability of TPP and KPL in the implementation of the program of hand over of authority of irrigation management. 2. Feasibility evaluation Provincial Region or District/Town Region carries out feasibility evaluation about irrigation networks, water resources, and P3A/GP3A/IP3A institution File: kepmen-529-2001 32 which will accept hand over of authority of irrigation management in accordance with the result of PSETK and requirements for hand over of authority of irrigation management. 3. Regional Regulation and Decree of Head of he Region After evaluation has been carried out and it is considered to be feasible, Provincial Region or District/Town Region hands over the authority of irrigation management to P3A/GP3A/IP3A, and prepares legal products in form of Regional Regulations and or Decree of Head of the Region which cover among others: a. Protocol of hand over of authority of irrigation management and management agreement regulation which contains among others: establishing P3A/GP3A/IP3A as irrigation management institution in its working area; arrangement of breakdown of authority, rights, obligations, and responsibility between P3A/GP3A/IP3A and Provincial Region or District/Town Region which facilitate in irrigation networks after the hand over; Cooperation mechanism of irrigation management based on irrigation management agreement between P3A/GP3A/IP3A and Provincial Region or District/Town Region or other party; Obligations of Provincial Region or District/Town Region in empowering P3A/GP3A/IP3A, as well as assisting and facilitating settlement of disputes in accordance with Statutes/Rules of File: kepmen-529-2001 33 Organization of P3A/GP3A/IP3A and the prevailing regulations of Provincial Region or District/Town Region; Applying irrigation management audit by Provincial Region or District/Town Region with P3A/GP3A/IP3A; Problems settlement mechanism between Provincial Region or District/Town Region and P3A/GP3A/IP3A; Further explanation concerning preparation of protocol of hand over of authority of irrigation management can be seen in Attachment 1. b. Accountability mechanism of fund assistance from Provincial Region or District/Town Region to P3A/GP3A/IP3A; c. Implementation mechanism of services contract between Provincial Region or District/Town Region and IP3A or GP3A in emergency situation or special occurrence, for example natural disaster. 4. Planning and distribution of financial assistance District/Town Region plans and provide financial assistance to IP3A in the framework of supporting the implementation of the program of hand over of authority of irrigation management and in the framework of irrigation management post hand over of authority of irrigation management. 5. Implementation of monitoring and evaluation of hand over of authority of irrigation management District PKPI Pokja plans and carry out monitoring and evaluation for PKPI program including hand over of authority of irrigation management in order File: kepmen-529-2001 34 that the implementation and success of PKPI program complies with the objectives which have been set up. 10.3.3 Activities at Secondary level (GP3A) 1. PSETK training with PPKP method PSETK training with PPKP method is carried out by trainer from District/Town, NGO and University to KPL and P3A/GP3A/IP3A flanking staff, and other related party in the empowerment of P3A/GP3A/IP3A. Training is directed to farmer/progressive farmer figures, candidates of boards of P3A/GP3A/IP3A representing upstream, midstream and downstream farmers in a networks system. Participants are trained as guide in PSETK process with PPKP method, by studying, dialogical discussing to explore farmer’s problems and solving the problems with empowerment principles. 2. Implementation of preparation of secondary level PSETK or a part of Irrigation Area (GP3A) PSETK preparation at secondary level or a part of Irrigation Area is carried out by boards of each P3A served by secondary channel which represents upstream, midstream and downstream area with guidance of KPL and TPP. Preparation of PSETK is carried out by dialogue and studying networks to formulate problems and their solution, which covers networks physical condition aspects operation and maintenance, farmer institution, social and economy condition of the community. File: kepmen-529-2001 35 One of the main output from PSETK is inventory of channels and structures in secondary level irrigation networks or a part of Irrigation Area. The result of PSETK is used as reference in training/building activities, which cover forming, activating and confirming GP3A; Planning of GP3A working program; increasing and developing irrigation networks; as well as confirming funding of irrigation and farmer business to achieve GP3A developing and self supporting status. 3. Establishment and empowerment of GP3A GP3A establishment process is carried out democratically. After the establishment of water user farmer association at every tertiary block of a networks, several water user farmer associations evaluate problems at each water user farmer association to be discussed in secondary networks management scope or a part of Irrigation Area. Because there is common interest of water user farmer association in upstream, midstream and downstream area, it is necessary to form GP3A which will manage networks to solve irrigation management problems at secondary networks level or a part of Irrigation Area. Empowerment of GP3A is carried out by field flanking group (KPL) and the related institution to encourage activities of the institution of water user farmer association in institutional/organization aspects, administration, financial, irrigation technical aspect, farmer business technique, entrepreneurship as well as facilitating GP3A legal body status. GP3A is developed as autonomous and self-supporting institution. For that, it is necessary to have training and flanking in organization, administration, File: kepmen-529-2001 36 finance, business, preparation of Statues/Rule of Organization, irrigation technique, agricultural technique and other activities which will drive GP3A to develop its activities. 4. Training of planning, implementation of irrigation management, and farming business Provincial Region or District/Town Region together with KPL conduct training for boards of GP3A, TPP and irrigation management executing manpower at secondary networks level about preparation of irrigation management plan, irrigation management agreement and its implementation, as well as farmer entrepreneurship. 5. Preparation of irrigation management plan and its implementation As follow up to training in irrigation management planning and implementation, GP3A prepares and carries out irrigation management plan, as well as irrigation management agreement if needed, based on PSETK for its working area, facilitated by Regional Administration, (KPL and TPP). Further explanation about preparation of irrigation management plan can be seen in Attachment 2 Irrigation management plan is prepared in effective guidelines, understandable and applicable, in accordance with real needs in the field, as well as can be accounted for by GP3A. File: kepmen-529-2001 37 6. Preparation and fixing/legalization of protocol of hand over (GP3A level) Hand over of authority of irrigation management from District/Town Region to GP3A with legal status, is described in the protocol of hand over, signed together by Regent/Mayor and GP3A. With the hand over, decision making in irrigation management is carried out by GP3A, and District/Town Administration has the role as regulator and law enforcer, as well as flanking staff/facilitator. For District/Town crossing Irrigation Area, arrangement of hand over is carried out together by the related District/Town and coordinated at Provincial level. 10.3.4 Activities at Irrigation area level (IP3A) 1. The implementation of PSETK preparation at Irrigation Area level (IP3A) PSETK preparation at Irrigation Area level is carried out by each boards of GP3A served by the main networks representing upstream, midstream and downstream areas with the guidance of KPL and TPP Preparation of PSETK is carried out by dialogue and studying networks to formulate problems and their solution, which covers networks physical condition aspects operation and maintenance, farmer institution, farmer business, social and economy condition of the community. One of the main output from PSETK is inventory of channels and structures in Irrigation Area level irrigation networks. The result of PSETK is used as reference in training/building activities, which cover forming, activating and confirming IP3A; planning of IP3A working program; increasing and File: kepmen-529-2001 38 developing irrigation networks; as well as confirming funding of irrigation and farmer business to achieve IP3A developing and self supporting status. 2. Establishment and empowerment of IP3A IP3A establishment process is carried out democratically. After the establishment of GP3A at every secondary networks or every par of Irrigation Area, several GP3A evaluate problems at each GP3A to be discussed in Irrigation Area management scope. Because there is common interest of GP3A in upstream, midstream and downstream area, it is necessary to form IP3A which will manage Irrigation Area to solve irrigation management problems at Irrigation Area level. At medium scale Irrigation Area which consists of several P3As, the P3As form GP3A which has the status and function as IP3A. For small Irrigation Area which consists only of 1 (one) P3A, the P3A automatically assumes the status and function of IP3A. Empowerment of IP3A is carried out by field flanking group (KPL) and the related institution to encourage activities of IP3A institution in institutional/organization aspects, administration, financial, irrigation technical aspect, farmer business technique, entrepreneurship as well as facilitating IP3A legal body status. IP3A is developed as autonomous and self-supporting institution. For that, it is necessary to have training and flanking in organization, administration, finance, business, preparation of Statues/Rule of Organization, irrigation technique, agricultural technique and other activities which will drive IP3A to develop its activities. File: kepmen-529-2001 39 3. Training of planning, implementation of irrigation management Provincial Region or District/Town Region together with KPL conduct training for boards of IP3A, TPP and irrigation management executing manpower at Irrigation Area level about preparation of irrigation management plan, irrigation management agreement and its implementation, as well as farmer entrepreneurship. 4. Preparation of irrigation management plan and its implementation As follow up to training in irrigation management planning and implementation, IP3A prepares and carries out irrigation management plan, as well as irrigation management agreement if needed, based on PSETK for one Irrigation Area, facilitated by Provincial Region or District/Town Region, (KPL and TPP). Irrigation management plan is prepared in effective guidelines, understandable and applicable, in accordance with real needs in the field, as well as can be accounted for by IP3A. 5. Preparation and fixing/legalization of protocol of hand over (IP3A level) Hand over of authority of irrigation management from District/Town Region to IP3A with legal status, is described in a protocol of hand over, signed together by Regent/Mayor and IP3A. With the hand over, decision making in irrigation management is carried out by IP3A, and District/Town Region has the role as regulator and law enforcer, as well as flanking staff/facilitator. For District/Town crossing Irrigation Area, arrangement of hand over is carried out together by the related District/Town and coordinated at Provincial level. File: kepmen-529-2001 40 Implementation process of hand over of authority of irrigation management as described above can be seen in flowchart 1.b. 10.4. Confirmation stage 10.4.1. Activities at Provincial level 1. Confirmation facilitation of hand over of authority of irrigation management at District/Town Provincial Region facilitates District/Town Region in developing information about hand over of authority of irrigation management inter District/Town and increase the capability of District/Town as well as confirms coordination and cooperation inter District/Town in achieving the success of the program of District/Town crossing hand over of authority of irrigation management 2. Implementation of financial assistance Provincial Region carries out financial assistance and stipulates financial administration policy from the Province to District/Town and to IP3A (through coordination with District/Town Region) in the framework of supporting the success of the implementation of the program of hand over of authority of irrigation management at District/Town in a sustainable way. 3. Implementation of monitoring and evaluation of hand over of authority of irrigation management Provincial Region carries out monitoring and evaluation of PKPI program implementation including hand over of authority of irrigation management at File: kepmen-529-2001 41 District/Town, to improve and formulate policy as well as follow up steps in the framework of confirming the success of PKPI program. 10.4.2. Activities at District/Town level 1. Facilitation and coordination of hand over of authority of irrigation management District/Town Region carries out facilitation, confirms coordination and increases the capability of human resources (P3A/GP3A/IP3A and District/Town Ad apparatus) in sustainable participatory irrigation management. 2. Implementation of financial assistance District/Town Region carries out financial assistance and stipulates financial administration policy from the District/Town and to IP3A to support the autonomy of IP3A in sustainable irrigation management. The financial assistance is stimulant in nature and is given with the approval of IP3A. The Government and Provincial Region or District/Town Region can give assistance as the consequence of damaged networks caused by natural disaster or damages which need immediate repair and of big scale, through coordination with IP3A. 3. Implementation of irrigation management audit Irrigation management audit is carried out by District/Town Region with GP3A and IP3A in the framework of maintaining sustainability of irrigation File: kepmen-529-2001 42 management in accordance with the provisions for irrigation management audit regulated in Chapter VII. 4. Implementation of monitoring and evaluation of hand over of authority of irrigation management District/Town Region carries out monitoring and evaluation in all Irrigation Area to improve and formulate policy as well as follow up steps in the framework of confirming the success of PKPI program 10.4.3. Activities at Irrigation Area level 1. Preparation and implementation of irrigation management plan IP3A increases the capability in self supporting way in the framework of the preparation and implementation of irrigation management in its working area. 2. Request for financial assistance to Provincial Region or District/Town Region and other party IP3A prepares request for financial assistance to Provincial Region or District/Town Region and other party in the framework of irrigation management. In principle, the request is based on the willingness of IP3A to collect own fund, which is equal to the requested assistance from Provincial Region or District/Town Region or other party. Confirmation process of the activities of hand over of authority of irrigation management as described above can be seen in flowchart Figure 1.c. File: kepmen-529-2001 43 CHAPTER XI SUCCESS INDICATORS Success indicators of hand over of authority of irrigation management can be measured from the condition before and after hand over of authority of irrigation management, among others: 1. Improvement the quality of physical condition and function of irrigation networks. 2. Improvement of institutional performance of P3A/GP3A/IP3A which among others covers: Increase in the capability of administration and financial management Increase in funding capability Increase in the capability of the boards of P3A/GP3A/IP3A Increase ratio between needs of fund for irrigation management and fee collected; Increase other business to cover irrigation management needs. 3. Improvement of irrigation water services which among others covers: Increase efficiency and effectiveness of irrigation water services in a just and equally distributed way Increase technical capability in operating irrigation networks. Increase efforts to control illegal water usage. 4. Reducing conflict level/intensity and number of problems. 5. Agricultural development among others covers: Increase planting intensity Increase planting area Increase production. MINISTER OF SETTLEMENT AND REGIONAL INFRASTRUCTURE SEAL SIGNED SOENARNO File: kepmen-529-2001 1 Figure 1.a. Flowchart of Preparation Stage of Hand Over of Authority of Irrigation Management Location Description of Activities Province District Tertiary level Note: In PPI activities coordination is carried out on related parties as well as control and supervision on all stages of activities. Study Regional Condition and Potential Formulation of Policy and Implementation Guidelines Socialization of PPI Selection and Training of Trainer (TOT) Coordination of Implementation Preparation Preparation of PPI Guidelines Training of TPP & KPL Selection of Irrigation Area Selected Irrigation Area Impl. of Identification Condition & Problems Result of Identi fication Profile of Institution P3A Passive Activating P3A P3A Developed Socialization /Consultation of PPI&PPKP Profile of Socio Technicak Profile of Socio Economic P3A Active No P3A yet Establishment of P3A Confirming funding of Irrigation & Farming business Coordination of Implementation Preparation Socialization of PPI & PPKP Improvement & Development of Irrigation Networks B C A File: kepmen-529-2001 2 Figure 1.b. Flowchart of Implementation Stage of Hand Over of Authority of Irrigation Management Location Description of Activities Province District Secondary/ Primary/ Irrigation Area level Note: In PPI activities coordination is carried out among related parties as well as control and supervision of all stages of activities . Facilitation of the implementation of PPI at District/Town Planning & Channeling Planning and Implementation of Monitoring and Evaluation Impl. of PSETK prepar ation Result of PSETK Profile of Institution Estbl. of P3A/GP3A PSETK Training with PPKP method Profile of Socio Technicak Profile of Socio Economic Capable No yet Irrigation Mngt Agreement Feasibility Evaluation Preparation of Irrigation Management and Its Implementation C F D Training on Planning & impl. of Irrigation Mana gement Prepar ation of hand over Protocol Legal ization of hand over Protocol Irrigation Management By GP3A/IP3A Regional Regulation and Decree of Head of the Region Planning and Channel ing of Financial Assist ance Sustain ability of Faciti tation Imple ment ation of Mnotor ing and evalu ation Facilitation and Coordination of PPI B A E File: kepmen-529-2001 3 Figure 1.c. Flowchart of Confirmation Stage of Hand Over of Authority of Irrigation Management Location Description of Activities Province District Secondary/ Primary/ Irrigation Area level Note: In PPI activities coordination is carried out among related parties as well as control and supervision of all stages of activities . Facilitation of confirmation of PPI at District/Town Implementation of Providing Financial Assistance Implementation of Monitoring and Evaluation F Facilitation and Coordination of PPI E D Irrigation Management Audit Implementation of Monitoring and Evaluation of PPI Implementation of Providing Financial Assistance Preparation and Implementation of Irrigation Management Plan Irrigation Management Agreement Request for Financial Assistance to Regional Government or Other Party File: kepmen-529-2001 1 Attachment 1: Guidelines for Hand Over of Authority of Irrigation Management to Water User Farmer Association Several Things Which Need to be Included in the Protocol of Hand Over of Irrigation Management I. Basic Information Basic information contains among others: 1. Name and location or irrigation area, including location of main dams/structures; 2. Name of GP3A/IP3A; 3. Type, number and condition of irrigation networks in IP3A working area by referring to situation map and network scheme, as well as list of inventory of channels, structures and equipment (Enclosed) 4. IP3A working area and area of irrigation services; 5. List of P3A and GP3A as well as villages, sub-districts of each P3A and GP3A covered in IP3A area; 6. Number of members and area of land of every P3A; 7. List of names, position and address of boards of IP3A (including length of services); 8. Planting pattern and planting intensity during 2 (two) years before hand over. II. Authority, Rights, Obligations and Responsibility of Central P3A 2.1. Authority Authority of IP3A among others: 1. Prepare plan and agreement of irrigation management; File: kepmen-529-2001 2 2. Carry out irrigation management at IP3A working area; 3. Set amount and collect, manage as well as utilize fee from members for financing irrigation management; 4. Collect, manage and utilize irrigation management fund, either coming from fee of members, business income, or from Government/Provincial Region or District/Town Region subsidy and other party; 5. Carry out monitoring and evaluation of irrigation management activities; 2.2. Rights Rights of IP3A among others: 1. Determine planting pattern and planting system; 2. Get water usage right from Provincial Region or District/Town Region; 3. Get Water Allocation from Provincial Region or District/Town Region; 4. Get right to manage irrigation networks infrastructure; 5. Get right to manage dams which have been handed over (in accordance with provisions and the prevailing laws and regulations at river watershed level); 6. Arrange Statutes/Rules of Organization and carry out sanction to violators; 7. Make it an obligation to beneficiary of irrigation services in its working area to become member of IP3A and pay irrigation management fee; 8. Own land and property as well as make contract with other party; 9. Send request for assistance and facilitation to Provincial Region or District/Town Region or other party; 10. Get protection from Provincial Region or District/Town Region on function of irrigated land; 11. Own voting right in the management of water resources/river watershed; File: kepmen-529-2001 3 12. Determine other party to be invited for cooperation with IP3A, including with Regional Government. 2.3. Obligations and Responsibility Obligations and responsibility of IP3A among others: 1. Plan and carry out maintenance of channels and structures; 2. Organize distribution, supply, usage, and discharging excess irrigation water as well as prevent water pollution; 3. Carry out rehabilitation and improvement of irrigation networks; 4. Maintain sustainability of irrigation networks functions (refer to irrigation networks security system); 5. Carry out Statutes/Rules of Organization; 6. Obey regulation of Government/Provincial Region or District/Town Region; 7. Protect interests of members; 8. Develop farmer business; 9. Increase members’ income. 2.4. Role of Provincial Region or District/Town Region Role of Provincial Region or District/Town Region among others: 1. Applying and enforcing the prevailing laws and regulations in Irrigation Area; 2. Arrange channeling of irrigation management fund coming from local budget (APBD); 3. Give assistance in settling disputes among IP3A and other party. File: kepmen-529-2001 4 4. Observe and study water availability at Provincial Region or District/Town Region; 5. Supply and allocate irrigation water at Provincial Region or District/Town Region; 6. Conservation of water resources at Provincial Region or District/Town Region; 7. Give consultation about planting system planning to IP3A; 8. Providing technical and financial assistance if needed; 9. Empowerment of P3A/GP3A/IP3A in irrigation management; 10. Carry out irrigation management audit periodically together with IP3A; 11. Carry out monitoring and evaluation in the field of irrigation; and 12. Carry out protection on function of irrigated land. 2.5. Relation between IP3A and Provincial Region or District/Town Region Relation between IP3A and Provincial Region or District/Town Region among others: 1. Explanation of position of IP3A in irrigation commission; 2. Explanation of position of IP3A in water resources regional council; 3. Procedures for requesting and receiving technical and financial assistance from Provincial Region or District/Town Region; 4. Irrigation management agreement between IP3A and Provincial Region or District/Town Region and/or other party in the framework of irrigation management cooperation; 5. Implementation procedures of irrigation management audit between IP3A and Provincial Region or District/Town Region; File: kepmen-529-2001 5 6. Dispute settlement procedures; and 7. Services contract implementation procedures between Provincial Region or District/Town Region and IP3A in emergency situation or special occurrence, for example natural disaster. 2.6. Cancellation of Hand Over of Authority Cancellation of hand over of authority of irrigation management is carried out with the following provisions: 1. Reason/base of consideration for temporary cancellation of hand over of authority of irrigation management if: a. IP3A is not supported anymore by majority of members; b. IP3A purposely changes majority of functions of irrigated land for activities outside agriculture; c. IP3A purposely destroy or changes functions of irrigation networks without permit from Provincial Region or District/Town Region; d. IP3A did not carry out maintenance of irrigation networks that caused the networks is not functioning anymore; and e. IP3A violates main provisions mentioned in the protocol of hand over of authority of irrigation management. 2. Procedures for hand over of authority of irrigation management is as follows: a. Provincial Region or District/Town Region together with GP3A/IP3A carry out irrigation management audit; File: kepmen-529-2001 6 b. The result of irrigation management audit is studied together as the base for consideration in cancellation of hand over of authority of irrigation management; c. Provincial Region or District/Town Region together with GP3A/IP3A make protocol of cancellation of hand over of authority of irrigation management; During cancellation period of hand over of authority of irrigation management, Provincial Region or District/Town Region is obliged to carry out empowerment of IP3A to overcome problems which cause failure of irrigation management, except for reason as mentioned in point 1.b. In the implementation of Protocol of Hand Over of Irrigation Management it is necessary to support with several documents as follows: Attachment a : Situation map of IP3A working area Attachment b : Inventory of irrigation networks Attachment c : Security Procedures for Irrigation Networks File: kepmen-529-2001 7 Attachment 2: Guidelines for Hand Over of Authority of Irrigation Management to Water User Farmer Association Several Things Which Need to be Included in Annual Irrigation Management Plan 1. Objectives of irrigation services Objectives of irrigation services among others cover: a. Main objectives of farmer business which will get irrigation services in the working area of GP3A/IP3A; b. Objectives of irrigation management services in the working area of GP3A/IP3A; 2. Detailed irrigation services Detailed irrigation services among others cover: a. Base for supply, distribution, provision and discharge of ir water, which among others cover criteria, priority and arrangement procedures; b. Plan for distribution, provision and discharge of irrigation water at each location of distribution structure/water gate, time of supply, period of supply, and water debit; and c. Determining parties which will carry out various types of activities, place and time of implementation, as well as implementation procedures of irrigation water services. 3. Detailed activities of irrigation networks maintenance and repair Detailed activities of irrigation networks maintenance and repair among others cover: a. Maintenance requirements and minimum functional condition of channel and structure which have been set; b. Networks study and inspection plan; c. Routine maintenance plan of irrigation networks which covers implementation method, work volume, implementation schedule, party which will carry out the work, File: kepmen-529-2001 8 as well as types of activities, among others cutting grass and cleaning mud from channels, making border line for security, as well as lubrication and painting of water gate; d. Irrigation networks repair plan which covers implementation method, work volume, implementation schedule, party which will carry out the work, as well as types of activities, among others repairing bank of channel, covering holes on channels, and repairing distribution structure; 4. Financing of irrigation management Financing of irrigation management among others covers: 1. Budget plan based on real needs; 2. Expenditure plan for each activity; 3. Determining amount of fee, form of contribution (money/manpower/material/goods), and their collecting method; 4. Estimated available cost from P3A/GP3A/IP3A itself for irrigation management; 5. Estimated needs for assistance which will be requested from Provincial Region or District/Town Region or othr party; 6. Fund management plan and determining the executor, implementation method, time, location and types of activities, among others fee collection, financial recording, and fund utilization. 5. Activities of organization Activities of organization among others cover: 1. Consultation meeting plan between users and members which will discuss problems and policy to be taken in irrigation management; File: kepmen-529-2001 9 2. P3A/GP3A/IP3A meeting plan with Provincial Region or District/Town Region and other party, which will discuss about irrigation management cooperation. 3. P3A/GP3A/IP3A human resources development plan, among others increasing the capability of the boards and workers as well as adding or reducing GP3A/IP3A personnel; 4. Legal and administrative activities plan with Provincial Region or District/Town Region and other party; 5. Monitoring plan and preparation of report; 6. Irrigation management audit implementation plan. 6. Irrigation Management Agreement If IP3A will make regulation for management cooperation with Provincial Region or District/Town Region or other party, the irrigation management plan must be completed with irrigation management agreement signed by both parties. Decree of Minister of Settlement and Regional Infrastructures No. 529/KPTS/M/2001 About Guidelines for Hand Over of Authority of Irrigation Management Dated December 10, 2001 December 12, 2001 Secretariat of Working Group for Water Resources Sector Policy Reform Bappenas, Building–F, Fifth Floor, Jl. Taman Suropati No.2, Jakarta, Indonesia No. 12 d