Government Regulation on Irrigation (No. 23 of 1982)

GOVERNMENT RECUlAnoN OF 11fE REPUBUC OF INDONESIA NUMBER 23 OF 1982 ON IRRIGATION PRESIDENT OF 11fE REPUBUC OF INDONESIA. Considerinc that : a. in the ffame-work of implemenl~lion of uw Number II of 1974, the Government Regulation Number 22 of 1914 on Waler ~ll2g~m~nl Repblion has been promuJpted r~guIating all efforts for waler mall2gcmenl such ;as the r~l of use. "on trol, marggemeol, uliliulion. processing :and policing of wale. and waler resources for Ihe optimiution of benefits with a view s;&lIsfying the vilal needs of die People: b. based on I~ provision of Arlicle 10 uw Number II of 1914, the Govemmen~ shall promulgale specifac W2ter resources r.unasemenl poIicin in accordance with its s:alutory funcliuns and po~n, induding irriplion ; c. AIgem«n Wa1errqlemcnt 1936 Staalsbbd 1936 Number 489 (GOftrnmenI ~mue 1936 Number 489) especaIly Chapler III governi"l irriptioa system is no longer in confirmily wilh lbe present silU:llion ; d. for:all d~ purposes. the Cowmvnent Regublion on Irriplion shall be promulgated. 10 be used as IqzI foundation ; 63 HEREBY PROMULGATES: Coal"II'ID : THE GOVERNMENT REGULATION ON IRRIGATION CHArTER I Put One DEFINITIONS Altide I. In this Government Regulation, the following terms shall have the following meaning : 3. Government is Government of the Republic of Indonesia. b. Minister is the Minister who is responsible for water resources development. c. Region is Provincial Region. d. Local Government is Provinci3.1 Government. e. Governor is the heat! uf Provinci21 Governor. f. Authorized ~:''J is official asSigned by and acting for and on behalf of Governor. g. Vilbge is an area aceupied by a group of People as a community having :a smallest adminisunive unit directly under Canut (Head of Sub Regency :administration) entitled to run their own interna! affain within the Republic of Indonesia. h. Subak is traditional orqization based on socio religeous ap-arian system of historically pows and develops as I water mana&e ment system orpnizalion 00 the farm lnel. 65 L lrrig.lion is water supply and rc,.~tion '0 support apicultwal pwpo~. j. lrngat.lOO Detwork is canals and structures as S)'Item functionin& for supply diversion distribution ~c1 use of irriptioa water. k. Iniptioo area is and area beinl 1IT1&ated by ooe irription water. 1. Irrigation block is a piece of ~lripted land. m. Tertiary block is a poup o' irrig.tion block which is I system irrigated by the ume .tertiary amI. n. Supply of irrigation walel is d'etermination amount of water allowable to support agricuIt1lr4l1ipurposcs. o. Distribution of irrigation water is the discharge of water exe cuted by authoriud party from the main iniptioo Detworks up to tertiary cana.ls. p. Allocation of irrigation water is ~tioning water from the main irriptioo networks to tertiuy b1octs. q. Irri&ation water use is the utilization of water at the farm level. Pan Two. AllTHORl1Y Of MANAGEMENT OF lRRlCAnON WATER. AND IRRICATION NETWORK Attir-k ~. (1). The management aDd recuJat...ot: of irriptioa water and irription networks tosether with thW aaessory structure within PrOYiJI. cia! aiea jurisdictioa sball be d~pted to the reJennt Local Governmeut IUbject to the ~cwiasioas or this Goftmment Regulation, UDlcss 0IherwiJe rowemed by Goftmmart Rep lation or Law. 66 r-). The management of irription water and irrigation networks together with their xcessory structures within tertiary blocks, Oesa irrigation and· SubaJc shaD be delegated' to the water user farmers ur Desa or Subak under the administration of Local Government takins into account the provinSlons of this Govern ment Reguliltion. ). The management of irriSiltion water and irrigatio« networks together wilh their accessory structures. constructed by corpo ration associations and indiriduals shall be delegated to the relevant corporations, associations and individuals takins into account the provinsions of this Government Regubtion. Part Three INVENTORY OF IRRlCAnON NETWORKS A.rtide J. 1). The irrigation networks together with their accessory structures manased by the Local Government shalJ be registf2ted by the Local Covernment concerned IepJized by Minister. ~). lrnganon networks as well ;as 34:c~ries structures thereof as "referred ro in ~rticle ~ paragraph (~) and paragraph (3) o( this Government RelUJation shall be rqisured and reponed by everyone concerned to the COftrtlOf concerned for authoriation and registered as referred to in the paracraph (I) of this Article. ll. The register Itlahud by the Minister stWl be valid for S ye2l'S. ;). For promulgation of further dnclopment plan the Governor shaH submit tbe register as refered to ~n paf2sraph (1) :and (1) of lhis Article to the Minister not Setter than end of the fowlh year of eYery developrnent En. 67 (5). Any modilkatioo o( the reglste' u referred to ill panaraph (3) of this Article. dW1 be m.ult: in lepuate rqister nay year ua4 shall be submitted to the Minister at the cod of fust quarter of every fllCal yeu. OIAI'TER. U. IRRlGAnON WAn:R SUPPLY Part o.e PRINCIPLE Anide 4. Basically iuiption water shall be ,supplied (or waterin& crops. hut in establishin& the supply it is also neccssuy to consider needs for tettkmeat. animal husbandry. fresh water fishery ill the irriptioD areu. Put Two. PLANNING Article s. (l). P1anninc for irription water StI!'P1y to meet the Rqiooal Deeds shall be udjudicated by the Minister OG the basis of proposal by the GOYefDOr concerned. (2). Institutioo. Assocution. [hsa. Subak and indiYidual who needs irriptioo water (01 their t'urpOses abaU submit their application tosether with its plan (~! a lxaace to the Goftmor fO( appronl and Iqislatioll. (3). The ticcocin& procedure .IS rderred to ill parapaph (2) of this Article. sbaU be "based 011' the ticmcina proYiJCIII ,o,aJled by Local GoYerament Rqulltioa·OD Irriptioll. Put Three iMPLEMENTATION (I], Supply of irrigation water based on the plan adjudicated by Minister JS referred to in the Article 5 parqraph (1) of this Government Regulation. shall be implemented by the Local Government concerned. (2). Institution. Association. Yi1lage, Subak and indiYiduais may carry out construction of irrigation networks for their neces sities after holding water utilization licence issued by the Go , verner. Part four PROCEDURES Article 7 (I). Irrigation water is supplied and utilized to obtain optimum yield of ;all agricultural efforts which get benefits from irription water. (:n lrrigauon wolter stull be supplied to meet the requirement of agricultural efforts in the amount and time required by 1ll crops in accordance wilh the ~ready specified cropping pattern, l3). To achieve the objective as referred to in paragr:aph (I) or this Article, it may be nec~ry to discharge water from surplus water areas to shortase water irripted areas. Article 8 (I). Governor shall determine tertiary blocks which reeeiee water through out the year, tertiary blocks which reeebe water only 69 in tM ramy seasons ..nd tcnwy ~o~kswhich receive waler emly In the dr..) senuu~ supplemented "",nh the its location, bounda nes and siz~ specifrcauon of each viUage. C!). Any conversion of land use for m. " field or otherwise thereof ~1thin an established irrigation area sha.ll have Ln advance licence isSUN by Loal Co.ernmenl in accordance with prevailing lelis lauon. Licence holders of Wlter utilization frl.~l a Wiler resources for their concern milY use the existing irrigauon canals to discharge water they need under certain conditions adjudicated by authorized party. CHAP'fER aJ Dl~IRlHUT10N ANDALLOCATlONOf IRRIGATION WATER Article 10. ( I). Dismbuuon and allocauon of iIri~..non water shall be [or ~ter· JOg crops the already establis.~ land as referred to in Article 8 paragraph (1) of this Government Regulation. i (2). Crops out of the already estabhshed land as referred in para graph (1) of this Article may use irrigation water if it is surplus after having pernusicn from the aurthorized party. Altidc: 11. (I). Distribution and allocation of irrigation water for fresh water fishery sJW1 supply prOYisioo IS ieferred to in Article 10 para paph (1) of this Govemmen! Racubtion. (2). Fresh waler fIShery out of 1M fl':"'A water fishery IS defaned in 70 paragraph (l) of this Article may use irription wat~r if it is surplus after haYinl permision from authorized party. AI1ide 12. (I). Within the frame work of appropriate and effective distrioution and allocation of water, Local Coverrunent sha:J establish irrila tion period for every irription area not later than one month before the bcginin& of the cultivation season. (2). In implementing provision as referred to in paragraph (1) of this Article, the Local Go¥enunent may establish priority of irriga tion water distribution in accordance with local situation and condition. in case the irrigation water debit is not suffICient to meet the requirement. (3). In case irrigation water debit is not sufficient to meet crops requirement on the already established land prevention ao any harvesting failure of the existing crops. WU be : a. irrigation water shall only be allocated for already existing crops ; b. when necessary distribution of irrigauon water may be reduced or rationed among tertiary blocks. (4). Distribution and allocation of irrigation water as referred in paragraph (I) of this Aniele. shall not minimize Local Go¥em. ment obligation to allocate irrigation W2ter for domestic use to meet daily basic needs in the urban areas and for fire prevention use, in accordance with the principle as adjudicated in Article 4 of this Government Resulation. Article 13. ( I). The Local Government may determine schedule of the parti4lJ irrigation network to be drained for inspection and repair. 11 (2). Time for drainage or p2lti~ 'Irig~li<on nctwolus as referred to in paragraph (I) of this Article wU be accurately selected and shall be nonfied to water users ..t least two weeks in advance. (3). Drainage period longer than ~ {tYt'oJ weeks ir every season sluill only be executed in case of emergency or under permission by Governor. Article J4. (I). Allocation of irrigation water intq tertiary blocks slWl use the already established diversion structures. (2). Distribution and diversion structures shall be equipped with waler measuring device and baud (or notes distribution and allocation of water. In executing distribution and ~lbcated of irrigation water shall ignore the existing agreement amon~ indIvidual irrigation water users. A.rtide 16 Temporarily cease or reduction of distribution and aUoation of irrigz tion water may be exercised by the authorized party. in case water user fumers community tithe: because of nepigeoce or with intention did DOt well mainuia 'ertialy or quanery canals which entitle to let water. CHAnER IV IRIUGAnON· WA":"a USE PIrt 0., Adlda '7. lrriptioo water use sha1I oaly be r.DowecI by iatakiDI water (rom tertiary or quartery canals at predetermined diversion point by the authorized party. AItidc 18. (I). Irrigation water -use within tertiary blocks shall b: executed water user farmers community themselves following technical guidance and other policies established by the Local Govern ment concerned. (2). To implement the execution of irrigation water use in one or more tertiary blocks. water user farmers community shall appoint one or more water distribution executor. Article 19. (I). lrrigarion water use in the tertiary blocks for industrial crops already licenced by the authorized party based on prevailing legislation shall be afraD&ed by giving priority to food crops in the ~ighbouring irrigation blocks. (2). In case irrigation w:ater dischange is not sufficient to meet the needs of industiaJ crops and food crops simultaneously andaveragely, the water use may be regulated in rotations on the basis of decision of the refevant Governor. Put Two ASSOCIATION OF WATER USER'S FARMERS Article 20. (I). Subject to the development of irription areas, t~ Local Go Yernment establish the formation and developmenc of the asso ciation of water user's fumers ~ich orpnizatiQna11y tecJmi· cally. and financially capable to handle comtrueticm, rehabilita. tion, oper2tion and ~tenance of irription on networks 73 together with their accessory strue ~res in the tertiary blocbA, quartery blocks. Desa and Subak" (2). Any party who uses irription u-atel, either indiYiduals or corpo rations and associations shall become the memxr of the As1o ciation of Water User's Farmen. (3). In the implementation of the provisions as defined in the para· Iraph (J) of this Article. the Des", Adminis~ratiion shall BiYe assistances. Part Three DIRECT WATER USE FROM WATER RESOURCES Artick 21 (l). Provisions as defined in the ".rticle 18, Article 19, and Article 20 of. t.'Us Government ReguJati~l shall also be valid for the community of water user's fume" ~n the Desa Irription and Subak in accordance with the locaf,:onditk>n. (2). Undergroend water uses for irrigation shall have licence issued by the Local Gowerrunent with" the technical recomendation flom the Mi.-aia'~i responsfble for underground water resources. CHAPTER V IRRlCAnON WATER AND IRRJCAnON NElWOIUCS FOR 011fER PURPOSES Article 22. (I). Subject to the Article 4 of '!tis" Goftmment Rqulation. in accordance with the local coniition. irription watert~ with the networks thereof Ina) be used freely for the followi,. mattto : 74 a. domntic pufposfS ; b. fire protection ; c. non commercial nnilation ; d. rlShin&; e. to drink and water animals ; ~ Matters as defined in the paragraph (I) of this Article stull only be exercised provided no quantitatree damage is caused thereby to the water, networks and appurtenant land thereof. ~ Provision as deflned in the paragraph (2) of this Article also valid fOI extracting by hand shall quantities of sand, gruel, stone in the irrigation networks. Artide 23. "Ie use of irrigation wa.ter and irrigation networks other than for rposes as defined in the Article 22 of thi~ Government Regulation 111 have licence issued by the GoYemor. CHAP'TERVI DRAINAGE Artide 24. I. For good regulation of irri~tion water and to meet agricultural technique requiremeats, every construction of irrig:nion network shall be undertaken together with the construction of drainage networks as absolur« part of the relevant irrigation networks. ). Return now of irllptinn water to I vnter resources through drainage networks shaD ~ subject to Ind meet the water quality control and pollution preftntion qualifICations in accordance with the existing legislation. 75 (3). Community stuU participant in nuintaining uninterrupted Iune tion draina&~ n~tworks and shaH not, install structures or others which lI12y interfere wat~r now. (4). Drainage water because for irri~lli(lh may be exercised under certain requirements determined by "'"2ter resources administra tion. CHAPTER VI. CONSTRUcnON OF IRRlGAnON NETWORKS Article 25. (1). Construction of main irrigation networks together with their accessory structures shall be undertaken by the relennt Local Government. in accordance with waler supply plan established by the Minister as defined in the Article S of this Government Regulation. ('::L Subject tu the capability of the uk-·jl Government.jbe 16uvern· mcnt may give aUbtan':e to undertake construction of the main irrigation networks. (3). Corporauons, associations or i(ldi~1dU31s shall undertake the construction of irrigauon networks together with their acees sury structures in ..c~ord2nce with the provisions IS defined in the Article 5 paragraph (3) and Anicle 6 paragraph (1) of this Government Regulation. Article 26. (1). Construction of Desa irription networks, Sub:ak irription networu, and irrigation networks .in tertiary block shaU be undertaken by community of water user's farmers subject to the ptovisions in the Article S puagr:lph (2) and Article 6 para graph (2) of Q1is G<nemment Rt:~uJa1ion. 76 n. Subject to capability of the community. the Local Go.emment may give assistance in heayY pbnning and construction or irri ption networks for the relennt community. AItide 21. ",yone shaD not modify or demolish structures or canals in irription ttworks or accessory structures without any licence issued by the ;oVeTnor. OIAPTER VID OPERAnON ANt; MAINTENANCE OF IRRIGAnON NElWORICS. Puts ODe FUNCTION AND RESPONSIBIUnES Article 28. ). Operation and maintenance of irrigation networks together with their accessory structures from the intake structures into the tertiary canal 50 meters downstream of the diversion structures shall be the function and responsibility of the Local Government. ). Operation and maintenance of Desa irrigation. Subak irrigation and irrigation in the tertiary block together with their accessory crrucrures shall be the function and responsibility of the com munity of water user's r~rmers. .). Operation and maintenance oriJri!ation networks together with the accessory structures belonging to the corporation, asso ciations, individuals shall be the function and responsibility or the owners. Artide 29. ). For exercisins opent ion and maintenanee of irrigation networks 77 2S d~lined in the Article 28 paraguph (I) of this Government Regulation. on a certain extent and subject to the condition and capJbtlily of the relevant Region. the Government may give assistance in accordance ....th the procedures established by the Minister. (~). For exercising operation and maintenance of irription networks as defined in the Article 28 par:a17ap~ (2) and paragraph (3) of this Government Regulation the Government or the Local Government shall Bive required tC\:hnical guidances. Part Two. PROTEcnON OF IRRICAnON NETWORKS AND ACCESSORY STRUCI1JRES. Article 30. In the operation and maintenance of irrigation networks. the Local Government shall also regulate provisions on protection of ensuring uninterupted function of irrigation networks together with accessory structures within relevant ReBion. Article 31. (I). The local Government shall es...~lis~ rrotection zone along and around canal bodies and irription str-ictures, (2). To avoid Iny loose of water. nre local Government shall have authority to establish provisions to prohibit excavation in certain range outside protected zone as defined in paragraph (I) or this Article. (3). Anyone is prohibited to install. modify or demolish structures other than as defined in the An;cle 21 of this GoYemment Regulation existed within aoo.e or across irription networks. 78 without licence issued by the relevant Local Government Rep. lation. (4). Provisions as defaned in the parqraph (I). paraKraph (2), and paraKJ'aph (3) of this Article dlaU be further subject to Local Government Rep!ation. Article 31. Community iha1I parueipste aetmly to maintain the function of irrigation networks together with the accessory structures. CHAPTER IX FINANCINC Part One flNANONG Of THE CONSTRtJCnON Of IRRICATION NETWORKS AND 11fE ACCESSORY STRUCIURES Article 33. (1). Financing for the construe:tuoD of main irription networks together with their ICCeSSOfY structures shan be borne by the Local Government. (2). Subject to the capabo.!ity of the relevant Local Cmemment, the GoYernment may gift assistance in rmancinK for the eee struction of main .irrilation networks together with their seees sory structures. (3). FinancinK for the COftStruction of Desa irription. SubaJe frri. ption tosether their accessory structures and tertiary and quartet)' networks directly benefitinl fOf the production as defined in the~ 14, Article IS, Article 16, Article 11, Article 18, Article 19, and Article 20 of this Goftrnmem Regulation, shall b~ bc-me by the relennt COInm'.JlUty. 19 (4). Subject to social and economic condition of the rele¥lnt com munity of water benefleeries , the LoaJ Goftnunent up to certain extent may give assistance in !inancinl the construction of inigation network as defineci in ~he parasnph (3) of this Article in accordance with the procedu~cs established by the relennt Goftrnor. Corporations, associations or individu.··.b h.avinalicence to construct irrigation networks together with the~ structures shall bear the financing thereof. Put Two. OPERAnON AND MAINTENANCE OF lRRlCAnON NETWORKS AND ACCESSORY STRUCTURES Article 35. (I). Financing foc operation lind maintenance ofiniption networks together with their accessory !tructu~ as defined in the Article 28 paragraph (l) of this Covernment.Repfation, shall be borne by the Local Government. (2). Subject to the capability of the relennt Local Government. lhe Government rmy sift assistance in financinc fOf the operation and maintenance of the irrig3tiO!l networks tosether with the accessory structures. (3). Communities directly benefitin! from existinl irription net works as defined in the Article~ oftt.:~eo.ernmentReplation may be ~im1 to share the ramncin& fot operation and main tenance of the irriIation networks and their accessory structures in the form or contribution. 80 (4). Financilll for operatioa and nWntenance of iniption networks together with their accessory structures as defU1e1S the Article 28 parasraph (2) ~I'd parqrapb (J) of this GOftmInent Rqull tion shaD be borne by the respeGtift owneR. (5). Subject to social utd economic conditions of the relennt com munity of water beneficiaries the Local Gowernment up to certaln extent may poe assistance for the operation and mail\. tenance of irription networks tosether with the:r accessory structures as defmed in the Article 28 paragraph (2) of this Government ResuJation. in accordance with the procedures established by the C-mernor. CHAPTER X METHOD OF IRJUGATION MANAGEMENT Part One LOCAL GOVERNMENT REGUlATION ON IRRIGATION Article 36. IS a guideline for the irrigation manqement method in~ Region. !Ie Local Government ResuJ,tion on irription shall be established I accordanee with the promions of this Goftrnment Reptllion. Put Two COORDINATION Artide 31 I). To meet the irrigation water needs for ftrious 1IIetS. the Go mnor shall create comuIutift forums at the Prorinciallnd and at the Rqency leftl respecti.ely stated IS Prcmnciallrrip lion Committee and Ilq:enc:y Irription Committee. 2). Irription CommJrtea shaD haft fuDCtioM to assistant the 81 Governor in the supply~ distribution: and allocation irriptioft water for crops and other purposes. (3). The composition of Provincial Irrigation Conunittee as def'med in the paragraph (I) of this Article shall coMsl of : I. Co¥emor as Chairman ; 2. TIle hishest Pro¥incial water resources offacer as Secretary ; 3. Other hi&hest technical agencid reJnut to irriIation mat ten in the Pro'rince as members (4). The composition of Rqency (rriptlon Committee as defined in the parauaph (I) of this Article ~ half consist of : I. Regent as Chainnan ; 2. "The highest water resources offlcer of the Pnmncial Public Works Service for the relevant Regency area as Secretary ; 3. Other highest technical ageOncies ~levmt to irription mat ten in the Regency as members. Article 38. In disharging it's functions, the Irrigatio~ Committee holds the ri.Jllts to call relevant penon for attending the meeting of the Did Com mittee to give needed infonnations. Article 39. (I). In case irrigation matten eevered more than one Regency areas, meetinl among Regency IrrilJtion Committees may be hold, chaired by Goftmor or other cfflCW assiped by the Gowemor. (2). Conclusion at the intenneetinl as defined in the parap-aph (I) of this Article shall bind the rel~Yant (rOption Committee. 82 Article 40. me further pr:msion on the matters of Irrigation Committee. shall be establiwd by the rdenn. Govemor, CHAPTER Xl SUPERVISION Article 41. I). The Governor and the water resources officials Issi~d b) the Govermor shall supervision the implementation of the provision of this Government Regulation. (2). The officials defined in the paragraph (1) of this Article stull submit report to tf~ responsible officers any offence arise in the inplementarioe of this (:oytrn~nt Regulation. CHAPTER XII PENAL PROVISION Artide 42. (I). Anyone who ContrneNS the provisions of the Article 6 pan graph (2). Artide 3 paragraph (2). Article ~3 and Article ~7 of this ~rr.ment Re~latjon shall be liat-Ie 10 the ~nalties spe cifted at the Artid: IS of the law No. II of 1974 on Water Resources Development, ·01AP'IER XlD MJSCEU..ANEOUS PROVISIONS Article 43. (I). Matters on irrigation ueas relennt to more than one Regjon may be jointly settled by tM relevant Regions in accordance 83 with the provision of the Law Number S of 1974 Oft Local Government Administration. (2). Further pro¥i.sion on the implel!ien~:ion or this Go¥emme!'t Regulation. shall be replated by the relnant Minister either individually or jointly. . CHAPTER XIV TRANSITORY Pr..OVISIONS Article 44. The Local Government Rczulations i ;sue,-! on the basis of Algemeen Waterregiement and Algemeen W.'!ter, Scheersverordening shaU continue in force as long as the Regulati;... not contradictory to this, GOVeernment Regulation and until ne', Regulation are issued as provided for in this Uw. OfAPTER XV FINAL PROVISIONS Artidc 45. By promulgauon of this Government R~guJationt Chapter III A1ge meen WaterregJement 1936 (Staatblad 1~36 Number 489) and Alge•. mer" Water Bcheersverordening (St:aalblad 1936 Number 559) are hereby repealed. This Government Regulation shall enter into force on the date of the issuance. In order that eYerone shan know : sereof, this Regulation nU be published in the Government GIU1: e of the RepubliG of Indonesia. P:omuIptecl in Jakarta On the 12ad or Aupst 1982 1lfE PRESIDENT OF mE REPUBUC OF INDONESIA Sipecl by, SOERARTO Published in JabJU On the 12nd of Aul'Jll J982. THE MINISTER/SECRETARY OF SfATE Si~d by. SUD H ARM 0 N O. S. H. GOVERNMENT GAZETTE OF ms REPUBUC OF ONDONESIA OF 1982 NUMBER 38. as