Water (Resources) Regulations, Legal Notice No. 58 of 2025

Microsoft Word - L. N. water act (resources) doc.doc SPECIAL ISSUE 551 Kenya Gazette Supplement No. 34 7th March, 2025 (Legislative Supplement No. 24) LEGAL NOTICE NO. 58 THE WATER ACT (Cap. 372) THE WATER (RESOURCES) REGULATIONS, 2025 ARRANGEMENT OF REGULATIONS Regulation PART I- PRELIMINARY 1—Citation. 2—Interpretation. 3—Objects of the Regulations. 4—Units. 5—Application. PART II – PRESCRIPTION OF WATER USE ACTIVITIES 6—Water use activities. 7—Requirement for a permit for water use activities. 8—Categorization of water resource use applications. PART III – PERMIT OR OTHER AUTHORITY FOR WATER USE 9—Application for a permit. 10—Temporary permit. 11—Verification of existing permits. 12—Water use to be appurtenant to land. 13—Wayleaves, easements etc. 14—Consent of owner of works. 15—Use of existing works in the public interest. 16—Approval of Category A applications. 17—Category B, C and D water use applications. 18—Maps to accompany applications. 19—Technical report. 20—Stakeholder comments on applications. 21—Public notification of Category C and D permits. Kenya Subsidiary Legislation, 2025 552 552 22—Objection to water use permit application. 23—Site meeting. 24—Rejection of application. 25—Authorisation to construct works. 26—Limitation on authorisation. 27—Extension of authorisation. 28—Register of authorisations and permits. 29—Completion certificate. 30—Application for water use permit for surface and groundwater. 31—Water use permit validity period. 32—Water resource user identification number or security code. 33—Permit fees. 34—Conditions of water use permit. 35—Transfer of permit. 36—Variation of permit by permit holder. 37—Variation or cancellation of permit by the Authority. 38—Renewal of permit. 39—Register of approved water users, water uses and permits. 40—Permit or authorisation not a defence. 41—Public notification of authorisations and permits. 42—Compliance with other laws. PART IV - SURFACE WATER 43—Surface water allocation. 44—Declaration of a water course. 45—Boundary of properties defined by a watercourse. 46—Wetlands. 47—Land Reclamation. 48—Requirement to obtain permit after land reclamation. 49—Allocation of water for irrigation. 50—Hydro power. 51—Works associated with fish movement for protection and control of fish. PART V – GROUNDWATER 52—Groundwater development authorisation. Kenya Subsidiary Legislation, 2025 553 53—Regulation of groundwater development. 54—Borehole and well test pumping. 55—Supervision of works. 56—Borehole or well completion record. 57—Issue of groundwater use permit or approval. 58—Groundwater conservation. 59—Artificial ground water recharge. 60—Groundwater data. PART VI - WATER QUALITY MONITORING AND EFFLUENT DISPOSAL 61—Control of water pollution. 62—Spillage. 63—Water quality monitoring. 64—Water quality, liquid effluent disposal and effluent discharge data. 65—Water quality sample procedure. 66—Pollution control enforcement. PART VII – WORKS 67—Inspection of works prior to, during and post-construction. 68—Temporary works. 69—Abandoned works. PART VIII – CONDITIONS ON AUTHORISATIONS, PERMITS AND APPROVED WATER USES 70—Compliance with the Environmental Management and Coordination Act. 71—Inspection. 72—Controlling devices and measuring meters. 73—Application programming interface for automated meters. 74—Penalty for failure to use automated measuring device. 75—Limitation of flow or quantity. 76—Collection and submission of abstraction, water quality and effluent discharge data. 77—Airline. 78—Inspector. 79—Water resources data. 80—Register of water bodies. Kenya Subsidiary Legislation, 2025 554 554 PART IX - WATER USE CHARGES 81—Water use charges. 82—Annual adjustment of water use charges. 83—Review of water use charges. 84—Automated measuring device. 85—Claim on arrears. 86—Penalty for over-abstraction. 87—Groundwater conservation charge. 88— Rebate of premium payable. 89— Interest for late payment. 90— Failure to pay water use charges. PART X- CONSERVATION OF RIPARIAN AND CATCHMENT AREAS 91—Determination of the riparian reserve. 92—Demarcation of riparian reserve. 93—Proscribed activities on riparian reserve. 94—Orders related to riparian reserve. 95—Soil and water conservation policies. 96—Soil and water conservation plan. PART XI - WATER RESOURCE USERS ASSOCIATIONS 97—Registration and operation of water resources users associations. 98—Water resources users associations operations. 99—Memoranda of understanding. 100—Register of water resources users associations. 101—Suspension of water resources users associations. 102—National water resources users associations. PART XII– BASIN WATER RESOURCES COMMITTEES 103—Designation of basin areas. 104—Consideration of Category B, C and D applications. 105—Quorum of basin water resource committee. 106—Regional offices. 107—Publication of Committee Reports. Kenya Subsidiary Legislation, 2025 555 PART XIII - PROTECTED AREAS AND GROUNDWATER CONSERVATION AREAS 108—Identification of protected or designated groundwater conservation areas. 109—Criteria for groundwater or catchment area. 110—Public consultation. PART XIV- THE RESERVE 111—Composition of the reserve. 112—Reserve Quantity. 113—Information on and protection of the reserve quantity. PART XV – REGISTRATION OF WATER SECTOR PROFESSIONALS 114—Categories of water sector professionals. 115—Licensing of water sector professional or contractor. 116—Establishment of the Technical Advisory Committee. 117—Persons qualifying for a water sector professional licence. 118—Professionals holding non-Kenyan qualifications. 119—Application for a licence. 120—Professional interview. 121—Water sector professional licence. 122—Codes of practice for water sector professionals. 123—Register of water sector professionals. 124—Complaints against water sector professionals. 125—Validity of certificates, documents or plans. 126—Misrepresentation of as a licensed water sector professional. PART XVI - LICENSING OF CONTRACTORS 127—Categories of contractors. 128—Criteria for contractors. 129—Application to register as a contractor. 130—Contractor licence. 131—Verification of necessary and valid authorisations. 132—Complaints against contractors. 133—Register of contractors. 134—Misrepresentation as contractor. Kenya Subsidiary Legislation, 2025 556 556 PART XVI – MISCELLANEOUS 135—Recognized water quality laboratories. 136—Orders of the Authority. 137—Complaints Mechanism. 138—Revocation. SCHEDULES Kenya Subsidiary Legislation, 2025 557 THE WATER ACT (Cap. 372) IN EXERCISE of the powers conferred by sections 142 and 36(d) of the Water Act, the Cabinet Secretary for Water, Sanitation and Irrigation makes the following Regulations— THE WATER (RESOURCES) REGULATIONS, 2025 PART I-­PRELIMINARY 1. These Regulations may be cited as the Water (Resources) Regulations, 2025. Citation. 2. In these Regulations, unless the context otherwise requires – “abstraction” means the taking of water from any water resource, either permanently or temporarily;; “Act” means the Water Act;; “airline” is a tube installed in a borehole or well for the purposes of measuring the water level;; “alteration” means any physical change in the depth, diameter, casing, screen or any other structural change in an existing borehole, or any consequent change in permit yield as a result of an approved variation;; “analysis” means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect whether physical, chemical or biological on any segment of water;; “aquifer” has the meaning assigned to it in section 2 of the Act;; “artificial groundwater recharge” means the intentional augmentation of groundwater resources by directly improving the infiltration of water to a target aquifer through the construction of suitable recharge structures;; “Authority” has the meaning assigned to it in section 2 of the Act;; “authorisation” means authorisation issued by the Authority to construct works;; “basic human needs” is the quantity of water required for drinking, food preparation, washing of clothes, bathing, basic sanitation and is assumed to be equal to twenty-­five litres per person per day;; “basin area” has the meaning assigned to it in section 2 of the Act;; “basin water resources committee” has the meaning assigned to it in section 2 of the Act;; “basin area water resources management strategy” means a document that has been prepared for the purpose of directing the management of the water resources within the basin area;; Interpretation. Cap. 372 Kenya Subsidiary Legislation, 2025 558 558 “borehole” means a hole, usually vertical, drilled for the extraction of or measurement of groundwater;; “Cabinet Secretary” has the meaning assigned to it in section 2 of the Act;; “canal” means any surface drain, ditch, furrow, channel, flume or other conduit for conveying water, the surface of which is at atmospheric pressure;; “charges” has the meaning assigned to it in section 2 of the Act;; “chemical” means a chemical substance in any form whether by itself or in a mixture or preparation, whether manufactured or derived from nature and includes industrial chemicals, pesticides, fertilizers and drugs;; “class of water resource” means the set of categories that have been established under these Regulations to distinguish one water resource quality from another;; “commercial irrigation” means irrigation primarily for commercial purposes;; “compensation flow” means the flow released from a dam or weir which is required for downstream uses and the reserve;; “contractor” means any person holding a licence to undertake the works issued under these Regulations to carry out any water works either individually or as a body corporate or incorporated for voluntary, business, training or teaching purposes in the field either for gain or reward, or at no charge at all;; “controlling device” means a fitting, equipment or infrastructure which can be adjusted so as to control the flow or level of water;; “county government” has the meaning assigned to it in section 2 of the Act;; “dam” includes any existing or proposed structure together with appurtenant works, which is capable of containing, storing or impounding water including temporary impoundment or storage above ground level, whether that water contains any substance or not;; “day” means a day of twenty-­four hours;; “discharge” means volumetric flow rate;; “domestic water demand” is the quantity of water required to satisfy all domestic needs;; “driller” or “drilling contractor” means a person, firm or agency which is registered under these Regulations to undertake the construction or rehabilitation of a borehole;; “easement” has the meaning assigned to it in section 2 of the Act;; “easement of aqueduct” means an easement for the storage of water by the construction of a dam, weir, abstraction or other works, with the consequent submergence of the area covered by stored water, but in this connection does not include an easement of work;; Kenya Subsidiary Legislation, 2025 559 “easement of work” means an easement for the construction of a dam, weir, embankment, training works, pump, turbine, power-­house and other ancillary works, but does not include an easement for storage, except when the water stored is obtained from a well;; “effluent” means waste which is— (a) a liquid which flows out of a containing space;; and (b) sewage water or other liquid, untreated, partially or completely treated discharged directly or indirectly into a water resource;; “environment” includes the physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment;; “emergency” means a disaster or hazard caused by climatic, hydrologic, tectonic, accidental, natural or manmade events which have or potentially can affect a large population and which require extraordinary measures to be undertaken to safeguard public interests;; “evidence of land” means where the land is registered, the registered document of title and where the land is not registered, other documentary evidence satisfactory to the Authority that the applicant is the lawful landholder or has the authority of the lawful landholder to make the application;; “fish farming” means the breeding and or raising of fish for commercial purposes;; “flood flow” means any flow of water that exceeds the Q80 flow value ;; “flow” means a volume of water passing a cross section of a body of water, watercourse or works in a unit of time;; “fresh water limit” means the place in water where at low tide and in a period of low fresh water flow there is an appreciable increase in salinity due to the presence of sea water;; “groundwater” has the meaning assigned to it in section 2 of the Act;; “groundwater potential” means groundwater potential as defined by the Authority in water resources allocation guidelines issued by the Authority;; “in-­stream works” refers to any infrastructure built within or across a water course;; “indexation” means the methodology for adjustment of the water use charge whereby the water use charge is allowed to change by the rate of inflation over the initial price;; “inspector” means the person appointed by the Authority under regulation 78;; Kenya Subsidiary Legislation, 2025 560 560 “irrigation” means the artificial application of water to a plant;; “landholder” has the meaning assigned to it in section 2 of the Act;; “land reclamation” means the process of making land capable of more intensive use by changing its general character by drainage of excessively wet land, irrigation of arid or semiarid land or recovery of submerged land from seas, lakes and rivers;; “licence” has the meaning assigned to it in section 2 of the Act;; “managed aquifer recharge” means the intentional and monitored augmentation of groundwater resources by directly improving the infiltration of water to a target aquifer through the construction of suitable recharge structures;; “material change” means any variations to volumes of water allocated to a permit holder under a permit or change to the quality and nature of effluent to be discharged in respect to an effluent discharge permit issued by the Authority;; “measuring device” means a fitting, equipment or infrastructure which can be calibrated to provide an accurate measure of the flow or level of water;; “Ministry” means the Ministry responsible formatters relating to water;; “natural resources” includes resources of air, land, water, animals and plants including their aesthetic qualities;; “normal flow” means any flow of water that is less than the Q80 flow value;; “water body” means groundwater and water contained in or flowing in a spring, stream, 1ake, pond, wetland, marsh or swamp;; “non-­point source” means dispersed sources of water pollution;; “normal water level” means the water level at the dam spillway crest level;; “operator” means any person authorised to construct works under these Regulations by authorisation, or to divert, abstract, or use water by permit;; “pan” means hand or mechanically excavated structure constructed for retaining water;; “permit” has the meaning assigned to it under the Act;; “person” has the meaning assigned to it in section 2 of the Act;; “pH” means the negative base 10 logarithm of the hydrogen ion concentration;; “point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, conduit, tunnel, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged;; Kenya Subsidiary Legislation, 2025 561 “pollution” has the meaning assigned to it in section 2 of the Act;; “pond” means a natural depression that contains water;; “water sector professional” means a person qualified under these Regulations to provide the services of a professional chemist, hydrologist, hydrogeologist, engineer, surveyor or other professional service required to be performed under the Act;; “receiving water body” means any surface or groundwater body that may be used for effluent disposal under the Act;; “regional office” means an office of the Authority established within or near to a basin area pursuant to the provisions of the Act;; “rehabilitation” means any physical, mechanical or chemical process undertaken in any water infrastructure to improve its operational status;; “reserve” has the meaning assigned to it in section 2 of the Act;; “resource quality” has the meaning assigned to it in section 2 of the Act;; “resource quality objectives” has the meaning assigned to it in section 2 of the Act;; “riparian reserve” means land which by virtue of its proximity to a water body, management obligations shall be imposed on the landholder by the Authority;; “riparian landholder” means the owner of a riparian reserve;; “soil and water conservation plan” means a set of activities that have to be done in order to reduce the likelihood of soil and water loss from the landscape;; “spring” has the meaning assigned to it in section 2 of the Act;; “standard” means the limits as established under these Regulations which are made pursuant to the Act or any other written law;; “stream” has the meaning assigned to it in section 2 of the Act;; “subsistence irrigation” means irrigation primarily for household food security purposes;; “swamp” has the meaning assigned to it in section 2 of the Act;; “test yield” means the average discharge rate of the constant discharge pumping test conducted on a borehole;; “use of water” has the meaning assigned to it in section 2 of the Act;; “variation” means any authorised amendment made to a water permit;; “waste” includes any matter prescribed to be waste and any matter whether liquid, solid, gaseous, hot or radioactive substances, which is discharged, emitted or deposited in the environment in such Kenya Subsidiary Legislation, 2025 562 562 volume composition or manner likely to cause an alteration of the environment;; “Waste Disposal Control Plan” means the plan referred to in the Third Schedule whose purpose is to control the discharge of any pollutant into a water resource;; “watercourse” has the meaning assigned to it in section 2 of the Act;; “water resource” has the meaning assigned to it in section 2 of the Act;; “water resources monitoring network” means the set of equipment, infrastructure established for the purpose of monitoring the quantity and quality of the water resources;; “water resource user association” means an association of water users, riparian landholders, or other stakeholders who have formally and voluntarily associated for the purposes of cooperatively sharing, managing and conserving a common water resource and resolution of water use conflict;; “water services” has the meaning assigned to it in section 2 of the Act;; “water service provider” has the meaning assigned to it in section 2 of the Act;; “Water Tribunal” means the Water Tribunal established by section 119 of the Act;; “water works development agencies” has the meaning assigned to it in section 2 of the Act;; “weir” means an obstruction placed across the watercourse or body of water for the primary purpose of abstracting or diverting water or arresting or retarding its flow, but not for storage;; “wetland” means an area where plants and animals have become adapted to temporary or permanent flooding by saline, brackish or fresh water;; and “works” has the meaning assigned to it in section 2 of the Act. 3. The objects of the Regulations are to provide for the— (a) regulation of water resources and water use activities;; and (b) registration of water sector professionals. Objects of the Regulations 4. For the purposes of these Regulations, unless specifically stated otherwise, the units shall be International System of Units. Units. 5. These Regulations shall apply to — (a) the regulation, management, use and development of water resources in Kenya;; and (b) all water resources of Kenya whether perennial or seasonal including water resources of the territorial sea. Application. Kenya Subsidiary Legislation, 2025 563 PART II-­ PRESCRIPTION OF WATER USE ACTIVITIES 6. Without prejudice to the generality of section 2 of the Act, the activities listed in Part 1 of the First Schedule carried out on or in relation to a water resource are water use activities requiring a water use permit. Water use activities. 7. The activities listed in Part 2 of the First Schedule are water use activities in respect to which an application for variation of a water use permit shall be required. Requirement for a permit for water use activities. 8. (1) The Authority shall categorise water use activities based on the criteria set out in Part 3 of the First Schedule. (2) In making a decision under sub-­regulation (1), the authority shall consult the basin water resources committee, the water resource users association and, where there is no registered water resource users association, local representative associations whose objectives are natural resource use or natural resource use conflict resolution. (3) In determining the category into which a water use activity falls, account shall be taken of and effect given to the — (a) differences associated with the characteristics of the catchment or basin in which the water resources are located;; and (b) particular circumstances of each water resource as stipulated by the Authority in water allocation guidelines issued by the Authority from time to time. (4) A party aggrieved with a decision made by the Authority under this regulation may appeal to the Water Tribunal. Categorization of water resource use applications. PART III – PERMIT OR OTHER AUTHORITY FOR WATER USE 9. (1) A person who intends to undertake an activity involving the use of water specified under Part 1 , 2 and 3 of the First Schedule shall apply to the Authority for a water use permit. (2) A person who contravenes this regulation commits an offence and is liable on conviction to the penalty prescribed under section 147 of the Act. Application for a permit. 10. Where the activity for which the water is intended to be used is temporary in nature, an applicant may apply for a temporary water use permit for a period of one year or such longer period, not exceeding two years as the Authority may consider appropriate, considering the nature of the activity. Temporary permit. 11. (1) A holder of a water u s e permit or authorisation issued before the commencement of these Regulations shall within twelve months of the commencement of these Regulations submit t h e wa t e r u s e p e rm i t or authorisation to the nearest sub-­regional office of the Authority for verification, validation or other appropriate action. (2) The Authority shall revoke or suspend the water use permit or authorisation where the holder fails to submit it within the specified period. Verification of existing permits. Kenya Subsidiary Legislation, 2025 564 564 12. (1) An application for a water use permit shall be made by the landholder on which the water use is to be undertaken and where the applicant is not the landholder, the consent of the landholder shall be endorsed on the application. (2) The application in sub-­regulation (1) shall be accompanied by evidence of land ownership. Water use to be appurtenant to land. 13. (1) A person applying for a water use permit for the use of water on land other than the land on which the water use activity is to be undertaken shall provide to the Authority evidence that he has lawful access to the water resource in the form of an easement, wayleave or other right of access recognisable in law. (2) An application for an easement or other right of access shall be in Form WRA 002 as set out in the Tenth Schedule accompanied with the fees specified in the Second Schedule. (3) The easement or right of access referred to in this regulation may be in existence at the time of the application or to be granted upon the issue of the water use permit. (4) A person intending to enter upon land belonging to other persons for survey or investigative purposes of water resource management or development shall submit to the Authority an application in Form WRA 017 as set out in the Tenth Schedule. (5) The Authority shall not be liable for any damage or losses arising from works developed by a water use permit holder or a person authorised to construct works for the use of water. Wayleaves, easements etc. 14. (1) An applicant intending to use works owned by another person shall make an application to the authority for the use of the works. (2) The application in sub-­regulation (1) shall be accompanied by a consent in writing of the owner of the works or an agreement with the owner of the works. (3) The Authority may after considering the application— (a) issue the water use permit in Form WRA 010 as set out in the Tenth Schedule;; or (b) deny the application. (4) Where in the opinion of the Authority monitoring and control of t he water use activity would be best achieved by the issuance of separate permits to applicants intending to share common works, the Authority may issue separate water use permits or a supplement to the permit in Form WRA 020 as set out in the Tenth Schedule. Wayleaves, easements etc. 15. (1) The Authority may in the public interest permit the use of existing works to another person after giving the owner of the works an opportunity to make representations provided that the water use of the owner of the works is not adversely affected. Use of existing works in the public interest. Kenya Subsidiary Legislation, 2025 565 (2) The owner of the works referred to under sub-­regulation (1) shall be entitled to prompt and fair compensation for the use of the works. 16. (1) A person who intends to use water works classified under Category A of the First Schedule shall make an application to the Authority using Form WRA 001 in the Tenth Schedule and pay the fees specified in the Second Schedule. (2) The application in sub-­regulation (1) shall be accompanied by evidence of consultations carried out with the water resource users association and, where there is no registered water resource users association, the local representative associations whose objectives are natural resource use and or natural resource use conflict resolution. (3) The Authority shall consider the application and — (a) if satisfied that the proposed water use poses a low risk of impact on the water resource, approve the application by endorsing approval on the application form referred to in sub-­regulation (1);; or (b) reject the application and give reasons for such rejection to the applicant. (4) Upon approval by the Authority, the applicant may commence the water use activity described in the application subject to the applicable conditions for Category A water users. (5) The Authority may at any time require any Category A water user to be re-­classified after an assessment of the water resource or for any other reasonable cause. (6) In the event of a material change to any aspect of the water use, the water user shall notify the Authority within twenty-­one days of the change and the Authority shall assess whether, in light of the change, a re-­application or a variation of the conditions imposed on the water use is necessary. (7) A person who — (a) fails to notify the Authority of a material change t o the water use;; (b) uses water in breach of the conditions applicable to the water use;; (c) withholds relevant information from the Authority;; or (d) gives the Authority information which is misleading in any material particular, commits an offence and shall be liable on conviction to the penalty prescribed in section 147 of the Act, and liable to have their water use permit revoked. (8) A person aggrieved by the decision of the Authority may appeal to the Water Tribunal. Approval of Category A applications. 17. (1) Any person who intends to use water classified under Category B, C or D in the First Schedule shall apply for a water use Category B, C and D water use Kenya Subsidiary Legislation, 2025 566 566 permit from the Authority in Form WRA 001 set out in the Tenth Schedule. (2) The application shall indicate the intended purpose of water use and shall be accompanied by a site assessment report, hydrological assessment report or hydrogeological survey report and environmental impact assessment study report which are in accordance with the specifications set out in the Third Schedule. (3) The applicant shall pay the application fees set out in the Second Schedule for each application before the application is processed by the Authority. (4) The Authority shall consider the application and — (a) if satisfied, issue a permit in Form WRA 010 as set out in the Tenth Schedule;; or (b) reject the application and give reasons for such rejection to the applicant. applications. 18. (1) Every applicant shall submit to the Authority a map showing the water body, the location of the works, supply area, location of all authorisations or water use permits held by the applicant which are relevant to the application (2) All significant points on the map shall be geo-­referenced and indicate the Universal Transverse Mercator coordinates and zone with respect to the Arc 1960 datum. Maps to accompany applications. 19. (1) Without prejudice to the provisions of regulation 16, each application under Category C and D shall be accompanied by a technical report which shall be in accordance with the specifications set out in the Third Schedule provided that the Authority may, following a review of the application, require a category B applicant to submit a technical Report. (2) A site assessment report or a technical report shall be prepared by a licensed water sector professional. (3) In exceptional circumstances where it is demonstrated that an applicant is unable to use the services of a water sector professional in the preparation of a site assessment report or any other technical report, the Authority may, at the request of the applicant, undertake the report preparation. (4) Where the applicant requires the services of the Authority in the preparation of the site assessment report or any other technical report, the applicant shall be required to make a written request to the Authority and pay the fees set out in the Second Schedule. (5) If satisfied that it is in the public interest and the applicant that the Authority undertakes the preparation of the Site Assessment Report or any other technical report, the Authority shall prepare the report, provided that any water sector professional officer of the Authority who prepares the report shall not be involved in the evaluation of the same report following its submission to the Authority. Technical report. Kenya Subsidiary Legislation, 2025 567 (6) In the circumstances where a water sector professional officer of the Authority undertakes duties of preparing a site assessment report or any other technical report, they shall be deemed to be a water sector professional for the purpose of preparing the site assessment report or any other technical report. 20. (1) The applicant shall submit with each application, evidence of consultations with the relevant water resource users association and, where no registered water resource users association is operating in the area of the proposed water use, with the main local representative associations whose objectives are natural resource use or natural resource use conflict resolution. (2) Upon receipt of a category B, C and D application, the regional office of the Authority shall provide a copy of the application to the basin water resources committee and all the entities consulted by the applicant pursuant to sub-­regulation (1) for comments. (3) The comments of the entities consulted pursuant to sub-­ regulation (1) shall be submitted to the Authority in Form WRA 003 as set out in the Tenth Schedule (and copied to the applicant) within thirty days of receipt of the application by the entities. (4) Where the water resource users association or local representative associations fail to or do not submit comments as requested within the period specified in sub-­regulation (3), the Authority shall proceed to determine the application after the expiry of thirty days. Stakeholder comments on applications. 21. (1) Applicants for Category C and D water use permits shall cause to be published in a national newspaper of wide circulation, a public notification of the application for a water use permit. (2) The Authority shal l publ ish a notification of all applications received, within a region, on— (a) the Authority’s website;; and (b) the county commissioner’s, deputy county commissioner’s, assistant county commissioner’s, chief’s, assistant chief’s and Authority’s regional and sub-­regional offices at the end of each month. (3) For purposes of this regulation, public notification means a notice that indicates the name of the applicant, the water resource in respect to which the application has been made, the quantity of water applied for, purpose of water use for which the application has been made, the land registration number, the location or other local administrative unit within which the water use is to be undertaken and any additional details that the Authority may consider relevant to the public with respect to the application for a water use permit. Public notification of Category C and D water use permits. 22. (1) Any person may object in writing to any application for a water use permit and state the grounds for the objection. (2) The objection shall be lodged with the Authority within thirty calendar days of the public notification of the application for a water use permit. Objection to water use permit application. Kenya Subsidiary Legislation, 2025 568 568 (3) The Authority shall consider all objections received within the period specified in sub-­regulation (2) before making a determination, and shall in its decision state how it has addressed the objections. 23. (1) If, based on the objections or representations received in response to a category C and D applications or other considerations, the Authority considers it necessary to hold a meeting with relevant stakeholders and the public it shall convene such meeting at or near the site of the proposed water use to hear views on objections, representations and other considerations before determining the application. (2) The Authority shall give not less than fourteen days’ written notice of the intention to hold a site meeting on a stated day, time and venue to all the persons whose written objections were received on time and post the notice on the Authority’s website, at the site of the proposed meeting and at the Authority’s regional and sub-­regional office. (3) The meeting in sub-­regulation (1) shall be open to the public and, if appropriate, may be conducted using a virtual platform. Site meeting. 24. (1) Where the Authority rejects an application, it shall within thirty days of the decision notify the applicant and any person who made an objection to the application, of its decision in writing. (2) A person aggrieved by the decision of the Authority may appeal to the Water Tribunal within fourteen days of receiving the Authority’s decision. Rejection of application. 25. (1) Where the Authority approves the application for a water use permit it shall issue an authorisation to construct works in Form WRA 004 as set out the Tenth Schedule. (2) The authorisation shall specify the period for completion of the works which may only be extended for good cause with the written permission of the Authority. (3) The Authority may cancel an authorization where an applicant fails to complete works within the specified period or to comply with any conditions in the authorisation. Authorisation to construct works. 26. An authorisation to construct works does not authorise an applicant to commence abstraction or the proposed use of the water before the conditions governing the authorisation are certified as having been met. Limitation on authorisation. 27. (1) Where the works are not completed within the period set out in the authorisation, the applicant may apply for an extension of t ime in Form WRA 005 as set out in the Tenth Schedule and attach a progress report and written reasons for failure to complete the works within the applicable period. (2) The Authority after considering the progress report and reasons for non-­completion, may grant an extension in Form WRA 006 for six months or such longer period as may be necessary to complete the works provided that an extension shall not be granted for Extension of authorisation. Kenya Subsidiary Legislation, 2025 569 a period longer than the period initially stipulated for constructing the works. (3) Where, despite the extension, construction of the works is not completed within the extended period, the authorisation shall lapse and the applicant shall, within thirty days, submit to the Authority a plan for restoration of the site to, as near as is practicable, its original condition. 28. (1) The Authority shall maintain a Register of Authorisations and a Register of Permits. (2) Any person may obtain a copy of the Register of Authorisations or Register of Permits on payment of the fee set out in the Second Schedule. Register of authorisations and permits. 29. (1) Upon completion of the works, the applicant shall submit to the Authority a Completion Certificate in Form WRA 008 as set out in Tenth Schedule. (2) As soon as is reasonably practicable after receipt of the Completion Certificate, and on payment by the applicant of inspection fees set out in the Second Schedule, the Authority shall inspect the works to ascertain that all the conditions in the authorisation have been complied with. (3) An inspector shall inspect the completed works and issue an inspection report as set out in Form WRA 007. (4) If the inspector is not satisfied with the completion status of the works, the inspector shall issue an order within fourteen days of the inspection and setting out the requirements for bringing the works to a satisfactory condition. (5) Where the inspector is satisfied that the works are complete, and that the conditions have been complied with, the Authority shall, within thirty days of receipt of a water use permit application, issue the permit in Form WRA 010 as set out in the Tenth Schedule. Completion certificate. 30. The applicant shall within thirty days of the date of the completion of the works, apply to the Authority for a water use permit in relation to surface water and ground water. Application for water use permit for surface and groundwater. 31. A water use permit shall be issued for a period of five years and may be renewed for a similar or shorter period following an application by the permit holder. Water use permit validity period. 32. A water use permit shall bear a unique water resource user identification number or security code which shall whenever practicable identify the basin or sub-­basin area in which the water use occurs. Water resource user identification number or security code. 33. (1) The permit holder shall pay the relevant fees for a water use permit as prescribed in the Second Schedule. (2) Where the permit holder fails to pay the prescribed fees for the water use permit to the Authority, the Authority may revoke the water use permit, disconnect intakes, vary the conditions for the water use permit, or institute recovery proceedings through a civil suit or other enforcement action deemed appropriate by the Authority. Permit fees. Kenya Subsidiary Legislation, 2025 570 570 (3) Where the permit holder, without due cause, delays in the payment of the water use fees to the Authority, interest at two percent per month shall accrue on a daily basis until the water use fees are fully paid. 34. (1) The Authority may impose conditions on the water use permit after considering the characteristics of the water resource or body of water, the water use proposed, the technical report, the representations received from relevant entities. (2) Water use permits issued by the Authority shall be subject to such terms, restrictions and limitations as the Authority may consider appropriate and any of the following conditions – (a) the water use permit shall not limit the exercise of existing water use rights of any other person or guarantee that the quantity of water referred to is or shall become available;; (b) the water used under a water use permit if it is to be returned to any water resource shall not be polluted with any matter to such an extent as to be capable of causing injury or damage whether directly or indirectly to any person, public health or to livestock, animals, fish, or crops, or to any undertaking in respect of which such water is used;; (c) the permit holder shall take all reasonable precautions to the satisfaction of the Authority to prevent the accumulation in any watercourse of silt, sand, gravel, stones, sawdust, refuse, sewerage, waste or nay other substance which may be injurious to the water resource;; (d) for a water use permit issued by the Authority for mining, industrial purposes or hydropower the following conditions are implied – (i) the water used shall be returned, if reasonably practicable, to the water resource from which it was taken or to such other water resource as the Authority may direct;; and (ii) the water used shall, in so far as the use to which it is to be put allows, be returned to the water resource substantially undiminished in quantity or quality. (3) The permit holder shall be responsible for the cost of fulfilling the conditions attached to the water use permit. (4) The Authority may suspend or revoke a water use permit where a permit holder fails to comply with the conditions attached to the water use permit. (5) A permit holder shall maintain a record of all water abstracted, diverted, stored or discharged, indicating the date, time, quality and quantity and methods of such abstraction, diversion, storage, or discharge and the purpose for which such water was used, and such record shall be submitted to the Authority on an annual basis or at such other interval as the Authority may specify. Conditions of water use permit. Kenya Subsidiary Legislation, 2025 571 35. A permit holder may apply to the Authority for the transfer of the permit to another person by submitting a duly completed Form WRA 013 as set out in the Tenth Schedule and the fees prescribed in the Second Schedule. Transfer of permit. 36. (1) A permit holder may apply to the Authority for variation of the permit by submitting Form WRA 012 as set out in the Tenth Schedule and payment of the assessment fees prescribed in the Second Schedule. (2) Where the variation does not result in a change in the category of use of water or materially change the permitted use of water, the Authority may, after considering any representations by relevant stakeholders, grant the application. (3) Before granting an application for variation of the permit, the Authority shall — (a) publish a notice of the application for a period of thirty days on its web-­site and at the regional and relevant sub-­regional office which shall contain a summary of the nature and effect of the proposed variation;; and (b) invite persons with comments on the application to provide such comments within the thirty-­day specified in paragraph (a). (4) If the variation is such that it results in a change in the category of water use, the permit holder shall be required to apply for a new permit. (5) The permit as varied shall be made available in the register of permits maintained by the Authority. (6) Any person who contravenes the provisions of this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Variation of permit by permit holder. 37. (1) The Authority may at its instance vary, suspend or cancel a permit after issuing the permit holder with a thirty days’ notice to show cause why the permit should not be varied, suspended or cancelled, and considering any representations made by the permit holder following receipt of the notice. (2) The Authority may take any appropriate measures for enforcement including the confiscation of equipment or plant, or removal of works to effect sub-­regulation (1) and any costs incurred by the Authority in effecting these measures shall be recovered from the permit holder. (3) The Authority shall post on its website and at the regional and sub-­regional office, particulars of any variation, suspension or cancellation of permits within thirty days of the variation, suspension or cancellation. Variation or cancellation of permit by the Authority. 38. (1) Three months before the expiry of a permit, a permit holder shall apply for the renewal of the permit by submitting a duly Renewal of permit. Kenya Subsidiary Legislation, 2025 572 572 completed Form WRA 011 as set out in the Tenth Schedule and pay the renewal fees and works inspection fees prescribed in the Second Schedule and any water use charge arrears. (2) A late submission of the application for the renewal of a permit shall attract a penalty of two thousand shillings for each month of delay. (3) The Authority shall inspect the works before processing the application for renewal. (4) The Authority may require the permit holder to submit the technical reports set out in regulation 19 indicating the condition of the water resources at the time of the application for renewal before processing of an application for renewal or impose new conditions or alter existing permit conditions as necessary in response to causes as stated in section 46 (1) of the Act. (5) A permit shall automatically lapse upon its expiry where the permit holder fails to apply for the renewal and the Authority shall initiate i t s cancellation in accordance with section 49 of the Act. 39. (1) The Authority shall maintain a register of approved water users, water uses and permits as required under section 54 of the Act and post an electronic copy of the register on its website. (2) A person may obtain a copy of the register referred to in sub-­ regulation (2) from the Authority upon submission of Form WRA 014 set out in the Tenth Schedule and payment of the fee set out in the Second Schedule. Register of approved water users, water uses and permits. 40. The issue by the Authority o f an authorisation or permit shall not be a defence to any civil action or to a criminal prosecution under any written law. Permit or authorisation not a defence. 41. (1) The Authority shall cause to be displayed on the notice board at its offices and at the offices of the chief, a list of the authorisations, permits and cancellations, issued within their respective jurisdiction. (2) The list shall include a summary of the information pertaining to the water use activity. (3) Any person who wishes to obtain the details of a particular permit shall apply to the Authority in Form WRA 014 as set out in the Tenth Schedule and pay the applicable fee specified in the Second Schedule. Public notification of authorisations and permits. 42. The right of a permit holder shall, notwithstanding anything contained in their authorisation or permit, be subject to and conditional to their compliance with the provisions of the Act and any other applicable laws. Compliance with other laws. PART IV -­ SURFACE WATER 43. (1) The Q80 flow value is the flow value that is equalled or exceeded eighty percent of the time. (2) The Q80 flow value shall be derived from a naturalised flow duration curve, preferably derived from daily flows. Surface water allocation. Kenya Subsidiary Legislation, 2025 573 44. (1) The Authority may, with reasonable cause, after public consultation, declare a natural watercourse not to be a watercourse or a constructed channel to be a watercourse for the purposes of water resources management and regulation. (2) When a body of water has changed into a new course the Authority shall recognise the new course to be a watercourse and shall require the original course to be retained as a flood channel. Declaration of a water course. 45. Where, owing to any natural events or authorised or unauthorised works being constructed on a water body, a body of water which constitutes the boundary of two or more properties ceases to flow between or to separate such properties or has changed into a new course, the boundaries of such properties shall, unless readjusted by mutual agreement between the parties concerned, remain as before. Boundary of properties defined by a water course. 46. (1) Any portion of land in excess of one hectare which is naturally subject to seasonal or permanent flooding and has the ecological characteristics of a swamp or marsh shall be deemed to be a wetland under these Regulations. (2) The Authority may by public notification and with good cause, declare any portion of land which is less than one hectare as a wetland for purposes of water resources management and regulation. (3) The landholder or legally authorised representative of the landholder on which a wetland is situated shall apply to the Authority for approval for any proposed or ongoing activities including drainage, discharge into the wetland or construction that would affect the wetland. (4) Whenever any proposal for the drainage and reclamation of a swamp involves the subsequent use by the applicant of all or any of the water conserved by the drainage or reclamation of such swamp, the applicant shall apply for a water use permit to the Authority for the diversion, abstraction, storage or use of such water. (5) The application in sub-­regulation (4) shall be accompanied by a hydrological assessment report, hydrogeological survey report, environment impact assessment report and environmental impact assessment licence. (6) Works involving the drainage of a swamp shall not deprive any water user of reasonable access to water except by agreement or on payment of compensation, or on supplying water from other sources or by other means, and the applicant concerned shall submit to the Authority all plans and documents showing the proposals to provide such water user with access to water, and any agreements to this effect, and he shall, if the proposals include any works for supplying such water user with water, submit an application for a water use permit. Wetlands. 47. (1) The Authority may in accordance with this regulation, authorise the reclamation of land over and upon the sea-­bed, lake or river irrespective of the ownership of land bordering on any land borders of such sea-­bed, lake or river for infrastructure development. (2) The Authority shall publish a notice of the proposed land reclamation— Land reclamation. Kenya Subsidiary Legislation, 2025 574 574 (a) on the Authority’s website;; and (b) in two national newspapers with wide circulation in Kenya. (3) A notification under sub-­regulation (2) shall— (a) describe the proposed land reclamation and give the approximate area to be occupied in connection therewith;; and (b) call upon all persons having objections to the reclamation or any claims of private right in respect thereof to submit to the Authority before the expiration of thirty days, such objections or claims in writing specifying the nature thereof and giving an estimate of any loss which, it is alleged would be incurred by reason of the extinguishment of any private right. (4) Whenever any claim or objection is submitted pursuant to sub-­regulation 3(b) and the Authority considers it necessary, the Authority may establish a panel to hold a public inquiry on such matter. (5) Such panel shall keep a record of any evidence taken at the public inquiry and shall transmit the same together with a report of its findings to the Authority. (6) The Authority may, after considering the proposed land reclamation together with all objections and claims submitted and, where a public inquiry has been held, the evidence taken by, and the report of the Panel holding the inquiry, authorise such land reclamation with or without modifications or refuse to authorise the land reclamation. (7) A notification of an authorisation together with a description of the proposed reclamation shall be published in the manner set out in sub-­regulation (2). (8) Upon the publication of the authorisation of a proposed reclamation, all public and private rights of navigation or fishing and rights ancillary thereto, all public and private rights of access or user, and all other public or private rights (if any) in, upon or over the sea-­ bed, lake or river occupied by the proposed reclamation or by the infrastructure development shall be extinguished and cease to exist. 48. (1) Any person who intends to or is currently undertaking a water use activity in relation to a water resource on reclaimed land shall apply to the Authority for a water use permit in Form WRA 001 as set out in the Tenth Schedule. (2) Where the proposed water use is in relation to a lake or river, the application shall be accompanied by a letter of no objection of the basin water resources committee, the water resources users associations or local representative associations. (3) A permit holder shall comply with these Regulations in relation to any activities on reclaimed land. Requirement to obtain permit after land reclamation. Kenya Subsidiary Legislation, 2025 575 49. (1) In allocating water for irrigation, the Authority shall— (a) give priority to irrigation for subsistence purposes;; (b) be guided by crop water requirements in the area and the efficiency of water use;; (c) limit the permit holder to abstract, impound or divert only flood flow for purposes of irrigation;; and (d) require the applicant, to the extent practicable, to make provision for not less ninety days storage of flood flow for use during the dry season unless the abstraction of water is to be from a water resource. (2) In considering aggregate water demand for subsistence irrigation, the Authority may declare by public notification for each basin area or part thereof an upper limit for the allocation of water either in aggregate or for any one water use permit where the allocation is shared among more than one household. Allocation of water for irrigation. 50. (1) Every water use permit to develop an amount of power less than the full hydro power potential of the site may be subject to special conditions if the Authority considers that the development of the full power of the site may be required at a later date. (2) If an existing permit holder is unable, or unwilling, to enlarge the works to develop the full hydropower potential of the site, and it is considered by the Authority, following consultation with the regulatory agency responsible for matters relating to electricity generation, to be in the public interest to do so, the Authority may cancel the authorisation or water use permit and authorise the works to be carried out by another person provided that the incoming operator shall pay compensation to the person whose water use permit has been cancelled. (3) For the purpose of ascertaining the hydropower potential under any authorisation or water use permit, the Authority shall have access to reports, plans and records of the permit holder and may request for any other information or data it may require. (4) A water use permit issued for hydropower purpose, shall at all times be subject to any law affecting the construction and operation of works for the supply of power. Hydro power. 51. (1) Where, in the opinion of the Authority, after consultation with the department responsible for fisheries, it is necessary for the free movement of fish upstream or downstream of any dam or weir on any body of water, the Authority may require an applicant for a water use permit or order a permit holder to provide at their cost in such dam or weir, a fish pass, fish ladder or other structure, approved by the Authority, to enable fish to move freely up or down such a body of water. (2) Notwithstanding anything contained in these Regulations, the Authority may, on the application of any person, authorise the construction or erection in a body of water of— Works associated with fish movement for protection and control of fish. Kenya Subsidiary Legislation, 2025 576 576 (a) works of a temporary nature which are designed solely for the purpose of improving the conditions of fish life or the facilities for fishing, in such body of water provided such works shall not have the effect of raising the normal level of the body of water more than one metre;; and (b) fish ladders or other means of ingress and egress for fish provided such works do not cause any obstruction in the flow of such body of water. (3) An application under this regulation shall be i n Form WRA 001 set out in the Tenth Schedule and shall be submitted to the Authority together with comments of the department responsible for fisheries. PART V -­ GROUNDWATER 52. (1) A person intending to abstract ground water shall apply for authorisation from the Authority using Form WRA 001 as set out in the Tenth Schedule. (2) Upon receipt of the application, the Authority shall pursuant to regulation 8 determine the category of the application. (3) Where the Authority determines that the application falls under Category A for wells, and the method of abstraction does not include motorised pumping, the Authority shall, after considering the application in accordance with the procedure in regulation 8, grant authorisation upon such conditions as it may deem necessary or refuse the application. (4) Where any borehole or well is intended to be equipped with a motorised pump, the application shall be accompanied by a hydrogeological survey report which is in accordance with the specifications set out in the Third Schedule. (5) An application for a groundwater use permit which falls into categories B, C, or D as specified in the First Schedule shall be determined in accordance with the procedure specified in regulation 8 for the approval of such applications. (6) Before any well or borehole is replaced, deepened or widened, the owner of the well or borehole, or his duly authorised representative, shall submit to the Authority, an application for authorisation in Form WRA 004 as set out in the Tenth Schedule, to carry out such replacement, deepening or widening of an existing well or borehole, for any water use category. (7) The owner of a well or borehole which encounters, in the course of drilling, collapse, loss of tools, or other associated drilling problems, hereinafter referred to as “down hole problems,” excluding a dry borehole, shall drill a replacement borehole on a site not be more than fifteen metres from the previously approved site. (8) Before any well or borehole, after encountering down hole problems, is moved to a new site that is more than fifteen metres from the previously approved site, the owner of the borehole or well, or their authorised representative, shall file with the Authority an Groundwater development authorisation. Kenya Subsidiary Legislation, 2025 577 application for authorisation to move to the new site in accordance with the procedure in regulation 8. (9) Any person who contravenes the provisions of this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. 53. (1) Where any borehole or well is being constructed within five hundred metres of an existing borehole or well, the Authority may notify the person constructing the borehole or well to conduct any tests, specified in the notification, to the existing well and to submit to the Authority the particulars of the results of such tests including the rate of pumping and rest levels of water. (2) Without prejudice to sub-­regulation (1), for purposes of the regulation of groundwater development, the Authority shall determine in the allocation plan for a specific aquifer or part thereof, the spacing of boreholes or well to be equipped with motorized pump and in doing so shall be guided by— (a) existing borehole or well spacing;; (b) individual aquifer characteristics, including water quality;; (c) existing aquifer use;; and (d) existing bodies of surface water. (3) The allocation plan shall be available and accessible to the public on the Authority’s website and, during normal working hours, from any of the offices of the Authority. Regulation of groundwater development. 54. (1) Boreholes and wells, to be equipped with a motorised pump, shall be subjected to test pumping. (2) Test pumping shall comprise a continuous and constant rate pumping test of not less than twenty-­four hours duration and recovery duration of not less than twenty hours. Borehole and well test pumping. 55. A water sector professional shall supervise the construction of a borehole or well, that is to be equipped with a motorised pump. Supervision of works. 56. (1) On the completion of construction of a borehole or well, to be equipped with a motorised pump, the applicant shall submit to the Authority a Borehole or Well Completion Record in Form 008A or 008B set out in the Tenth Schedule, and the Completion Certificate, within twenty-­eight days of completion of works. (2) A person who contravenes sub-­regulation (1) commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Borehole or well completion record. 57. (1) The Authority shall pursuant to regulation 8 authorise the abstraction of groundwater for a well under Category A. (2) In the event that the Authority determines that on site verification is necessary, the Authority shall undertake the verification within twenty-­eight days upon payment by the applicant of the site verification fees set out in the Second Schedule. Issue of groundwater use permit or authorisation. Kenya Subsidiary Legislation, 2025 578 578 (3) Before granting an authorisation to abstract groundwater from a borehole in Category A as specified in the First Schedule, the Authority shall analyse the data provided in the Borehole Completion Record Form WRA 008A set out in the Tenth Schedule. (4) Before granting an authorise to abstract groundwater from boreholes or wells intended to be equipped with motorised pumps in Categories B, C, or D as specified in the First Schedule, the Authority shall analyse the data provided in the Borehole Completion Record Form WRA 008A set out in the Tenth Schedule. 58. (1) Every borehole owner shall ensure that a wellhead protection area within a radius of ten meters is reserved where any activity including land use activities, are likely to negatively impact groundwater resources. (2) Where in its assessment the Authority is of the view that a proposed borehole is within a radius of ten meters of any activity likely to negatively impact the quality of groundwater resources, it shall not issue an authorisation or groundwater use permit for the drilling of the borehole or well. (3) Within twelve months of the coming into effect of these Regulations, all borehole water abstractors shall ensure that— (a) boreholes are fitted with dipper tubes;; (b) water is not abstracted without passing it through a meter;; and (c) the water meter is periodically inspected to ensure that it is not defective. Groundwater conservation. 59. (1) No person shall undertake to construct works for the purposes of conducting the artificial groundwater recharge of an aquifer, whether or not in a groundwater conservation area, unless duly authorised by the Authority. (2) An application for authorisation under sub-­regulation (1) shall be accompanied by— (a) a technical report and a hydrogeological assessment report which are in accordance with the specifications set out in the Third Schedule, defining the aquifer parameters and the water quality evolution after recharge, the impacts on the recharged water, the contents of the injection and the proposed geotechnical mechanisms with analysis on its positive and negative impacts on groundwater resources;; and (b) any other particulars that may be required by the Authority. (3) The Authority may after considering the application— (a) issue the authorisation and impose such conditions as it may deem necessary;; or (b) reject the application. Artificial ground water recharge. Kenya Subsidiary Legislation, 2025 579 (4) A person who contravenes the provisions of this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. 60. The Authority may, from time to time and in carrying out its responsibilities in respect to groundwater resources protection and regulation, require any person, entity, permit holder or operator to— (a) provide it with abstraction, water levels, water quality or any other specified information within a reasonable time or on a regular basis as it may deem necessary;; and (b) undertake any protective measures it may recommend. Groundwater data. PART VI -­ WATER QUALITY MONITORING AND EFFLUENT DISPOSAL 61. (1) No person shall discharge or apply any poisonous, toxic, noxious or obstructing matter, radioactive waste, radioactive waste or other pollutants or permit any person to dump or discharge such matter into a water resource unless the discharge of such poisonous, toxic, noxious or obstructing matter, radioactive waste or pollutant is authorised by the Authority and treated to permissible standards as set out in the Fourth Schedule. (2) A person intending to discharge waste, effluent or other pollutant into a water resource shall apply to the Authority for an effluent discharge permit in Form WRA 001G as set out in the Tenth Schedule. (3) The category of effluent discharge permit shall be determined on the basis of the effluent discharge load, the concentration of pollutants, the capacity of the receiving water body and the applicable resource quality objectives. (4) Any person who discharges waste, effluents or other pollutants into a water resource at the commencement of these Regulations without an effluent discharge permit issued by the Authority shall apply for an effluent discharge permit within six months of the commencement of these Regulations. (5) A permit holder shall discharge effluent in accordance with the conditions in the effluent discharge permit and shall be limited to the quantity and quality of pollutants stipulated in that permit. (6) An effluent discharge permit shall be subject to the payment of the prescribed water user charges specified in the Second Schedule. (7) Any person who contravenes the provisions of this regulation commits an offence and is liable on conviction to the penalties prescribed in section 147 of the Act. Control of water pollution. 62. (1) No person shall wilfully or deliberately allow any substance to spill out into any water resource or onto land where such spillage is likely to contaminate a body of surface or groundwater. (2) In the event of accidental spillage, where such spillage is likely to contaminate a body of surface or groundwater, the person in charge of the spilt substance shall within twenty-­four hours— Spillage. Kenya Subsidiary Legislation, 2025 580 580 (a) inform the Authority of the accident;; (b) immediately take measures to prevent the spread of the spillage;; and (c) take remedial measures as may be required by the Authority to mitigate against potential adverse effects to the water resources. (3) The Authority shall upon receiving information of a spillage, notify the public of the spillage and cause appropriate action to be taken to address likely adverse effects of the spillage on water resources. (4) The costs incurred by the Authority in regard to notifying the public and addressing the spillage shall be recoverable from the person in charge of the spilt substance. (5) Any person who contravenes the provisions of this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. (6) The Authority shall undertake periodic assessments of water resources for purposes of pollution prevention and control and notify the public as necessary. (7) The Authority may request for information regarding any infrastructure that is likely to cause spillage to a water resource. 63. (1) The Authority may without giving prior notice, inspect any premises and sample any sources of water pollution for the purposes of monitoring water quality. (2) A person who obstructs, constrains or prevents a water resource inspector who has identified themselves, from undertaking a pollution control inspection commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Water quality monitoring. 64. (1) The Authority shall maintain a water quality database that shall include data on effluent discharge which shall be available on website of Authority. (2) A person may obtain a copy of any data under this regulation upon the payment of the fees prescribed in the Second Schedule. Water quality, liquid effluent disposal and effluent discharge data. 65. (1) In the event that a water resource inspector intends to take a water quality sample for purposes of prosecution, the procedure specified in the Ninth Schedule shall apply. (2) The Authority may, notwithstanding the procedures prescribed in the Ninth Schedule install automatic water quality monitoring and sampling equipment at any premises or water resource. Water quality sample procedure. 66. The Authority may, with good cause, order any person or entity being the landholder, occupier or having charge over a piece of land, to put in place adequate measures for the safe disposal of solid or other wastes including agricultural chemicals present on the land which may present a risk to the water resource quality. Pollution control enforcement. Kenya Subsidiary Legislation, 2025 581 PART VII -­ WORKS 67. The Authority may undertake an inspection or series of inspections of the site associated with a proposed, ongoing, existing or abandoned water works. Inspection of works prior to, during and post-­ construction. 68. (1) A person who intends, for the purposes of construction, to divert, abstract, impound, obstruct, store or use water temporarily shall apply to the Authority for a permit for temporary works. (2) A permit for temporary works shall authorise the diversion, abstraction, impoundment, obstruction, storage or use of water temporarily to such extent only as may be necessary for such construction, and at such times and in such manner as to interfere as little as possible with the works of other operators and cause as little damage as possible to property. (3) The holder of a permit for temporary works shall be liable for any interference or damage resulting from the temporary works. (4) All temporary works shall be removed by the permit holder within a period of three months, or such other period as the Authority may specify, from the date of completion of the works or from the date of expiry of the authorisation whichever is earlier: Provided that any quarries, borrow-­pits, excavations, cuttings, tunnels or other temporary works which cannot be economically rehabilitated or removed shall be rendered safe by fencing or such other measure as the Authority may consider necessary. (5) In the event that any temporary works are not removed, rehabilitated or rendered safe within the period referred to in sub regulation (4), the Authority shall issue an order for the removal, rehabilitation or safety of the works. (6) A person who fails to comply with an order issued by the Authority under this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Temporary works. 69. (1) Abandonment or cancellation of an authorisation or permit f o r temporary works or any part thereof shall not relieve the landholder or undertaking to which the authorisation or permit is or was appurtenant of liability for any damage resulting from the works constructed, operated or maintained by the permit holder, or from any defect or insufficiency in the works. (2) The Authority may, within six months of the cancellation or expiry of an authorisation or permit f o r temporary works, serve upon the permit holder or former permit holder, an order for the disposal of all or any portion of the works previously used under the authorisation or permit f o r temporary works. (3) A person who fails to comply with an order issued by the Authority under this regulation commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Abandoned works. Kenya Subsidiary Legislation, 2025 582 582 PART VIII – CONDITIONS ON AUTHORISATIONS, PERMITS AND APPROVED WATER USES 70. The Authority shall where applicable, require an applicant as a condition to the grant of a permit to provide evidence of compliance with the provisions of the Environmental Management and Coordination Act on integrated environmental assessments, and any other requirements as the Authority may deem necessary. Compliance with the Environmental Management and Coordination Act. Cap 387. 71. (1) The Authority may provide for a schedule of inspection in any authorisation or permit issued under the Act or these Regulations. (2) Any person who undertakes any activity that damages or hinders the proper functioning of the water resources monitoring system or network shall be required to cover the cost of repairs within a period of time determined by the Authority. (3) Any person who undertakes any activity that damages or hinders the proper functioning of water resource monitoring system or network and who fails to make good the damage or cover the costs of repair, commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Inspection. 72. (1) Within two years of the coming into effect of these Regulations, every category B, C or D water user, whether for water abstraction or effluent discharge, shall install an automated measuring meter or smart meter for the accurate measurement of water abstracted, obstructed or diverted and the effluent discharged. (2) A category B, C or D water user shall inspect, or cause to be inspected, at such time intervals as may be necessary, any automated measuring meter or smart meter prescribed in the permit in order to ensure that the quantity of water abstracted, diverted or stored, or effluent discharged is accurately measured. (3) Every permit holder shall provide a lock or locking mechanism for the adjustable device or controlling device, including any sluice gate, valve or other works, where such device or work is used to control the quantity of water diverted, abstracted or stored, or effluent discharged to prevent any unauthorised person from interfering with it. (4) The permit holder shall avail the keys for the locking device or works to an officer of the Authority when requested provided that the locking device may be designed in such way that two people shall be required to operate it during the opening and locking. (5) The automated meter or where applicable, a controlling device, shall be located at the point where the water is abstracted, diverted or the liquid waste discharged or at a point approved by the Authority. (6) If a permit holder fails or neglects to comply with any order given under this regulation, the Authority may take such measures as it may consider necessary to execute the order, and any Controlling devices and measuring meters. Kenya Subsidiary Legislation, 2025 583 expenses incurred in taking such measures shall be recoverable as a civil debt from the water user or person upon whom such order is made. (7) The Authority shall seal the automated measuring meter or smart meter installed under these Regulations. (8) Where any seal affixed under this regulation is broken without the approval of the Authority, the water user upon whose premises the seal was placed commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act: Provided that, where it can be proved that the offence was committed by some person other than the water user, that person shall be punishable as if he were the water user upon whose premises the breach occurred. 73. The Authority shall from time to time publish, to manufactures and the general public, an acceptable Application Programming Interface (API) compatible with its existing system to guide acquisition of automated meters by members of the public for purposes of compliance with these Regulations: Provided that the Authority may in compliance with the relevant procurement laws, undertake accreditation of manufacturers of smart meters. Application programming interface for automated meters. 74. Where the assessment of the water used is not based on continuous measurement by means of an automated and appropriately sealed flow measuring meter, the water user shall pay a penalty of 10% on the full amount of water used. Penalty for failure to use automated measuring device. 75. (1) Notwithstanding the quantity of water granted by the permit, a permit holder shall not abstract or divert more water from a body or bodies of water than can, for the time being, be beneficially used by the permit holder in accordance with the terms of their permit. (2) Having due regard to the priority of the purpose for which the water is granted, a permit holder shall, on direction by the Authority— (a) abstract, impound, or divert the quantity of water which may be necessary for their purpose at such times and in accordance with a schedule of abstraction that includes all other permit holders using the same body of water, or other body of water, as may, in the opinion of the Authority, secure the most equitable use of water;; and (b) discharge the quantity of water in accordance with a schedule of releases that includes all other permit holders using the same body of water, or other body of water, as may, in the opinion of the Authority, secure the most equitable use of water. Limitation of flow or quantity. 76. (1) Each Category B, C or D permit holder is required to maintain a record of the daily abstraction or effluent discharge, in cubic metres per day, made by the permit holder. (2) The record shall state the permit number, date and volume of abstraction or discharge. Collection and submission of abstraction, water quality and effluent discharge data. Kenya Subsidiary Legislation, 2025 584 584 (3) The records for abstraction or discharge for the preceding twenty-­ four months shall be available for inspection by the Authority. (4) The Authority may require an applicant for water use or an applicant for the renewal of a permit to take water quality samples and cause the samples to be analysed at the permit holder’s cost in a water quality laboratory approved by the Authority. (5) Where the water analysis results indicate that the water is not fit for human consumption the issue of the permit shall be conditional on the requirement that appropriate treatment is undertaken and evidence provided to the Authority before the water may be used for human consumption. 77. (1) Every permit holder, shall install an airline in their borehole, to enable the measurement of water levels by the Authority or any authorised person. (2) A permit holder who fails comply with this regulation commits an offence and shall, on conviction, be liable to the penalty specified in section 147 of the Act. Airline. 78. (1) The Authority may, in writing, authorise the following to exercise the powers of an inspector under these Regulations— (a) any person appointed to a post that is equal to or senior to a water resources officer or water rights officer in the Authority;; and (b) a person other than an officer of the Authority, appointed by the Authority, as inspector, which person may receive such payment in respect of their services as the Authority may determine. (2) Every person appointed to perform the duties and have the powers of an inspector shall carry a document of identification and shall produce it when required in the performance of their duties. Inspector. 79. (1) The Authority shall establish systems for data collection, analysis and management including data collection centres, rain gauging stations, laboratories. (2) The Authority shall, on the basis of data gathered by or submitted to it, maintain a database for purposes of water resources regulation. (3) The database shall contain data on climate, surface water, groundwater, water quality, catchment conditions, abstractions, permits, water use and any other data relevant to the management of the water resources. (4) Any person w h o r e q u i r e s water resources data from the Authority shall apply for t h e d a t a in writing and pay the applicable fees set out in the Second Schedule, except where the Authority is satisfied that the data is to be used for research or non-­ commercial purposes. Water resources data. Kenya Subsidiary Legislation, 2025 585 (5) In responding to a request for data the Authority shall be guided by Article 35 of the Constitution. (6) A person who sells or transfers any data that is obtained from the Authority commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. (7) The Authority shall not be liable for any errors or omissions in its data. 80. (1) The Authority sha l l maintain a register and map of all water bodies which sha l l inc lude the official name and class, if any of each water body. (2) The official name shall be determined by the Authority after consultation with other government departments and other stakeholders. Register of water bodies. PART IX -­ WATER USE CHARGES 81. (1) A person in possession of a water use permit, shall pay to the Authority water use charges for any water abstracted, diverted, abstracted or used, including energy derived from a water resource, at the appropriate rate as set out in the Second Schedule and assessed in accordance with Form WRA 015 set out in the Tenth Schedule. (2) Pursuant to section 130 of the Act, water use charges payable to the Authority under sub-­regulation (1) shall be used by the Authority to meet the costs of undertaking its regulatory functions and administrative activities as set out in section 12 of the Act. (3) A person in possession of a valid water use permit or who is required to have a valid permit for water use shall pay in addition to the water use charge, a levy amounting to ten percent of the monthly water use charge as a water conservation levy. (4) The monies collected by the Authority as water conservation levy shall be segregated from the water use charges and reported on separately and, on the basis of agreements entered into between the Authority and county government entities and water resource users’ associations, used to finance part of the costs of the implementation by water resources associations and county government entities of catchment or sub-­catchment soil and water conservation plans. (5) The payment of water use charges and conservation levies shall be made to the Authority by the 15th day of every month for water used in the preceding calendar month. (6) With the approval of the Authority, payment of the water use charge and conservation levies may be remitted to the Authority i n instalments exceeding monthly instalments. Water use charges. 82. The Authority shall, where necessary, adjust the water use charges annually in order to give effect to indexation by reference to the officially published annual inflation index. Annual adjustment of water use charges. 83. The Authority may at any time and pursuant to section 12(f) and 42(2) of the Act, determine and review water use charges on the basis— Review of water use charges. Kenya Subsidiary Legislation, 2025 586 586 (a) of a significant increase in the cost of regulating the water resources;; (b) that water use charges facilitate water resources demand management;; (c) inflation rate;; and (d) the use of water as a social and economic good. 84. (1) A permit holder shall install an automated measuring device for the assessment of the quantity of water used with respect to each permit. (2) The permit holder shall transmit readings from the automated meter to the Authority. (3) In the event that the permit holder does not submit readings of the quantity of water used, the Authority shall take readings of the quantity of water used provided that if the Authority reasonably believes that the meter readings are inaccurate, the Authority shall make a fair estimate of the quantity of water used. (4) In making the assessment, the Authority shall be guided by the allocation in the permit and by observations and evidence of water use activities. (5) In the event that the assessed quantity of water used, as determined by the Authority, is 25% more or less than the permitted allocation, considering seasonal variations, the Authority may re-­ evaluate and vary the permitted allocation. (6) If the permit holder and the Authority cannot agree on the assessment of the quantity of water used, then the opinion of the Authority shall prevail and the permit holder shall pay the amount assessed by the Authority provided that the permit holder if dissatisfied with the Authority’s assessment, may lodge a complaint in accordance with regulation 140. (7) Without prejudice to sub-­regulation (6), the Authority may use various criteria to assess water use charges including reference to crop production, resources extracted and such other criteria as may, in the assessment of the Authority give an indicative amount of the water used. Automated measuring device. 85. (1) Where the Authority discovers that a permit holder has not paid water use charges, the Authority shall charge the permit holder for any arrears due as provided under these Regulations. (2) Where the Authority discovers that a permit holder has tampered with or caused their meter to be tampered and under-­declared water use after the entry into force of these Regulations, the Authority shall charge for the under declared water use in arrears. Claim on arrears. 86. Where a permit holder abstracts water in excess of the permitted amounts by over 5%, the Authority shall impose a penalty on the excess water abstracted at the rate of ten shillings per cubic metre. Penalty for over-­ abstraction. Kenya Subsidiary Legislation, 2025 587 87. The Authority may impose an additional 10% to the water use charges payable for any water use within a groundwater conservation area or protected area gazetted under the Act to cover for the cost of enhanced regulation required in such areas. Groundwater conservation charge. 88. (1) A permit holder who has installed and uses water from flood water storage facilities that can cater for double the water use required under a permit, may be granted a rebate of 10% of the water use fees payable under these Regulations on the use of water from a regulated watercourse. (2) The rebate under sub-­regulation (1) shall be applicable upon— (a) certification by the Authority;; and (b) compliance with permit conditions by the permit holder. Rebate of payment payable. 89. The Authority shall impose a simple interest charge of two percent per month until the whole amount is paid in full for late payment of water use charges . Interest for late payment. 90. (1) Failure to pay the appropriate water use charges is a breach of the conditions of a permit and may be a basis for the revocation or suspension of the permit. (2) The Authority may within fourteen days, following notice given to the permit holder, disconnect works, suspend or cancel the permit, if the permit holder fails to pay in full the water use charges for any one payment period for a period of one hundred and twenty days after the due date. (3) Any permit holder whose w o r k s h a v e b e e n d i s c o n n e c t e d o r w h o s e permit has been suspended or cancelled due to non-­payment of water use charges may not apply for a lifting of the suspension or a new permit or amendment until the outstanding amount and any associated cost is paid in full. (4) Any application for a new permit or amendment of an existing permit shall not be considered if the permit holder is in arrears regarding any payments. (5) Where, due to non-­payment of water use charges, the Authority disconnects or dismantles an intake or abstraction equipment or facilities, reconnecting the abstraction facilities without permission from the Authority shall constitute an offence punishable under the Act. Failure to pay water use charges. PART X -­ CONSERVATION OF RIPARIAN AND CATCHMENT AREAS 91. (1) Riparian reserve shall not imply a change of ownership, but imposes management controls on land use for water resource quality as set out in these Regulations and in accordance with Article 66(1) of the Constitution and the Act. (2) Unless otherwise determined by an inspector, the riparian reserve on each side of a watercourse is defined as a minimum of ten Determination of the riparian reserve. Kenya Subsidiary Legislation, 2025 588 588 metres or equal to the full width of the watercourse up to a maximum of thirty metres on either side of the bank. (3) The width of the watercourse shall be equal to the distance between the top edges of its banks. (4) The riparian reserve shall be measured from the top edge of the bank of the watercourse and this shall apply to seasonal and perennial watercourses. (5) The management obligations of a riparian reserve shall vest on the landholder provided that the Authority shall supervise the use to ensure any utilization of resources is in accordance with the Act and these Regulations. (6) Unless otherwise determined by an inspector, the riparian reserve adjacent to a lake, reservoir or stagnant body of water is defined as a minimum of two metres vertical height or thirty metres horizontal distance, whichever is less, from the highest recorded water level. (6) Unless otherwise determined by an inspector, the riparian reserve adjacent to the eye of a spring shall be a minimum radius of three metres to a maximum radius of fifteen metres, as measured from around the edge of the spring. (7) Unless otherwise determined by an inspector, the riparian reserve adjacent to the ocean is defined as a minimum of two metres vertical height or thirty metres horizontal distance from the high-­water mark, whichever is less. 92. A landholder or occupier of a riparian reserve may— (a) demarcate the riparian boundary of any watercourse or body on such land;; and (b) in demarcating such land, place visible and permanent beacons at their own cost at sufficient intervals to represent the boundary. Demarcation of riparian reserve. 93. (1) No person shall undertake the activities listed in Part 1 of the Fifth Schedule on riparian reserve, unless authorised by the Authority in consultation with other relevant stakeholders. (2) A w a t e r user may, showing good cause, request the Authority in writing to undertake a proscribed activity. (3) The Authority shall acknowledge the request in sub-­ regulation (2) within seven days and respond in writing within thirty days or such longer period as the circumstances may justify stating its decision. (4) The Authority shall, in considering whether to approve or reject the application in sub-­regulation (2), require the applicant to present an environmental impact assessment licence where such activities fall within the meaning of the Second Schedule to the Environmental Management and Coordination Act. (5) Where the application in sub-­regulation (2) includes activities that require development permission from a county Proscribed activities on riparian reserve. Cap. 387. Kenya Subsidiary Legislation, 2025 589 government, the applicant shall seek approval of the Authority before applying for development permission from a county government under the Physical and Land Use Planning Act or other applicable law. (7) A person who undertakes any of the proscribed activities on riparian reserve without approval by the Authority commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Cap. 303. 94. (1) The Authority may order or require a riparian landholder or water user, at their cost, to develop and implement a soil and water conservation plan. (2) If the riparian landholder or water user fails to comply with an order to develop a soil and water conservation plan, the Authority may cause such a plan to be developed. (3) In requiring a riparian landholder or water user to improve the condition of the riparian reserve, the Authority may at its discretion, facilitate support to undertake the improvement. (4) The Authority may by order, require a riparian landholder or water user, to desist from any proscribed activity or to improve the condition of the riparian reserve in the interests of meeting the water resource quality objectives. (5) The Authority may recover the cost of developing the plan referred to in sub-­regulation (4) from any person who has failed to comply with the order. Orders related to riparian reserve. Cap 303. 95. (1) The Authority shall put in place measures to ensure that soil and water conservation policies of the national government are implemented by the county governments. (2) Without prejudice to the generality of sub-­regulation (1) the Authority shall ensure that the county governments— (a) periodically review county policies, strategies and plans for the implementation of national policies on soil and water conservation;; (b) implement and give effect to national policies on soil and water conservation;; (c) coordinate and oversee the implementation of soil and water conservation policies within the county;; (d) mobilise financial and other resources for the implementation of soil and water conservation policies;; (e) put in place measures to secure the effective implementation of soil and water conservation policies within the county;; and (f) report to the Authority on the state of soil and water conservation in the county. Soil and water conservation policies. 96. (1) For the purposes of conserving the catchments and riparian areas, the Authority may order, or impose a condition on an Soil and water conservation plan. Kenya Subsidiary Legislation, 2025 590 590 authorisation or a permit, to require a landholder, land user, county governments or water resource users association to prepare and comply with a soil and water conservation plan. (2) In respect to sea water, the soil and water conservation plan shall include catchment protection mechanisms in order to mitigate siltation. (3) In requiring a soil and water conservation plan, the Authority shall apply the criteria shown in Part 2 of the Fifth Schedule. (4) The soil and water conservation plan shall be in accordance with the specifications set out in the Third Schedule. (5) If in the opinion of the Authority the landholder or l a n d u s e r fails to comply with an approved soil and water conservation plan, the Authority may cause to be rectified, constructed or implemented sufficient soil and water conservation measures for the purposes of conserving water resource quality conditions. (6) The Authority may recover the cost of undertaking these measures from a person who has failed to comply. (7) Failure to comply with an approved soil and water conservation plan may be considered by the Authority as a basis for rejecting, suspending, cancelling or varying a permit. (8) A person who fails to comply with the soil and water conservation plan commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. PART XI -­ WATER RESOURCE USERS ASSOCIATIONS 97. (1) A water resources users association shall register with the Authority by submitting Form WRA 018 in the Tenth Schedule. (2) For a water resources users association to qualify for registration by the Authority, it shall— (a) be registered under the Societies Act, as an association provided that prior to the registration, the water resources users association shall seek a letter of no objection from the Authority;; (b) have a constitution conducive to collaborative management of the water resources of a particular sub-­catchment and which promotes public participation, conflict mitigation and resolution, gender main-­streaming and environmental sustainability;; (c) have a delineated boundary map of its coverage area;; and (d) submit a list of its members and minutes of a meeting that elected its officials. (3) The Authority shall respond in writing within thirty days of the receipt of the application for registration as a water resources users association. Registration and operation of water resources users associations. Cap. 108. Kenya Subsidiary Legislation, 2025 591 (4) If after thirty days there are no objections or if any objections received have been satisfactorily addressed, the Authority shall issue the water resources users association with a certificate of registration in Form WRA 019 in the Tenth Schedule and enter its name in the register for water resources users association. 98. (1) Water resources users associations’ operations shall comply with the following— (a) the water resources users association plans shall be facilitated by the Authority and their review approved by the Authority;; (b) the water resources users association shall receive and utilize funds with approval from the Authority in related water resource management activities;; (c) the water resources users association shall adhere to its constitution and shall not develop by laws that are in contradiction with the Constitution;; (d) the water resources users association shall submit an annual report to the Authority and as when it is required;; (e) the water resources users association shall make annual returns to the Attorney General and share the same information with the Authority;; and (f) the water resources users association shall not engage in any political activity. (2) For a water resources users association to qualify to enter into a tripartite water resource management memorandum of understanding with the Authority and the respective county government, it shall— (a) be legally registered under the Societies Act;; (b) have a constitution that promotes collaborative management of a water resource, active membership that shall be open to all water users in the area, public participation, conflict mitigation and resolution, gender main-­streaming and environmental sustainability;; (c) have a sub-­catchment management plan developed in line with the basin area water resources management strategy in accordance with section 29(3) of the Act;; (d) have a functioning and duly functioning management committee;; (e) have requisite technical, administrative and organizational capacity to perform the functions specified in the memorandum of understanding;; and (f) have a record of compliance with financial procedures and obligations, including the remittance of statutory deductions, income tax and other applicable taxes. Water resources users associations’ operations. Cap 108. Kenya Subsidiary Legislation, 2025 592 592 99. (1) Where a water resources users association traverses more than one county, the memorandum of understanding shall be between the authority, the water resources users association and all the counties traversed by the water resources users association. (2) The Authority, county government and the water resources users association shall before entering into a water resource management memorandum of understanding— (a) identify the sub-­basin and water resource proposed to be the subject of the agreement;; and (b) assess and agree on a proposed mechanism for collaborative management of the water resource. (3) The memorandum of understanding shall identify modalities for administrative, technical or financial support to the water resources users association by the Authority and county government in respect of activities related to collaborative water resource management. (4) Without prejudice to financial support mechanisms referred to in sub-­regulation (3), the Authority shall equitably allocate financing to water resources users associations for conservation and management of water resources. Memoranda of understanding. 100. (1) The Authority shall maintain a r egister of water resources users associations. (2) The Authority shall on an annual basis publish on its website, water resources users associations that have been suspended and deregistered. (3) Any person may obtain certified copies of the information in sub-­regulation (2) from the Authority upon payment of the fees prescribed in the Second Schedule. (4) Whenever the particulars of the water resources users association change, the water resources users association shall re-­ submit Form WRA 018 in the Tenth Schedule to the Authority. Register of water resources users associations. 101. (1) The Authority may with good cause suspend a water resources users association from the register of water resources users association in the following circumstances – (a) if the water resources users association fails to adhere to its own constitution;; (b) if the water resources users association is deregistered under the Societies Act;; (c) if the water resources users association breaches any conditions under these Regulations or fails to honour the tripartite memorandum of understanding with the Authority and the county government;; or (d) any other justifiable cause which in the view of the Authority undermines the objectives of water resources users association. Suspension of water resources users associations. Cap. 108. Kenya Subsidiary Legislation, 2025 593 (2) Where the Authority intends to suspend a water resources users association from the register of water resources users associations, it shall give the association thirty days’ notice in writing to show cause why it should not be suspended and during this period, the water resources users association shall be suspended. (3) During the period a water resources users association is suspended, it shall not engage in any activities related to any memorandum of understanding entered into with the Authority and county government, without the approval of the Authority. (4) The Authority may lift the suspension upon being satisfied that the water resources users association has taken corrective measures on the issues that led to the suspension. (5) Where a water resources users association fails to take corrective measures within a specified time, the Authority shall remove the water resources users association from its register and the water resources users association shall cease to be engaged in any water resources management activity undertaken pursuant to any memorandum entered into with the Authority and county government. (6) Water resources users association registration with the Authority does not confer any legal standing on the water resources users association, but serves only to affirm the entity considered by the Authority to be a water resources users association for a particular water resource. (7) The officials of any water resources users association under suspension or any water resources users association that has been removed from the register who contravene the provisions of this regulation commit an offence and are liable on conviction to the penalty prescribed in section 147 of the Act. 102. (1) Water resources users associations may, with the approval of the Authority, register a National Association of Water Resources Users Associations whose membership shall be drawn from water resources users associations registered by the Authority under these Regulations. (2) The functions of the National Association of Water Resources Users Associations shall be to— (a) support the Authority in selecting water resources users association eligible for funding;; (b) prepare and update the register of members;; (c) ensure its registered members comply with regulatory requirements including— (i) conduct of annual general meetings;; (ii) election of officials through elections conducted following due process;; and (iii) filing of returns to relevant government agencies as required under these Regulations or any other written law;; National water resources users association. Kenya Subsidiary Legislation, 2025 594 594 (d) lobby and advocate for resources for undertaking catchment conservation, management, innovation, livelihood and research activities;; (e) collaborate with the Authority in activities supporting water resources users associations;; (f) source for funds and seek partnerships for the implementation of water resources management activities;; (g) advocate for and promote protection, conservation and management of water resources by water resources users associations within their respective basin areas;; (h) promote water resources education and information sharing in line with guidelines provided by the Authority;; (i) network with organizations to advance common interest and goals to sustain water resources in their respective basin areas;; (j) jointly with various partners, organize and provide trainings and seminars on water resources management to water resources users associations;; (k) promote research on water resources development and management;; and (l) provide a common forum to meet, discuss and exchange ideas on water resources management. (3) The National Association of Water Resources Users Associations shall operate within guidelines specified by the Authority and in conformity to its objects of establishment. (4) Without prejudice to sub-­regulation (3), the constitution of the National Association of Water Resources Users Associations shall include the following information— (a) the name and address of the association;; (b) the objects and functions of the association;; (c) the requirements for membership of the association;; (d) the rights and duties of the members of the association;; (e) the powers, responsibilities, and duties of the management bodies and any other employee of the association;; (f) the procedures for calling and holding meetings of the General Assembly of the association;; (g) conditions for the election, term of office, suspension and removal of elected officers and members of other bodies of the association;; (h) provisions on the setting of fees;; and (i) conditions for the termination of the activities of the association. Kenya Subsidiary Legislation, 2025 595 (5) The National Association of Water Resources Users Associations shall, in addition to compliance with other legislative provisions governing its registration, establish and maintain— (a) a register of members which shall be updated annually and shall contain its name, coverage area, and activity undertaken for each water resources users association member;; (b) a register of fees paid and owed by members;; (c) the date of registration of the association;; (d) the number of members of the association;; (e) the names, addresses, email and telephone numbers of the members of the individual water resources users association management committees;; (f) a register containing the minutes of the meetings of the annual general meeting;; (g) a register containing transactions and contracts entered into by the association;; (h) an inventory of the assets of the association;; (i) a complete and accurate book of accounts and financial documents association;; (j) any other records specified in the by-­laws of the association;; and (k) a memorandum of understanding with the Authority for the implementation of activities contemplated under its objects. (6) The Authority may with good cause suspend the National Association of Water Resources Users Associations from its register of water resources users associations and during the period the National Association of Water Resources Users Associations is suspended, it shall not be engaged in any activities related to water resources users associations or activities of the Authority, without the approval of the Authority. (7) The Authority may lift the suspension upon being satisfied that the National Association of Water Resources Users Associations has taken corrective measures on the issues that led to the suspension. (8) Where the National Association of Water Resources Users Associations fails to take corrective measures, within a specified time, the Authority shall remove the National Association of Water Resources Users Associations from its register and request the Registrar of Societies to deregister the Association. (9) Upon deregistration, the National Association of Water Resources Users Associations shall cease to be engaged in any water resources management activities. (10) The Authority shall provide technical support in the elections of officials of the National Association of Water Resources Users Associations. Kenya Subsidiary Legislation, 2025 596 596 PART XII – BASIN WATER RESOURCES COMMITTEES 103. (1) Within three months of the designation of a basin area, the Cabinet Secretary shall establish a basin water resources committee and appoint members of the committee pursuant to section 26 of the Act. (2) Within three months of the commencement of these Regulations each county government whose area falls within a basin area shall submit to the Cabinet Secretary the name of its representative to the basin water resources committee from among its senior officers and a second name to serve as an alternate. (3) Notwithstanding the First Schedule of the Act, in the event that a county government falling within a basin area fails to make the appointments required under sub-­regulation (2) within the time prescribed, the basin water resources committee, once constituted, shall be deemed properly constituted to perform its functions. Designation of basin areas. 104. (1) Following the establishment of the basin water resources committee all Category C and D water use applications shall be submitted by the regional office of the Authority for consideration and advice before the Authority makes a determination on the application. (2) The Authority shall take into account the advice of the basin water resources committee in making its decision and where the decision differs from the advise in any material particulars, the Authority shall before making a decision provide to the members of the committee the reasons for departing from the advice of the committee. (3) Where an applicant for a water use permit appeals to the Water Tribunal against the decision of the Authority, the Authority shall provide the appellant with the reasons for the decision of the Authority, advice of the basin water resources committee and the explanation provided by the Authority to the committee for departing from its advice. Consideration of Category B, C and D applications. 105. (1) Notwithstanding the First Schedule of the Act, provisions of basin area management strategies developed under section 28 of the Act in respect to soil and water conservation for implementation by county governments or the operations of a water resources users association in implementing sub-­catchment management plans in the sub-­basin is to be discussed, the committee shall only be quorate if at least one-­third of the county governments participate in the meeting at which that item is to be discussed. (2) Sub-­regulation (1) shall not limit or in any way constrain the Basin Water Resources Committee from discussing and determining an application for a water use permit, its cancellation, suspension or the recommendation for the taking of other enforcement action by the Authority against a permit holder. Quorum of basin water resource committee. 106. (1) The regional office of the Authority shall facilitate the work and activities of the committee through the provision of technical, administrative, financial, logistical and other support. Regional offices. Kenya Subsidiary Legislation, 2025 597 (2) The regional officer of the Authority in charge of the basin area shall provide secretariat services to the basin water resources committee. (3) The Authority shall make requests in accordance with the provisions of the Public Finance Management Act for budgetary allocation to be utilized for the payment of salaries, allowances and other expenses of the basin water resources committees as determined under section 26(7) of the Act. Cap 412A. 107. (1) A basin water resources committee shall on an annual basis publish a report of its activities. (2) A copy of the report shall be submitted by the Authority to each county government within the basin area and where appropriate the Authority shall convene a meeting of the county governments in the basin area to discuss the report and identify priorities for action in the following year. Publication of committee reports. PART XIII -­ PROTECTED AREAS AND GROUNDWATER CONSERVATION AREAS 108. (1) Pursuant to sections 22 and 23 of the Act, the Authority may identify a catchment area, part of a catchment area or water resource to be identified as areas to be protected or designated as groundwater conservation areas if the Authority is satisfied that doing so is necessary for the protection of the water resource and its multiple uses. (2) In identifying a protected area or groundwater conservation area, the Authority shall be guided by the criteria in the Fifth Schedule and any other relevant considerations. (3) The Authority shall, in the order made pursuant to section 22 or 23 of the Act, specify the boundaries of the proposed protected area or ground water conservation area. Identification of protected or designated groundwater conservation areas. 109. (1) Pursuant to section 22 or 23 of the Act, the criteria set out in Part 3 of the Fifth Schedule shall guide the identification of a groundwater or catchment area. (2) Any Order declaring a protected area or a groundwater conservation area shall address the items listed in Part 4 of the Fifth Schedule. Criteria for groundwater or catchment area. 110. The Authority shall undertake public consultations with respect to the areas to be protected or designated as groundwater conservation areas and the management rules or plans that shall apply with respect to these areas. Public consultation. PART XIV -­ THE RESERVE 111. The reserve shall comprise of one element related to the quantity of the resource and the respective probability associated with that quantity and a second element related to the quality of the resource. Composition of the reserve. Kenya Subsidiary Legislation, 2025 598 598 112. (1) In all instances where water resource records are available, the Authority shall establish the reserve. (2) The reserve quantity for— (a) streams and rivers, shall not be less than the flow value that is exceeded 95% of the time as measured by a naturalised flow duration curve at any point along the water course;; (b) lakes and naturally occurring stagnant waters, shall not be less than the water volume that is exceeded 95% of the time as measured by a naturalised volume duration curve or, failing bathymetric data, a naturalised level duration curve;; (c) aquifers shall be the annual potential recharge minus the groundwater potential as determined by the Authority;; and (d) aquifers whose recharge rate has not been determined by the Authority, for each point of abstraction shall be 75% of the test yield expressed in cubic metres per day as determined by test pumping analysis. (3) In all instances where water resource records are not available or where there are significant ambiguities, the Authority shall establish the reserve and shall be guided by— (a) ecological vulnerability;; (b) vulnerability of local populations dependant on that water resource;; (c) local observations with respect to the naturalised flows or water levels of minimum values observed during periods of prolonged droughts;; and (d) consultations with the water resources users associations if such exist. (4) In all instances where water flow is known to be normally perennial, the reserve quantity shall be sufficient to ensure perennial flow. Reserve quantity. 113. (1) The Authority shall make the reserve information on water resources accessible to the public. (2) Any person may make a verbal or written report or complaint to any office of the Authority within the relevant catchment or to the Chief Executive Officer if— (a) the person is unable to obtain sufficient water from the water resource for basic human needs as a result of the reserve being violated;; or (b) as a result of their observations, they consider that the ecology is threatened as a result of the reserve being violated. (3) Each complaint or report registered with the Authority in regard to a violation of the reserve quantity or quality, shall be given a Information on and protection of the reserve quantity. Kenya Subsidiary Legislation, 2025 599 complaint number by the Authority which shall be used for purposes of monitoring the response to the complaint or report. (4) In any instance where a complaint or report has been registered with the Authority in regard to a violation of the reserve quantity or quality, the Authority shall respond to the complaint or report within forty-­ e i g h t hours. (5) The response of the Authority under sub-­regulation (4) shall include any of the activities set out in the Sixth Schedule. (6) Within thirty days after each report of a violation of the reserve, the Authority shall prepare a report detailing the nature of the violation and the measures taken to restore the reserve. (7) Where the A uthority considers that the reserve quantity and or quality is threatened, it shall cause to be placed in or near the water resource or in a public place frequented by the water users of a particular resource a v i s i b l e signboard displaying the current condition of the resource and action required by the water users to safeguard the reserve. PART XV – REGISTRATION OF WATER SECTOR PROFESSIONALS 114. The categories of water sector professionals shall be as specified in Part 1 of the Seventh Schedule. Categories of water sector professionals. 115. (1) No person or entity shall carry out the work of a water sector professional or contractor under these Regulations unless that person has been licensed as a water sector professional or a contractor by the Cabinet Secretary. (2) The decision on an application for a licence or conduct of a contractor or a water sector professional under these Regulations shall be communicated to the concerned party within fourteen days from the date of the decision. (3) Any contractor or water sector professional aggrieved by the final decision of the Cabinet Secretary may appeal to the Water Tribunal. Licensing of water sector professional or contractor. 116. (1) There is established a Technical Advisory Committee whose principal function is to advise on the registration, conduct and all other matters relating to water sector professionals and contractors under these Regulations. (2) The Technical Advisory Committee shall consist o f— (a) the chairperson who shall be an officer from the Ministry and appointed by the Cabinet Secretary;; (b) a representative from the Authority;; (c) a representative from the Water Services Regulatory Board;; (d) a representative from the National Water Harvesting and Storage Authority;; Establishment of the Technical Advisory Committee. Kenya Subsidiary Legislation, 2025 600 600 (e) three representatives from the following regulatory bodies— (i) Engineers Registration Board, (ii) Hydrologist Registration Board, (iii) Geologist Registration Board);; and (f) three representatives from the following professional associations — (i) Institution of Kenya Engineers;; (ii) Hydrological Society of Kenya;; and (iii) Geological Society of Kenya). (3) The Chairperson and members of the Committee shall be appointed by the Cabinet Secretary. 117. A person may apply for a water sector professional licence if the person is— (a) a holder of a degree from a recognized university who has had at least five years of practical experience in a profession or discipline relevant to the management of water resources or the provision of water and sewerage services;; and (b) a registered member of the applicable professional body. Persons qualifying for a water sector professional licence. 118. (1) A water sector professional holding a non-­Kenyan qualification may apply for a licence to practice as a water sector professional or contractor for the purpose of any specified task or in regard to a task which the person so applying for registration and licencing has been engaged to undertake under a contract with an entity established or operating under the laws of Kenya. (2) Every water sector professional or contractor licensed under sub-­regulation (1) shall for the purposes of completing a task be deemed to be a water sector professional or contractor. (3) No water sector professional or contractor holding non-­ Kenyan qualifications shall be entitled to carry out works is licenced and has paid the prescribed fee. (4) Where a complaint is made in respect of a water sector professional or contractor holding non-­Kenyan qualifications, the Cabinet Secretary may suspend the licence of such water sector professional or contractor from performing any tasks in Kenya pending the making of a final determination. Professionals holding non-­ Kenyan qualifications. 119. Any individual who provides or in tends to provide professional services related to water resources or the provision of water or sewerage services shall apply for a licence as a water sector professional under the appropriate area of specialisation to the Cabinet Secretary in Form WRP 001 set out in the Tenth Schedule. Application for a licence. 120. The Cabinet Secretary may, after receiving an application for a water sector professional licence, require the attendance of the applicant before the Technical Advisory Committee, which may Professional interview. Kenya Subsidiary Legislation, 2025 601 examine or interview the applicant on any matter relevant to the application. 121. (1) If, on the basis of the recommendations of the Technical Advisory Committee, the Cabinet Secretary is satisfied that the applicant is qualified to be licensed as a water sector professional, the Cabinet Secretary shall issue a licence in Form WRP 002 as set out in the Tenth Schedule for such period and on such conditions, as the Cabinet Secretary may deem necessary. (2) A water sector professional shall pay an annual licence fee as set out in the Second Schedule. (3 ) Payments of the licence fees shall be made to the Cabinet Secretary no later than the end of the third month of each year. (4) The Cabinet Secretary— (a) may suspend a licence where the licensee fails to renew the licence or pay the licence fees;; (b) may reinstate the suspended licence after the licensee pays the outstanding fees;; (c) shall revoke the licence where the licensee fails to renew a licence for a consecutive period of three years. Water sector professional licence. 122. All water sector professionals shall comply with Codes of Practice issued by the Cabinet Secretary from time to time. Codes of practice for water sector professionals. 123. (1) The Cabinet Secretary shall keep a register of all water sector professional licences issued under these Regulations which shall provide for different classes of approved water sector professionals. (2) Every water sector professional s h a l l inform the Cabinet Secretary in writing of changes in particulars associated with their licence within twenty-­eight days of such change. (3) Failure to notify the Cabinet Secretary of any changes may result in disciplinary action, including suspension of the licence. Register of water sector professionals. 124. (1) A complaint may be made to the Cabinet Secretary against any person licensed as a water sector professional under these Regulations if the water sector professional— (a) has become incapable of carrying out the work of a water s e c t o r professional;; or (b) has become unfit, on account of any reason, to practice as a water sector professional;; or (c) has failed to comply with o r i s in b reach o f the conditions of the i r licence or any provisions of the Act or of these Regulations;; or (d) is guilty of professional malpractice or negligence in the performance of his duties. (2) The Cabinet Secretary shall refer all complaints received against water sector professionals to the Technical Advisory Committee which shall hold an inquiry within thirty days of the Complaints against water sector professionals. Kenya Subsidiary Legislation, 2025 602 602 complaint being lodged, and if after such inquiry the Technical Advisory Committee is satisfied that the complaint is justified it shall provisionally suspend the licence of the person and immediately thereafter submit its findings to the Cabinet Secretary with a recommendation of the appropriate action. (3) A water sector professional found culpable of professional misconduct shall be subject to the cancellation or suspension of their licence, the removal of their name from the register and notification of the suspension or cancellation of the licence in the websites of the relevant regulatory authorities. (4) Pending the decision of the Cabinet Secretary on the recommendation of the Technical Advisory Committee, the water sector professional shall, on the basis of the provisional suspension of his licence, cease undertaking any professional assignments in the water sector. (5) The person against whom a complaint has been made shall be entitled to appear and be heard at such inquiry before their case is determined. (6) Any person whose licence has been suspended or cancelled or whose name has been deleted from the register of water sector professionals may, within thirty days of the date of notification of such cancellation or deletion, appeal to the Water Tribunal. 125. No certificate, document or plan required by the Act or these Regulations to be signed by a water sector professional shall be valid unless signed by a person whose name is in the register referred to in these Regulations and who is not at the time under a suspension. Validity of certificates, documents or plans. 126. Any person who wilfully and falsely takes or uses any name, title or addition implying that the person is a water sector professional licensed under these Regulations commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Misrepresentation as a licensed water sector professional. PART XVI -­ LICENSING OF CONTRACTORS 127. The categories of contractors shall be as specified in Part 2 of the Seventh Schedule. Categories of contractors. 128. (1) The Cabinet Secretary shall, in specifying the criteria for different categories of contractors, base on the following criteria— (a) plant and equipment;; (b) qualifications and experience of professional staff;; and (c) past experience and performance. Criteria for contractors. 129. (1) Any individual, corporate entity, non-­governmental or charitable organisation, or public body that intends to construct, modify, rehabilitate or service water works shall apply for registration under the appropriate category as a contractor to the Cabinet Secretary, in Form WRC 001 as set out in the Tenth Schedule. Application to register as a contractor. Kenya Subsidiary Legislation, 2025 603 (2) A person shall not be registered as a contractor unless he is in possession of a valid certificate issued by the National Construction Authority for the category of works he proposes to undertake. 130. (1) A person who is registered as a contractor under regulation 129(1) shall apply to be licensed as a contractor to the Cabinet Secretary in the Form WRC 001 as set out in the Tenth Schedule. (2) The Cabinet Secretary shall— (a) verify the details of the application;; and (b) inspect the premises and the equipment. (3) If the Cabinet Secretary is satisfied, on the basis of recommendations of the National Construction Authority, the Water Services Regulatory Board or Storage Authority as appropriate, that the applicant is a person qualified to be licensed, it shall issue a licence in the Form WRC 002 in the Tenth Schedule for such period and on such conditions as it may deem suitable. (4) A contractor shall pay an annual licence fee as set out in the Second Schedule and payments shall be made to the Cabinet Secretary no later than the end of the third month in each calendar year. (5) The Cabinet Secretary— (a) may suspend a licence where the licensee fails to renew the licence or pay the licence fees;; (b) may reinstate the suspended licence after the licensee pays the outstanding fees;; or (c) shall revoke the licence where the licensee fails to pay for the licence for a consecutive period of three years. Contractor licence. 131. (1) A contractor engaged to undertake any works shall verify that all necessary and valid authorisations have been obtained by the client in regard to the proposed works prior to the commencement of the works. (2) Commencement of works by the contractor without having verified the availability of the required authorisations may be used as a basis by the Cabinet Secretary to take disciplinary action, which may include the de-­registration of the contractor. Verification of necessary and valid authorisations. 132. (1) A complaint may be made to the Cabinet Secretary against any person licensed as a contractor if such contractor— (a) is incapable of carrying out the work of a contractor;; or (b) is unfit, through any reason, to practice as a contractor;; or (c) fails to comply with the conditions of their licence or any provisions of the Act, or of these Regulations;; or (d) is guilty of malpractice or negligence. Complaints against contractors. Kenya Subsidiary Legislation, 2025 604 604 (2) The Cabinet Secretary shall hold an inquiry within thirty days of the complaint being lodged and if after such inquiry the Cabinet Secretary is satisfied that the complaint is justified it shall take disciplinary action which may include suspension or cancellation of the licence of the contractor and where the licence is cancelled, the name of the contractor shall be deleted from the register of contractors. (3) The contractor against whom a complaint has been made shall be entitled to appear and to be heard at such inquiry before the case is determined. (4) A contractor whose licence has been suspended or cancelled and whose name has been deleted from the register of contractors under sub-­regulation (2) may, within thirty days of the date of notification of such suspension, cancellation or deletion, appeal to the Water Tribunal. 133. (1) The Cabinet Secretary shall maintain a register of licenses for contractors issued under these Regulations. (2) Every contractor shall inform the Cabinet Secretary in writing of changes in particulars associated with their licence within twenty-­eight days of such change. (3) Failure to notify the Cabinet Secretary of any changes may result in disciplinary action, including suspension of the license. Register of contractors. 134. Any individual, corporate entity, non-­governmental or charitable organisation, or public body who wilfully and falsely takes or uses any name, title or addition implying that he, she or it is a contractor licensed under these Regulations commits an offence and is liable on conviction to the penalty prescribed in section 147 of the Act. Misrepresentation as contractor. PART XVII -­ MISCELLANEOUS 135. Any water quality laboratory which is registered or accredited by the Kenya Accreditation Service established under Kenya Accreditation Service Act shall be recognised by the Authority. Recognized water quality laboratories. Cap. 496A 136. (1) The Authority may issue an order to any person to desist from any activity, or for the carrying out of corrective measures to improve compliance with these Regulations. (2) The order shall be in Form WRA 016 as set out in the Tenth Schedule and shall specify what measures are required to be taken, the period of time for compliance with the order and any other conditions pertaining to the order. (3) A person who has been issued with an order by the Authority and fails to comply within the specified period commits an offence and is liable on conviction to the penalty set out in section 147 of the Act. (4) Any person who objects to any part of an order issued under this regulation shall respond in writing to the Authority within fourteen days of the issue and provide justification for the objection. Orders of the Authority. Kenya Subsidiary Legislation, 2025 605 (5) The Authority shall, within seven days of receiving the objection, notify the person served with the order of any changes to the order, if any. (6)Where the order is not complied with within the specified period, the Authority may take any appropriate measures to prevent the continuance of any activity specified in the order including the confiscation of equipment, plant or works. (7) Any costs incurred by the Authority in effecting the measures under sub-­regulation (6) is a cost recoverable from the recipient of the order. (8) A person who is dissatisfied with a decision of the Authority may lodge a complaint with the Authority in accordance with the complaints mechanism specified in regulation 137. (9) In the event that the Authority determines that an activity may cause deterioration of the resource quality, the Authority shall take immediate corrective measures without reference to the person who caused it, and any costs incurred by the Authority in effecting these measures may be recovered from the person responsible. (10) In addition to any other penalties specified in the Act or these Regulations, a licensee or permit holder who fails to comply with an order of the Authority may have their licence or permit, suspended, cancelled or varied. 137. (1) Any person aggrieved with any decision made under these Regulations shall submit their complaint to the Authority providing the particulars as set out in the Eighth Schedule. (2) The Authority shall within twenty-­one days of receiving the complaint, reply to the complainant, copied to all other relevant parties, stating what action is being taken, the position of the Authority on the matter and any recommendation to the complainant. (3) If the complainant is dissatisfied, the complainant may forward the matter to the Chief Executive Officer of the Authority. (4) The Chief Executive Officer shall reply to the complainant, copied to all other relevant parties, within twenty-­one days of receiving the complaint stating the final decision of the Authority including whether the Chief Executive Officer upholds or annuls as the case may be, the decision of the Authority and give reasons for his decision or any recommendation to the complainant. (5) If the complainant is dissatisfied with the final decision of the Authority, t h e y may appeal this decision at the Water Tribunal. (6) Each complaint shall be given a Complaint Number by the Authority which shall be used for purposes of monitoring remedial action taken and the response to the complainant. Complaints mechanism. 138. The Water Resources Regulations, 2021, are revoked. Revocation. L.N 43/2021. Kenya Subsidiary Legislation, 2025 606 606 FIRST SCHEDULE (r., 6, 7, 8(1), 9(1), 16(1), 17(1), 52(5), 57(3)(4) WATER USE ACTIVITIES AND PERMIT DETAILS PART 1 - WATER USE ACTIVITIES THAT REQUIRE APPROVAL BY AUTHORITY Item Water Use Activity 1. Temporary abstraction for construction 2. Diversion of water from a water course 3. Abstraction from surface water 4. Diversion of a water course 5. Abstraction from groundwater, either by a borehole or a shallow well 6. Groundwater recharge augmentation 7. Water storage in dams and pans 8. Liquid waste including the effluent discharged, disposed or emitted into the environment likely to adversely impact on a water resource 9. Swamp, marsh or wetland drainage 10. Abstraction of water 11. In-stream works 12. Mixing of waters from different water resources 13. Hydropower generation 14. Exploiting and using sea water for salt production 15. Dredging of the bed of a watercourse, lake, territorial sea or other water bodies 16. Construction of boundary walls adjoining a water body, retaining walls, dykes and similar structures 17. Dumping of debris or waste materials into a water resource 18. Reclamation of land either on account of the recession of a water body or the seabed or for other reason 19. Non-consumptive utilisation involving recreational activities including training exercises if routinely carried out by a group of persons either formally or informally organised 20. The extraction of salt or other non-living natural resources from the waters of the territorial sea or other water bodies 21. The extraction of geothermal resources 22. Drilling, tunnelling, the use of explosives, excavation, quarrying and other extractive activities into or in close proximity to a water resource 23. Sand harvesting PART 2 - ACTIVITIES FOR WHICH APPLICATION FOR VARIATION OF PERMIT SHALL BE MADE: Item Activity (a) Modifications at the point of diversion or abstraction (b) Varying the water use (c) Changing the point of use (d) Mixing water covered under different permits (e) Replacement, deepening, widening or any other modification to an existing borehole, shallow well or any water works requiring approval by the Authority Kenya Subsidiary Legislation, 2025 607 (f) Abandonment of an existing water works that would normally require approval by the Authority (g) Artificial recharge of groundwater (h) Any other type of water use act iv i ty that may, from time to time, be determined by the Authority PART 3 - CATEGORY OF WATER RESOURCE USE ACTIVITIES: CATEGORY DESCRIPTION A Water use activity which by virtue of its scale has a low risk of impacting the water resource. Applications in this category will be determined at the Authority Regional Office. B Water use activity which by virtue of its scale has the potential to make a significant impact on the water resource. Permit applications in this category shall be determined at the Authority’s Regional Office following consultation with the Water Resources Users Associations or equivalent local representative association whose objective is natural resources management and conflict resolution. C Water use activity which by virtue of its scale has a significant impact on the water resource. Permit applications in this category will be determined at the Authority’s Regional Offices on the basis of advice of the Basin Water Resource Committee and following consultation with the concerned WRUAs local representative association(s) whose objective is natural resources management and conflict resolution. D Water use activity which involves either two different basin areas, or is of a large scale or complexity and which by virtue of its scale has a large impact on the water resource. Permit applications in this category will be determined at the Authority’s head office on the basis of the advice of the concerned Basin Water Resource Committees. SECOND SCHEDULE FEES AND WATER USE CHARGES (r. 13(2), 16(1), 17(3), 19(4)), 28(2), 29(2), 33(1), 35, 36), 38(1), 39(2), 41(3), 57(2), 61(6), 64(2), 79(4), 81(1)), 100(3), 121(2), 130(4)) PART A: FEES 1. GENERAL FEES Description of Activity Fees Kshs Application for Water Permit See second schedule, Part 2 Application for Easement 4000 Comments by WRUA on Application for Nil Kenya Subsidiary Legislation, 2025 608 608 Water Permit Authorisation to Construct Works Nil Application for Extension of Time of 4000 Authorisation Issuance of Extension of Authorisation to Construct Works Nil Inspection Completion Certificate Nil Water Permit See Second Schedule, Part 2 Renewal of Permit See Second Schedule, Part 2 Variation of Permit 4000 Transfer of Permit 4000 Search of Water Permit 2000 Assessment of Water Use and Charges Nil WRA Order Nil Authority to Enter Land 4000 WRUA Registration Nil Certificate of Registration of WRUA Nil Certificate of Registration of National Association of WRUAs Nil Supplement to Water Permit/Authorisation 6000 Application for Water Sector Professional 6000 Licence as Water Sector Professional 6000 Application for registration as Contractor 10000 Licence as Contractor 10000 Annual Licence Fee for Water Sector Professional 4000 Annual Licence Fee for Contractor 4000 For re-issue of or alteration to Authorisations, Permits, and Licences 4000 2. FEES FOR ASSESSMENT AND ISSUANCE OF WATER USE PERMITS BY CATEGORY Applications Assessment of Application Inspection and issuance of Permit Inspection and renewal of Permit (Kshs) (Kshs) (for 5 years) Water Use Category A 2,000 1,000 1,000 Water Use Category B 20,000 25,000 45,000 Water Use Category C 40,000 50,000 90,000 Water Use Category D 80,000 100,000 180,000 Kenya Subsidiary Legislation, 2025 609 NOTE: a) Application fees in respect of Ground Water Permits shall be accompanied with payment for physical-chemical analysis. b) For permits issued for less than 1 year, the cost of the permit will be charged on a pro-rata basis. c) The fees for Assessment for renewal and/or variation of Permit is inclusive of issuance of the Permit (renewal). 3. FEES FOR DATA, INVESTIGATIONS, LABORATORY ANALYSIS AND RELATED SERVICES Item Type Unit Rate (Kshs) Groundwater Data Basic data (WSL, WR, Yield, Depth) up to a maximum of 10 boreholes Per request 5,000 Borehole or Well Completion Record (Form 008A or 008B) including test pumping and water quality data Per borehole 5,000 Hydro- meteorological Data Rainfall (daily, monthly, or annual) Per station record 5,000 Climatic parameter Per station record 5,000 Water level and rating equations Per station record 5,000 discharge Per station record 5,000 lake/ reservoir level Per station record 5,000 sediment load Per station record 5,000 Water Apportionment Copy of Authorisation or Permit Per copy 1,000 Water Quality Data All parameters (up to a maximum of 20 data sets) Per request 5,000 INVESTIGATIONS Groundwater Hydrogeological Assessment or surveys including borehole siting Per site 40,000/- plus staff days based on contracted consultancy day rate and AA rates for mileage exclusive of Kenya Subsidiary Legislation, 2025 610 610 lab analysis costs. Surface water Hydrological Assessment or surveys Per request 40,000/- plus staff days Based on contracted consultancy day rate and AA rates for mileage exclusive of lab analysis costs. WQ & pollution Control Water Quality Assessment or surveys Per request 40,000/- plus staff days based on contracted consultancy day rate and AA rates for mileage exclusive of lab analysis costs. Surface water Flow measurement Per site 20,000/- plus staff days based on contracted consultancy day rate and AA rates for mileage Thematic maps & reports blue prints Per copy 2,000 coloured prints Per A1 copy Per A0 copy 5,000 5,000 coloured prints Per A4 copy Per A3 copy 1,000 1,000 Digital Maps Per Theme 20,000 Reports Per page 50 Equipment Hire Per day As per prevailing schedule of rates issued by WRA from time to time Copy of Register of WRUAs Per region 5000 Copy of Register of Water Bodies Per region 5,000 Copy of Register of Authorisations or Permits Per 100 or part thereof 5,000 Copy of Register of Water Sector Per copy 5,000 Kenya Subsidiary Legislation, 2025 611 Professionals or Contractors Recommendations by WRUA on Application for Permit Note recommendation by WRUA does not confer or imply a Permit for water abstraction by the Applicant Permit Per Permit 2,000 Certified Copy of Register of WRUAs Per Sub region 1,000 WRUA Development Cycle 4,000 PART B: RATES FOR WATER USE CHARGES FOR PERMIT CATEGORIES A, B, C AND D. Type of Water Use Criteria Rate Domestic Domestic purposes 2.50 Kes/m3 Public public purposes 2 Kes/m3 Livestock livestock purposes 2 Kes/m3 Hydropower Generation Amount of energy generated No charge First 1 MW Over 1 MW 1Kes per kWh Irrigation First 300 m3/day 2 Kes/m3 Over 300 m3/day 2.5 Ksh/m3 Fish Farming Amount supplied 10 cents/m3 Recreational/aesthetic Amount supplied 10 cents/m3 Commercial / Industrial First 300 m3/day 5 Ksh/m3 Over 300 m3/day 6 Ksh/m3 Effluent Discharge: Effluent Discharge Class A Pollution Loading Points- 0-200 Potential Impact- Low impact 1 Ksh/m3 Effluent Discharge Class B Pollution Loading Points- 201-1600 2 Ksh/m3 Kenya Subsidiary Legislation, 2025 612 612 Potential Impact- Moderate impact Effluent Discharge Class C Pollution Loading Points- 1601-4000 Potential Impact- High impact 2.50Ksh/m3 Effluent Discharge Class D Pollution Loading Points- 4001-10,000 Potential Impact- Very high impact 3 Ksh/m3 Salt Extraction Water use activities for salt extraction from water resources, including the ocean. Shall be calculated based on salt Production (tons) guided by the following derivations: (a) Density of freshwater =1,000 kg salt/ 1m3 (1 kg per liter); (b) Density of seawater = 1,027 kg salt/ 1m3 (1.027 kg per liter); (c) Mass of dissolved salts = 27 kg salt/ 1m3 (0.027 kg per liter); (d) Mass of NaCl in a cubic meter of seawater 0.945 kg per cubic meter (3.5% of 27 Kg; (e) Volume of seawater yielding 1 kg of NaCl = (1/0.948) = 1.058m3 (f) 1 Ton = 1,000 kg; (g) Volume of seawater yielding 1 Ton of NaCl = 1,058 m3 against an average 3.5% (35 parts per thousand). Lab Analysis Charges Laboratory Water Quality Testing Charges As provided under Part C of this Schedule Searches Riparian, WRUAs, Wetlands Dams Swamp Ksh.1,000 Registration Of Professionals Registration Renewal Ksh.12,000 Ksh.12,000 Registration Of Contractors Registration Renewal Ksh.25,000 Ksh.25,000 NOTE: A) All water uses under Category B, C and D attract water use charges. B) Water use charges apply to water abstracted, diverted, stored, or used for hydropower generation. Kenya Subsidiary Legislation, 2025 613 PART C - LABORATORY WATER QUALITY TESTING CHARGES PARAMETER CHARGES (Kshs) Individual Parameters CHARGES (Kshs) Physical Chemical Analysis 5000 22.Total Hardness 600 Biological Analysis 3500 23. Sulphides 350 Partial Effluent Analysis 5000 24 Dissolved Oxygen 300 Full Effluent Analysis 8000 25. Temperature 200 Individual Parameters 26. Salinity 300 1. pH 200 27. Chemical Oxygen Demand 1000 2. Colour 200 28. Biochemical Oxygen Demand 1000 3. Turbidity 300 29. Chlorine Demand 1000 4. Conductivity 300 30. 4Hr.Permaganate Value 500 5. Magnesium 400 31. Oil & Grease 1000 6. Total Alkalinity 350 32. Total Suspended Solids 500 7. Free Carbon Dioxide 200 33. Pesticides (each) 8000* 8. Orthophosphate 500 34. Detergents 2000 9. Total Phosphorus 700 35. Residue Chlorine 300 10. Chloride 300 36. Total Nitrogen 1000 11. Iron 700 37. Phenols 500* 12. Nitrate 500 38. Heavy metals (each) 1000 13. Nitrite 500 39. Coliforms & E.Coli 3500 14. Total Dissolved solids 300 40. Legionella 5000 15. Sulphate 400 41. Jar Test 5000 16. Fluoride 400 42. Water Treatment Chemical Analysis 5000 17. Calcium 400 43. Arsenic 1000 18. Manganese 700 44. Water quality Data for all parameters (up to Max. 20 data sets) 2000 19. Potassium 350 20. Sodium 350 21. Ammonia 500 Kenya Subsidiary Legislation, 2025 614 614 THIRD SCHEDULE (r. 2, 17(2), 19(1), 52(4), 59(2)(a) CONTENT AND FORMAT OF TECHNICAL REPORTS The following are guidelines for Technical Reports and compilers are expected to exercise their professional judgement in including other appropriate items in the Technical Report. FORMAT OF REPORTS All reports shall be submitted to the Authority in the following format: Item Format 1. One original paper hardcopy of all documents, duly signed, and adequately bound together; 2. Two paper copies of all documents; 3. A digital Portable Domain Format (PDF) format of the document and drawings submitted on a Compact Disk or any other appropriate electronic medium. FORMAT OF DRAWINGS All technical drawings submitted to the Authority shall comply with the following format: Item Format 1. One original paper hardcopy of all drawings, duly signed, and adequately bound together; 2. Two paper copies of all drawings; 3. A digital DXF (Digital Exchange Format) format of the technical drawings submitted on a Compact Disk (CD) or other electronic medium as appropriate. Every plan shall be signed and dated by the person making it, and, if it is made by any person other than the applicant to whom it relates, the application or the i r authorised agent shall also approve, sign and date it. Every plan prepared by a water sector professional shall have endorsed thereon a certificate in the following form:- CERTIFICATE I/We ………………………………………………………………………….. of ……………………………………………… hereby certify that this plan was made by me/us [or under my/our direction] and that it correctly represents the places, lands, areas and works shown thereon. …………………………. Water Sector Professional(s) All reduced levels or elevations shown on any plan, or set of plans, longitudinal sections cross sections of any work or works shall be to the same datum, and reference shall be made on at least one sheet of any set of plans, longitudinal sections or cross sections indicating the datum used, and also the positions of all bench marks, which shall be properly located and described on the general map (and which bench marks one shall be in the immediate vicinity of the point of diversion, abstraction or storage), from which the datum may be gained. Kenya Subsidiary Legislation, 2025 615 The location of the datum shall be described by the Grid Reference in UTM Coordinates based on the Arc 1960 datum. The elevation shall be referenced to mean sea level. The nature of the datum shall be adequately described. FORMAT OF MAPS AND DRAWINGS All technical drawings and maps submitted to the Authority shall comply with the following format Item Format 1. A digital Tagged Image File Format (TIFF) format of the maps submitted on a CD, or other appropriate media. SITE ASSESSMENT REPORT A Site Assessment Report shall substantially provide the following details: Item Details 1. Name and details of Applicant. 2. Description of Proposed Activity. 3. Confirmation of Site details. 4. Relevant hydrological features. 5. Relevant riparian and catchment features. 6. Recommendations. TECHNICAL REPORTS The following technical reports shall substantially provide the details required. DAM DESIGN REPORT (FOR CLASS SD1, SD2 AND SD3 DAMS) Item Contents 1. Details of location 2. Details of hydrological assessment 3. Details of design flood and return period 4. Details of embankment 5. Details of reservoir 6. Details of draw-off and compensation works 7. Details of spillway(s) 8. Details of ancillary structures 9. Details of construction materials 10. Details of construction schedule 11. Details of operational rules 12. Procedures to notify and protect downstream inhabitants, infrastructure and environments 13. Schedule of inspection and maintenance 14. Assessment of impacts and risks TECHNICAL DESIGN REPORT Item Detail 1. Name and details of Applicant 2. Description of Proposed Activity Kenya Subsidiary Legislation, 2025 616 616 3. Analysis of Demand 4. Details of Hydrological Assessment 5. Details of Structures to be built 6. Details of Equipment to be installed 7. Details of Controlling Device 8. Details of Measuring Device 9. Details of operating procedures 10. Details of safety devices PROGRESS REPORT Item Detail 1. Name and details of applicant 2. Description of proposed Activity 3. Details of Authorisation including the time frame 4. Cause of delay 5. Revised timeframe for completion DAM INSPECTION REPORT Item Contents 1. Current condition of dam with respect to approved design and “as-constructed” condition 2. Any action required to restore the functional and structural integrity of the dam to the required state 3. Any changes with regard to the risk of or impact in the event of dam failure 4. Review appropriateness of the action plan in event of dam failure DAM DAMAGE OR FAILURE REPORT Item Contents 1. Details of location 2. Date and time of dam failure or damage 3. Preceding climate 4. Preceding hydrology 5. Cause of dam failure or damage 6. Steps taken to notify downstream inhabitants 7. Nature and extent of damage caused to the dam or caused by the dam failure HYDROLOGICAL ASSESSMENT REPORT Item Details 1. Name and details of Applicant 2. Location and Description of Proposed Activity 3. Details of Climate 4. Details of river or water body (name, nearest Regular Gauging Station, Sub- catchment) Kenya Subsidiary Legislation, 2025 617 5. Details of catchment (area, slopes, soils) 6. Details of vegetation and land use 7. Details of Registered and Non registered Abstraction on the resource 8. Details of all other permits related to this application 9. Hydrological characteristics and analysis (annual, monthly, extreme events, flow duration or probability of events occurring) 10. Hydrochemistry 11. Analysis of the reserve 12. Assessment of availability of flow 13. Impact of proposed activity on flow regime, water quality, other abstractors 14. Recommendations on Proposed Activity HYDROGEOLOGICAL SURVEY REPORT Item Detail 1. Name and details of applicant 2. Location and description of proposed Activity 3. Details of climate 4. Details of geology and hydrogeology 5. Details of neighbouring boreholes, and neighbouring proposed valid authorisations, including location, distance from proposed borehole or boreholes, number and construction details, age, current status and use, current abstraction and use 6. Description and details (including raw and processed data) of prospecting methods adopted, e.g. remote sensing, geophysics, geological and or hydrogeological cross sections Hydro- geological characteristics and analysis, to include but not necessarily be limited to, the following: (a) Aquifer transmissivity; (b) Borehole specific capacities; (c) Storage coefficient and or specific yield; (d) Hydraulic conductivity; (e) Groundwater flux; (f) Estimated mean annual recharge, and sensitivity to external factors. 7. Assessment of water quality and potential infringement of National standards 8. Assessment of availability of groundwater 9. Analysis of the reserve 10. Impact of proposed activity on aquifer, water quality, other abstractors, including likelihood of coalescing cones of depression and implications for other groundwater users in any potentially impacted areas 11. Recommendations for borehole development, to include but not limited to, the following: (a) Locations of recommended borehole(s) expressed as a coordinate(s) and indicated on a sketch map; (b) Recommendations regarding borehole or well density and minimum spacing in the project area; (c) Recommended depth and maximum diameter; (d) Recommended construction characteristics, e.g. wire-wound screen, grouting depth; and (e) Anticipated yield. 12. Any other relevant information (e.g. need to monitor neighbouring boreholes during tests) Kenya Subsidiary Legislation, 2025 618 618 WASTE DISPOSAL CONTROL PLAN Item Detail 1. Name and details of applicant 2. Quantity and quality of inflow water and waste 3. Type and source of waste 4. Design of waste treatment plant 5. Location and description (frequency, quantity, quality and nature) of effluent 6. Description of treatment and operations, if any 7. Hydrology, hydrogeology and hydrochemistry of receiving water body 8. Impacts on receiving water body in terms of quantity and quality 9. Proposed water quality requirements for the permit and the timeframe for achieving compliance 10. Monitoring programme, (measuring device, controlling device, sampling, records, reporting procedures) 11. Emergency plan for accidental discharges and their risks WATER QUALITY AND POLLUTION CONTROL ASSESSMENT REPORT Item Detail 1. Name and details of applicant 2. Location and description of activity or proposed activity 3. Details of river or water body (name, nearest Regular Gauging Station, Sub- catchment) 4. Details of flow regime and hydrochemistry 5. Nature and characteristics of waste disposed 6. Impact of waste upon water resource and other water users 7. Other sources of pollution in the project area 8. Conclusions and recommendations SOIL AND WATER CONSERVATION PLAN Item Detail 1. Existing soil and water conservation structures and practises 2. Potential sources of sediment and other pollutants to the water course 3. Slope of land 4. Land use 5. Condition of the riparian land 6. Proposed measures and targets for improved soil and water conservation 7. Targets and timeframe for adoption and implementation of proposed soil and water conservation structures and practices 8. Schedule of inspection of the Soil and Water Conservation Plan 9. Site sketch showing:- (a) Demarcation of boundaries of land covered under the Soil and Water Conservation Plan; and (b) Identification of significant features. Kenya Subsidiary Legislation, 2025 619 BASIN AREA WATER RESOURCES MANAGEMENT STRATEGY Item Detail 1. A description of the institutional framework for water resource management detailing institutional roles and responsibilities. 2. A strategy for the conservation of the catchment and riparian areas. 3. A water resource development strategy capturing the need for improved water resource reliability and availability to meet current and future demands and to address poverty alleviation targets. 4. A stakeholder participation strategy that will include mechanisms for encouraging the formation and establishment of Water Resource Users Associations and strengthening them once established. 5. A communication strategy that will capture the communication needs and mechanisms for the catchment. 6. A water resource monitoring strategy that will capture the water resource monitoring network and flow prediction targets. 7. A compliance strategy that will detail the timeframe, approaches and requirements to bring water users into compliance with water management rules. 8. A water demand management strategy that will capture approaches and targets for improving water allocation and use efficiencies. 9. A water allocation plan detailing: (a) a description of the class of resources and their resource quality objectives; (b) an analysis of current and future water demands; (c) allocation of the resource to the reserve and to different types of uses; (d) measures to be taken to ensure that water use approvals remain true to the allocations; (e) measures to be taken when resource availability is limited; (f) a compliance plan; (g) an enforcement plan; and (h) mechanisms for reviewing the allocation plan from time to time as the need arises. Kenya Subsidiary Legislation, 2025 620 620 FOURTH SCHEDULE (r. 61(1)) STANDARDS FOR EFFLUENT DISCHARGE PART 1: STANDARDS FOR EFFLUENT DISCHARGE INTO SURFACE WATER RESOURCES PARAMETER MAX ALLOWABLE (LIMITS) Arsenic as Ag (mg/l) 0.1 Biochemical Oxygen Demand (BOD 5 Days at 20 °C) (mg/l 30 Cadmium as Cd (mg/l) 1 0 Chemical Oxygen Demand (COD) (mg/l) 100 Chromium as Cr (mg/l) Less than 0 01 Lead as Pb (mg/l) Less than 0 01 Oil and grease (mg/ml) 0.05 pH (pH scale) 5.0-9.0 Phenols total (mg/l) 0.05 Sulphide as S (mg/l) 2.0 Total Suspended Solids (mg/l) 30 Temperature (in degrees Celsius) based on ambient temperature ± 5 Cyanides as CN (mg/l) Less than 0.2 Nickel as Ni (mg/l) Less than 2.0 Detergents (ABS) (mg/l) Less than 5.0 Mercury as Hg (mg/l) Less than 0.01 Total Phosphorus as P (mg/l) 2 Total Nitrogen as N (mg/l) 10 Total pesticide residues (µg/l) 0.05 Remarks The Authority may issue industry-specific Guidelines for effluent disposal based on the water quality objectives, the reserve water quality and dry weather stream flow for individual water courses or bodies. PART 2: STANDARDS FOR DISCHARGE OF WASTE ONTO LAND (WITH IMPACTS ON GROUNDWATER PARAMETER MAXIMUM pH 5.5 – 9.0 Boron (mg/l) 2.0 BOD (mg/l) 500 Chloride (mg/l) 600 Total Dissolved Solids (mg/l) 2100 Oil and grease (mg/l) 30 Sulphates (mg/l) 1000 Sodium (as percentage of total cation concentration 60 Kenya Subsidiary Legislation, 2025 621 FIFTH SCHEDULE (r. 93(1), 96(3), 108(2), 109(1)(2)) RIPARIAN AND CATCHMENT PROTECTION AND CONSERVATION AREAS 1. PART 1: ACTIVITIES PROSCRIBED ON RIPARIAN RESERVE ARE: Item Activity (a) Tillage or cultivation; (b) Clearing of indigenous trees or vegetation; (c) Building of permanent structures; (d) Disposal of any form of waste within the riparian reserve; (e) Excavation of soil or development of quarries; (f) Planting of exotic species that may have adverse effect to the water resource; and (g) Land reclamation. 2. PART 2: THE CRITERIA FOR REQUIRING A SOIL AND WATER CONSERVATION PLAN ARE: Item Criterion (a) existing condition of the riparian area and the risk of river bank erosion, sources of direct runoff into the water course and sediment sources within the riparian and catchment areas; (b) slope of the land; (c) land use and land management practices and the risk of soil erosion and destruction from excessive direct runoff; (d) presence or otherwise of soil and water conservation structures; (e) potential water resource pollution arising from the land use; and (f) any other criteria that the Authority considers to be significant. 3. PART 3: THE CRITERIA FOR IDENTIFYING A PROTECTED AREA OR GROUNDWATER CONSERVATION AREA ARE: Item Criterion (a) catchment characteristics; (b) the vulnerability of the water resource; (c) the water resource quality objectives and the current status of the water resource; (d) the class of the water resource; (e) water demands, present and projected, on the water resources; (f) land uses and their potential impact on the water resources; and (g) any other criterion that the Authority considers relevant; 4. PART 4: CONTENTS OF ORDERS OR PLANS RELATED TO A PROTECTED AREA OR GROUNDWATER CONSERVATION AREA MAY INCLUDE: Item Contents (a) procedures to be applied for the management of the protected a rea or g roundwater conservation area; Kenya Subsidiary Legislation, 2025 622 622 (b) prohibited activities; (c) any measures required to be undertaken for water resource conservation and protection; (d) the timeframe for implementation of required measures; and (e) any other conditions that the Authority may consider relevant. SIXTH SCHEDULE (r. 113(5)) VIOLATIONS OF THE RESERVE MEASURES THAT THE AUTHORITY MAY TAKE IN RELATION TO A REPORT ON VIOLATION OF THE RESERVE INCLUDE: Item Measures (a) investigating the cause of the reserve violation; (b) advise the Cabinet Secretary that an emergency situation exists and the reserve is being violated by virtue of natural and or anthropogenic events; (c) enforcing any conditions on any approvals, authorisations or permits that may rectify the situation; (d) temporarily suspending or varying permits; (e) hydrographic and abstraction surveys; (f) establishing or revising a water allocation plan or an effluent discharge control plan; (g) informing the public on the condition of the reserve and any actions that are needed to restore the reserve; and (h) any other measures considered appropriate by the Authority. Kenya Subsidiary Legislation, 2025 623 SEVENTH SCHEDULE (r. 114, 127) WATER SECTOR PROFESSIONALS AND CONTRACTORS Part 1: CATEGORIES OF WATER SECTOR PROFESSIONALS Panel I –Water Supply and Sanitation Consultant Engineer 1 Construction value of over Kshs.100M 2 Construction value of up to Kshs.100 M Panel II –Irrigation Consultant Engineer 1 Construction value of over Kshs.100M 2 Construction value of up to Kshs.100 M Panel III –Dam Consultant Engineer 1 Class SD3 Dams 2 Class SD2 Dams 3 Class SD1 Dams Panel IV Hydrologist Panel V Hydrogeologist Panel VI Chemist Part II: CATEGORIES OF CONTRACTORS Water Supply, Sewerage, Irrigation, Electromechanical & Installation works Class 1 UNLIMITED Class 2 Up to Ksh. 1,000,000,000 Class 3 Up to Ksh. 500,000,000 Class 4 Up to Ksh. 200,000,000 Class 5 Up to Ksh. 100,000,000 Class 6 Up to Ksh. 40,000,000 Class 7 Up to Ksh. 20,000,000 Dam Construction and Associated Works Class 1 UNLIMITED height UNLIMITED value Class 2 30 Meters max Height Up to Ksh 1,500,000,000 value Class 3 15 Meters max Height Up to Ksh 500,000,000 value Class 4 5 Meters Max Height Up to Ksh 50,000,000 value Borehole Drilling, Equipping and Servicing Class 1 OVER 300 depth UNLIMITED value Class 2 300 Meters max depth Up to Ksh 30,000,000 value Class 3 150 Meters max depth Up to Ksh 10,000,000 value Class 4 50 Meters Max depth Up to Ksh 5,000,000 value Kenya Subsidiary Legislation, 2025 624 624 DESIGN AND SUPERVISION OF DAMS Class of Dam Category of Water Sector Professional SD1 Panel III C1 SD2 Panel III C2 SD3 Panel III C3 CATEGORY OF CONTRACTORS Class of Dam Category of Contractor SD1 C4 SD2 C3 SD3 C2, C1 EIGHTH SCHEDULE (r. 137 (1)) COMPLAINTS INFORMATION TO BE GIVEN BY A COMPLAINANT UNDER THESE REGULATIONS Item Information (a) Name of Complainant (b) Contact address, telephone number, email address (if any) of Complainant (c) Nature and location of the problem (d) Date that problem occurred (e) Name and, if available, the contact details of all parties to the dispute or complaint (f) Any other relevant details (g) Signature of the Complainant NINTH SCHEDULE (r. 65(1), (2)) WATER QUALITY SAMPLING PROCEDURES PROCEDURES TO BE FOLLOWED WHERE WATER QUALITY SAMPLE IS TAKEN FOR PROSECUTION PURPOSES Item Procedure (a) The presence of the alleged polluter at the place and time of sampling; (b) Where the intended analysis is to determine compliance with physical and chemical parameters, then a sample shall be taken and divided into three portions, each contained in an appropriate capacity container and preserved according to standard practice; (c) Where the intended analysis is to determine compliance with microbiological parameters, then a sample shall be taken and divided into three portions, each contained in a sterile glass bottle; (d) All three portions will be sealed in the presence of the alleged polluter who is required to sign an acknowledgement that he has witnessed the sampling; Kenya Subsidiary Legislation, 2025 625 (e) One portion will be provided to the alleged polluter who may obtain their own independent analysis from a gazetted laboratory of their choice; (f) One portion shall be sent by the Authority to a gazetted laboratory for analysis; (g) One portion shall be retained by the Authority for future reference provided that the storage of the sample is safe enough and the period of storage does not result in the deterioration of the sample. TENTH SCHEDULE (r. 13(2)(4),14(3)(a), 16(1), 17(1)(4), 20(3),25(1). 27(1), 29(1) (5), 35, 36(1), 38(1), 39(2), 40(3), 48(1), 51(3), 52(1), 52(6), 56(1), 57(3)(4), 61(2), 81(1), 97(1) (4), 100(4), 119, 121(1), 129(1), 130(1) (3), 136(2) WRA 001 Water Resources Authority APPLICATION FOR WATER PERMIT (To be submitted in triplicate) ) Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box Attach Form 1B 1B 1B 1C 1D 1D 1E 1F PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 5. L.R Number(s) 9. Box Number 6. Village(s)/Ward(s) 10.Town 7. Sub-County (s) 11. Post Code 8. County (s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact Kenya Subsidiary Legislation, 2025 626 626 WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 17. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 18. Sub-catchment Number 19. Class of Water Resource 20. Name of Body of Water or Aquifer where effluent is to be discharged 21. Sub-catchment Number (Effluent) 22. Class of Water Resource (Effluent) 23. Category of Application (Class of Permit) MIXING WATERS 24. State the authorization(s) and permits already issued in respect of the water use on the land described in No. 4. (If NIL, state “Nil”, if YES, list authorisation or permit numbers). Note: Shaded Areas to be filled in by WRA Officials LAND 25. Does applicant own all the land related to the permit application? Yes/No 26. If No, have easement(s) been attached (Yes = 1, no = 0) 27. Does application involve land located within or adjacent to a riparian, protected or groundwater conservation area? Yes/No 28. Is proposed activity permitted within the riparian area, protected or groundwater conservation area? Yes/No OWNERSHIP OF WORKS 29. Will the applicant own all the works related to the permit application? 30. If No, have agreement(s) been obtained from owner(s) of all works and these agreements are adequate and are attached (Yes/no) SUPPLEMENT TO PERMIT/AUTHORISATION 31. Is application made under Section 21 of WRA Rules? Yes/No 32. Provide Permit Number for Main Permit QUANTITY WATER REQUIRED 33. Brief Description of Project and Intended Use for Water Kenya Subsidiary Legislation, 2025 627 Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River- Regulated Flows Lake 34. Public 35. Domestic 36. Livestock 37. Subsistence Irrigation 38. Commercial Irrigation 39. Industry/Commercial 40. Hydropower 41. Others 42. Sub-total 43. Quantity Returned 44. Water Used (row 41- row 42) 45. Effluent Discharge PERIOD OF CONSTRUCTION 46. State the estimated period of construction of the works (months) 47. State the period for which the permit is required (year – maximum 5 years) DESCRIPTION OF WATER USE DOMESTIC Population to be served (number of people) Basic Human Needs (m3/day) Domestic Water Demand (m3/day) LIVESTOCK Type of Livestock Number of Animals Number of Grade Cattle Number of Local Cattle or donkeys Number of goats & sheep Number of camels Other PUBLIC PURPOSE Supply Area (km2) Population to be served Kenya Subsidiary Legislation, 2025 628 628 SUBSISTENCE IRRIGATION –Water for Household Food Security Number of connections Area per connection (ha) Total Irrigated Area (ha) Expected Rate of Water Use m3/ha/day Total Expected Water Requirements (m3/day) COMMERCIAL IRRIGATION Type of Crop (hectares) Type of Production System (Outdoor, GH, hydroponics) Type of Irrigation Technology (overhead, micro-sprinkler, drip) Expected Rate of Water Use m3/ha/day Total Expected Water Requirements (m3/day) TOTAL INDUSTRIAL Number of Persons Employed Type of Industry (tick whichever is appropriate) Food Processing Pulping (Coffee, sisal, sugar,) Horticultural Packaging Tea Chemical Manufacturing Bottling Tanning Others (state type) Water Requirements Water required for Plant/Processing (m3/day) Water required for Sanitation Facilities (m3/day) Water required for other purposes (m3/day) Total Water Requirements (m3/day) POWER Maximum static head (m) Expected Power Generated (KVa-hr) at Maximum Static Head OTHER USES Fishponds (volume – m3) FEES SUBMITTED Category A, B, C or D Application Fees for Examination of Application AMOUNT PAID Receipt Number Kenya Subsidiary Legislation, 2025 629 ATTACHMENTS Attached (Yes/No) Comments/Remarks Form 1B Form 1C Form 1D Form 1E Form 1F Copy of Identification Documents Copy of Land Documents Copy of Agreements on Land Use Copy of Agreements on Use of Water Works Relevant Maps Copy of EIA Licence Site Assessment Report Technical Reports Hydrological Assessment Report Hydrogeological Survey Report Technical Design Report Dam Design Report Effluent Discharge Control Plan Soil and Water Conservation Plan Copy of Receipt for Payment WRUA Comment Form I agree to supply any further information which may be required by the Water Resources Authority. SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION Signature of WRA Official Name Position Date Application Received Kenya Subsidiary Legislation, 2025 630 630 OFFICIAL SECTION (To be filled in by WRA officials) Tick Date Officer Submission WRUA advice received Recommended Rejected Conditional Recommendation BWRC advice received Recommended Rejected Conditional Recommendation WRA National Office (Category D) Recommended Rejected Conditional Recommendation WRA Regional Office Recommended Rejected Authorisation Issue of Authorisation Validity Period (months) Expiry Extension of Validity Period (months) Revised Expiry Date Inspection of Final Completion Date of Issue of Permit Date of Expiry of Permit Kenya Subsidiary Legislation, 2025 631 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: SURFACE WATER - ABSTRACTION, DIVERSION, IN-STREAM AND CONVEYANCE WORKS Grid Reference for Works (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Details of Site Datum Grid Reference for Datum (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Description of Datum Weir (1) or Collection Chamber (2) Dimensions Width/diameter (m) Length (m) Height (m) Materials Compensation Flow Capacity (m3/day) Pump Type of Pump Type of driving machine Power source of driving machine (diesel, electric, wind, water) Maximum Power rating (KVa) Expected operating head (m) Delivery Rate at expected operating head (m3/hr) Expected operating hours (hrs) Canal Length (m) Top width (m) Bottom width Lined or unlined Lining material Gradient (m/100m or %) Maximum velocity (m/s) Kenya Subsidiary Legislation, 2025 632 632 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: Maximum Capacity (m3/day) Pipeline Internal diameter of delivery pipe Material Length (m) Maximum Capacity (m3/day) Any other relevant details APPLICATION FOR STORAGE DAMS Name of dam Class of Dam (A, B or C) Grid Reference for Dam (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Details of Site Datum Grid Reference for Datum (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Description of Datum Spillway Catchment Area (km2) Design Flood (m3/s) Return Period for Spillway Design (1 in … years) Material of outflow channel Dimensions at control Width (m) Length (m) Height (m) Embankment Material (earth, concrete, masonry, others) Dimensions Width at Crest (m) Kenya Subsidiary Legislation, 2025 633 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: Length at Crest (m) Upstream slope (1 to …) Downstream slope (1 to …) Maximum Depth of Water (Measured from bed to normal water level) (m) Maximum Height of Embankment (m) Gross Freeboard (m) Net Freeboard (m) Impoundment Estimated Area at Normal Water Level (m2) Estimated Impounded Volume (m3) Other Details Maximum Drawoff Capacity (m3/day) Maximum Compensation Flow capacity (m3/day) GROUNDWATER - WELLS/BOREHOLES Grid Reference for Abstraction Point (UTM, based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Is the well or borehole within a distance of 100m of a body of surface water? List all Wells/Boreholes within 1000 m of proposed site L.R. Number Distance (m) Expected Yield (m3/hr) Intended Depth of excavation or drilling (m) Intended Diameter of excavation or drilling (mm) Expected Type of drawoff works (tick as appropriate) Kenya Subsidiary Legislation, 2025 634 634 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: Handpump - Type Windpump - Type Electric pump Direct drive Windlass APPLICATION FOR EFFLUENT DISCHARGE Grid Reference for Effluent Discharge Point (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Source of water supply Source of Effluent (domestic, institutions, industrial, agricultural, urban) Mode of discharge (pipe, canal, ..) Maximum Daily Effluent discharge (m3/day) Details of Treatment System Chemical Settling Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, biological, Physical) EFFLUENT QUALITY Parameter Units Value BOD (5 days at 20C mg/ COD mg/l Total Dissolved Solids mg/l pH pH scale Temperature C Total Coliforms Counts/100ml Kenya Subsidiary Legislation, 2025 635 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: Turbidity or colour NTU/Hazen Ammonia -NH3 mg/l Ammonium–NH4 mg/l Nitrite – NO2 mg/l Nitrate-NO3 mg/l Total Phosphorous mg/l Total Nitrogen mg/l Total suspended solids mg/l Metals mg/l Non metal toxics (sulphides, cyanides, fluorides) mg/l Pesticide residues µg/l Phenols mg/l Oils and grease mg/l Others APPLICATION FOR SWAMP DRAINAGE Name of swamp Size of swamp to be drained (ha) Purpose of swamp drainage (agricultural, residential, recreational, public health, industrial, abstraction) Means of swamp drainage (tick as appropriate) Channelling or canalisation of flows Diversion of inflow Expected % of inflow waters to be diverted Construction of drainage canals or drainage pipes Expected reduction in water level in swamp (m) Note: Form WRA 001B is required to be filled if swamp drainage is planned in conjunction with water abstraction or diversion Kenya Subsidiary Legislation, 2025 636 636 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: EFFLUENT DISCHARGE PERMIT PERMIT CLASS---------------------- FACILITY AND EFFLUENT DISCHARGE DESCRIPTION Name and Location of Facility Activity of Facility WRA’s Facility Classification (FC1or FC2,,,,) Effluent Discharge Receiving Water Resource (River, Lake, Dam, etc) Effluent Discharge Receiving Water Resource’s Quantity Threshold-WRA Effluent Discharge Receiving Water Resource’s Quantity Threshold-WRA WRA’s Effluent Discharge Points (EDPs) Grid Reference for Effluent Discharge Point Easting Northing Altitude (m above sea level) Map Sheet Mode of discharge (pipe, canal,) Daily Effluent discharge (m3/day) Basis: description of how the average waste water flow has been determined Hours of discharge: Number of days per week & hours per day’s List of process raw materials utilised and wastes generated on site Details of Treatment System Chemical Settling Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, Biological, Physical) A list of the potential impacts on the environment and the proposed mitigation methods to be used Details of any emergency / spillage control arrangements State if there any seasonal, or other variations (including any arising from plant malfunction) in volumes of effluent to be discharged Kenya Subsidiary Legislation, 2025 637 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: Attach a sketch plan showing fencing and drainage, storage area for liquid, sludge, solid waste awaiting treatment and residue awaiting removal for disposal elsewhere EFFLUENT DISCHARGE QUALITY Compulsory Parameter Units Value BOD (5 days at 20OC mg/l COD mg/l Electrical Conductivity (EC) µS/cm Total Dissolved Solids (TDS) mg/l pH pH scale Temperature C Feacal coliforms Counts/100ml Total Coliforms Counts/100ml Flow rate m3/day Colour Hazen Units Total Suspended Solids (TSS) mg/l Chemical Parameters Sulphate (SO4) mg/l Sulphides, (S2-) mg/l Phenols mg/l Fluorides (F) mg/l Chlorides (Cl) mg/l Free CO2 mg/l Ammonium–NH4 mg/l Nitrite – NO2 mg/l Nitrate-NO3 mg/l Total Phosphorous (P) mg/l Total Nitrogen (N) mg/l Potassium (K) mg/l PCBs mg/l Total Petroleum Hydrocarbons (TPH) mg/l Oils and grease mg/l Surfactants mg/l Heavy Metals (Cd, Cu, Pb, Zn, Al, Se, As, Sn, Mn, Co, Fe, ) mg/l Pesticide residues µg/l WRA’s Accruing Quality Points (AQPs) EFFLUENT DISCHARGE CLASSIFICATION AND CHARGES WRA’s Pollution Loading Points (EDP × AQP=PLP) WRA’s Class of Permit Effluent Discharge Charge (cents/m3) Kenya Subsidiary Legislation, 2025 638 638 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: WRA ID: File: Water Resources Authority APPLICATION FOR EASEMENT (r.13(2)) (To be submitted in triplicate) PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 5. L/R Number(s) 9. Box Number 6. Village(s)/Ward(s) 10. Town 7. Sub-County(s) 11. Post Code 8. County(s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact In respect of an easement of aqueduct in connection with the passage of water from the………………………………..…………………… [Description and name of body of water] across the property……………………………………………………….………. [description of property] and in respect of an easement of work in connection with the water from the……………………………..…………………………… [body of water] at the point shown on the plan attached hereto and in respect of an easement of storage in connection with water from the…………………………………. ……………………………….[body of water] 1. The applicant named above is the landholder [or agent lawfully authorized by the landholder] of the property…………………………………………………………………………… ………. …………………………………………….[Description of property and L.R. (Nos) of farms (if any) and / or mining locations or leases] Kenya Subsidiary Legislation, 2025 639 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: WRA ID: File: 2. The applicant bases his claim for the easement on the following grounds1…………………… ……………………………………………………………………………………. …………………………………………………………………………………… …………….……………………………………………………………………… …………………………………………………………………………………… 3. The accompanying plan[s] marked……………………………………………… Show the general arrangement, the nature and locality of the proposed works and the land or lands on which [an] easement[s] is [are] now required and the area[s] within the lines shownin red on the said plan is [are] the maximum area[s] over which the easement[s] now applied for is [are] required. 4. (a) The following is a description of the work[s] in respect of which [an] easement[s] is [are] now required2 ………………………………………………. …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …..……………………………………………………………………………… (b) The maximum quantity of water to be conveyed or dealt with by the aqueduct is………………………………………….…..cubic meters per day. (c) The position of the dam and the storage reservoir are shown on the plan marked…………………………………………………………..and the blue line thereon shows the approximate area which will be submerged at high flood level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. (d) The easement of aqueduct is required for a period of……………………………………………………………………………… 5. (a) The following is a description of the work[s] in respect of which [an] easement[s] of work is [are] required3…………………………………………… 1 Here give the number of any authorization, or permit which applicant holds and all other information on which the claim is based. Show that the claim is made in good faith and that, without the easements, the utilization of water would not be economically feasible. 2 Here give brief description, with dimensions, of the proposed aqueduct and state the area of the land over which the easement is claimed. 3 Here give brief description, with dimensions, of the proposed weir or other work and state the area of land over which the easement is claimed. Kenya Subsidiary Legislation, 2025 640 640 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… (b) The quantity and nature of materials required from the land referred to in paragraph (a) above for the purpose of constructing the proposed works are as follows: - …………………………………………………………………………………… (c) The easement of work is required for a period of ………………………………………………. 6. (a) The following is a description of the work[s] in respect of which [an] easement [s] of storage is [are] required4………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… (b) The positions of the dam and the storage reservoir are shown on the plan marked……………. And the blue line thereon shows the approximate area that will be submerged at high flood level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. (c) The quantity and nature of materials required from the land for the purpose of constructing the proposed works referred to in paragraph (a) above are as follows: - …………………………………………………………………………………… (d) The easement of storage is required for a period of …………………………………………… 7. On the schedule attached to this form is set forth the names of the landholders, mortgages and lessees of the property over which the easement is claimed. 8. In accordance with Section 28 of the Act, notice with full particulars of the proposed works was given not less than two months before the date of this application given to all the landholders, mortgages and lessees named in the said schedule with the result shown in the attached Schedule: 9. I have served a copy of this claim on all the landholders, mortgages and lessees mentioned in the attached Schedule. 4 Here give brief description, with dimensions, of proposed storage works and state the area of land over which the easement is claimed. Kenya Subsidiary Legislation, 2025 641 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: User ID: File: I enclose herewith Bankers Cheque No.…… …of Ksh..…………….cents…….for an examination of this application. I understand that the fee does not cover the preparation of the necessary deed in the event of my application being successful. ………………………………….. Signature. AFFIDAVIT I ………………………………………….of……………………………………do solemnly and sincerely declare as follows: - I have read the foregoing and the particulars and things set out therein are true and accurate. I make this declaration conscientiously believing the same to be true, and according to the oaths and Statutory Declarations Act. Sworn at………………………………………….……………… This……………………….day of……….20…………… Before me, ……………………………………………. (Magistrate or Commissioner for Oaths.) NOTES 1. The applicant shall fill in the blank spaces in this form with the required information, and, where alternative expressions are given, he shall strike out those, which do not apply. 2. The area of land over which the easement is claimed must include the area of land, if any, occupied by the works, flooded as a result of the works, required for purposes of inspection and maintenance of the works, required for the excavation or collection of material for the works, required for the deposit of spoil or material derived from the works or required for a road or roads to obtain access to the works. 3. The plans submitted must show clearly any works, irrigated and / or cultivated areas, roads, buildings and / or any other features which will be affected if the easement applied for is granted, and the area of swamp or land to be reclaimed. Kenya Subsidiary Legislation, 2025 642 642 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 002 Catchment: WRA ID: File: SCHEDULE OF LANDHOLDERS, MORGAGEES AND LESSEES Attached to the application of ……………………………………………………………. For easement of………………………………………. dated…………20………………. (Use additional sheets if required) Reference Number of Property (consecutively on plan) L.R. No. of property or No. of mining location or property Name of person on whom notice has been served State whether landholder, mortgagee or sub- lessee Postal address of landholder, mortgagee or sub- lessee Area of easement required (area in acres) Amount of compensation tendered to landholder, mortgagee or sub-lessee Purpose for which easement is required Does the person agree to the claim for easement (Yes/No) Signature of landholder, mortgagee or sub- lessee Date of signature Kenya Subsidiary Legislation, 2025 643 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works TM Arc 1960) Form: WRA 003 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority COMMENTS BY WATER RESOURCES USERS ASSOCIATION ON APPLICATION FOR WATER PERMIT (r 20(3)) (To be submitted in triplicate) NAME OF WRUA PARTICULARS OF PERMIT APPLICANT 1. Full name of applicant(s) (In Block Letters) 2. WRA ID Number of Applicant 3. Box Number 4. Town 5. Telephone Contact (Landline) 6. Telephone Contact (Mobile) 7. Email Contact WATER RESOURCE DETAILS Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored. Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box WRUA COMMENTS ANSWER / COMMENTS 1. Application was discussed by WRUA on (date) 2. Is proposed application for water use likely to severely impact dry season flows? Kenya Subsidiary Legislation, 2025 644 644 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 003 Catchment: WRA ID: File: 3. Is proposed application for water use likely to severely impact water quality? 4. Is proposed application for water use likely to put public at risk? 5. Is proposed application likely to increase the risk of water use conflicts? 6. Is proposed application for water use considered beneficial to the public? 7. Is there an alternative water source for the applicant that should be considered? (provide details) 8. WRUA Conclusion (Objection, No objection, or Conditional No-Objection, or unable to make a conclusion due to lack of information) 9. Reasons for Objection or Conditions for No-Objection SIGNATURE BY TWO WRUA OFFICIALS Name of WRUA Official Position Signature of WRUA Official Date of Signature Note: recommendation by WRUA does not confer or imply a Permit for water abstraction to the Applicant. Kenya Subsidiary Legislation, 2025 645 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 004 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority AUTHORISATION TO CONSTRUCT WORKS FOR THE USE OF WATER (r. 25(1), 52(6) Dear Sir/Madam; I have the honour to inform you that the Water Resources Authority has given you approval to construct the proposed works based on your application dated for a Water Permit. Authorization No. WRA Dated Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-County(s) 11. Post Code 12. County(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact Kenya Subsidiary Legislation, 2025 646 646 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 004 Catchment: WRA ID: File: WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Category of Application (Class of Permit) Supplement to Permit/Authorisation 26. Are there any supplements approved under Section 21 of WRA Rules (yes/no) 27. Supplement No. 28. Brief Description of Project and Intended Use for Water Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River- Regulated Flow Lake 29. Public 30. Domestic 31. Livestock 32. Subsistence Irrigation 33. Commercial Irrigation 34. Industry/Commercial 35. Hydropower 36. Others 37. Sub-total 38. Quantity Returned Kenya Subsidiary Legislation, 2025 647 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 004 Catchment: WRA ID: File: 39. Water Abstracted (row 34-row 35) 40. Effluent Discharge Having filed the necessary application, maps and plans, and having complied with the provisions of the Water Act, Cap. 372 and the Rules there under relating to the applications for Water Permits *is/are hereby authorized to construct, subject to the acquisition of the necessary rights of way or easements therefore, if any, the works shown by the said applications, maps and plans in accordance with provisions of the Water Act, Cap. 372 the Rules there under, and the following conditions: - 1. The construction of the works hereby authorized shall commence within a period of…………days/months/years and shall be completed within a period of………..………………………..months/years from the date of this authorization. 2. (a)Any person who erects or constructs temporary works shall be entitled to divert, abstract, impound, obstruct, store or use water to such extent only as may be necessary for the construction or erection of the works, and whenever it shall be necessary to divert, abstract or impound water during the erection or construction of the works authorized, such diversion, abstraction, obstruction, impounding, or use of water shall be made at such time and in such manner that the works of other operators are interfered with as little as possible and that no damage will be caused to property of another landholder. Provided that if any damage is caused it shall, failing agreement between the parties concerned, be settled by arbitration under the Arbitration Act. (b)Unless empowered thereto by the Water Resources Authority in writing, all temporary works shall be removed within a period of three months from the date of completion of the works authorized or from the date of determination of the authorization (whichever be the earlier) and where any temporary works exist, such as quarries, burrow-pits, excavations, cuttings, tunnels or things of a like nature which cannot be economically removed, efficient precautions to the satisfaction of the Water Resources Management Authority shall be taken, by the person named in the authorization, to render and to maintain all such temporary works safe in the interest of life and property. The Water Resources Authority reserves the right to inspect the works authorized by this authorization, and attention is drawn to section 90 of the Act. 3. Any changes between the original proposed design and final as-constructed arrangement has been documented and such documentation submitted to the Authority. *Delete words not required Kenya Subsidiary Legislation, 2025 648 648 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 004 Catchment: WRA ID: File: P[;k-j DETAILS Measuring device Controlling device Water Quality Report Evidence of EMCA Compliance Soil and Water Conservation Plan Compensation Flow (m3/day) Inspection Milestones 1 2 3 4 Notification Requirements 1 2 3 4 Storage Airline Test pumping Other Technical Details Effluent Discharge Requirements 4. This Authorization will be automatically cancelled, when the authorized period expires, without any further reference to you unless extension of time limit is applied for prior to date of expiry. 5. The following details/documents/fees are required to complete your application before a Permit may be issued: (a) (b) (c) SIGNATURE Yours faithfully, Kenya Subsidiary Legislation, 2025 649 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 004 Catchment: WRA ID: File: Signature of WRA Officer Name of Officer Position Date of Signature Kenya Subsidiary Legislation, 2025 650 650 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 005 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority APPLICATION FOR EXTENSION OF TIME FOR AUTHORISATION TO CONSTRUCT WORKS (r.27(1)) (To be submitted in triplicate) I,(name)……………………………………………………,being the holder of Authorisation No. ……………………, do hereby apply for an extension of time in order to complete the proposed works. I confirm that all other particulars of the Authorisation remain the same. The need to extend the period of time has been caused by (state cause) ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF PERMIT APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-County(s) 11. Post Code Kenya Subsidiary Legislation, 2025 651 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 005 Catchment: WRA ID: File: 12. County(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Status of Water Resource (Effluent) 26. Category of Application (Class of Permit) FEES SUBMITTED Category A, B, C or D Class Application Amount (KES) Application Fees for Extension of Time of Authorisation Receipt Number Time Period for Construction Initial Authorisation Issued on (date) Authorisation Expiry Date Proposed Revised Authorisation Expiry Date Number of Times that Period of Authorisation has been revised SIGNATURE Signature of Applicant or duly Authorised Agent Name Kenya Subsidiary Legislation, 2025 652 652 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 005 Catchment: WRA ID: File: SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION FOR EXTENSION OF TIME OF AUTHORISATION Signature of WRA Official Name Position Date Application for Renewal Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Time Extension Accepted Rejected Conditional Acceptance Authorisation Valid until (date) Kenya Subsidiary Legislation, 2025 653 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 006 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority EXTENSION OF TIME LIMIT FOR AN AUTHORISATION (r. 27(2)) The period within which the works authorized by Authorization No P , dated , issued to Shall be completed is hereby extended, subject to the conditions endorsed on the above- mentioned authorization and to the under mentioned conditions, to the (date) : Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-County(s) 10. Post Code Kenya Subsidiary Legislation, 2025 654 654 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 006 Easting: Catchment: Northing: WRA ID: Zone: File No: 11. County(s) 12. Telephone Contact (Landline) 13. Division(s) 14. Telephone Contact (Mobile) 15. District(s) 16. Email Contact WATER RESOURCE DETAILS 17. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 18. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 19. Sub-catchment Number 20. Class of Water Resource 21. Name of Body of Water or Aquifer where effluent is to be discharged 22. Sub-catchment Number (Effluent) 23. Class of Water Resource (Effluent) 24. Category of Application (Class of Permit) This Extension of Time Limit is issued subject to the special conditions shown below: 1. 2. 3. SIGNATURE Yours faithfully, Kenya Subsidiary Legislation, 2025 655 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 006 Easting: Catchment: Northing: WRA ID: Zone: File No: Signature of WRA Officer Name of Officer Position of Officer Date of Signature Kenya Subsidiary Legislation, 2025 656 656 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 007 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority INSPECTION REPORT (r. 29(3)) Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF OWNER OF WORKS OR LAND INSPECTED DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address Owner of Works or Land Inspected 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-County(s) 11. Post Code 12. County(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) Kenya Subsidiary Legislation, 2025 657 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 007 Easting: Catchment: Northing: WRA ID: Zone: File No: 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Category of Application (Class of Permit) QUANTITY WATER AUTHORISED/PERMITTED 26. Description of Project and Intended Use for Water Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River – Regulated Flow Lake 27. Public 28. Domestic 29. Livestock 30. Minor Irrigation 31. General Irrigation 32. Industry/Commercial 33. Power 34. Others 35. Sub-total 36. Quantity Returned 37. Water Abstracted (row 42-row 44) 38. Effluent Discharge Remarks regarding status, condition, compliance of works with authorisation or permit conditions Recommended Action to be taken by Owner of Works Kenya Subsidiary Legislation, 2025 658 658 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 007 Easting: Catchment: Northing: WRA ID: Zone: File No: Recommended Action to be taken by WRA SIGNATURE OF WRA OFFICIAL Signature of WRA Official Name Position Date Inspection Undertaken Kenya Subsidiary Legislation, 2025 659 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority COMPLETION CERTIFICATE (r. 29(1)) (To be submitted in triplicate) I,(name)……………………………………………………………,being the holder of Authorisation to Construct Works No. ……………………………, do hereby state that the proposed Works have been constructed in accordance with the conditions contained in the Authorisation. Any changes between the original proposed design and final as- constructed arrangement has been documented and such documentation submitted to the Authority. Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used (see sketch) Contact Address of Applicant 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-County(s) 10. Post Code 11. County(s) 12. Telephone Contact (Landline) 13. Division(s) 14. Telephone Contact (Mobile) 15. District(s) 16. Email Contact Kenya Subsidiary Legislation, 2025 660 660 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008 Easting: Catchment: Northing: WRA ID: Zone: File No: WATER RESOURCE DETAILS 17. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 18. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 19. Sub-catchment Number 20. Class of Water Resource 21. Name of Body of Water or Aquifer where effluent is to be discharged 22. Sub-catchment Number (Effluent) 23. Class of Water Resource (Effluent) 24. Category of Application (Class of Permit) QUANTITY WATER REQUIRED 25. Brief Description of Project and Intended Use for Water Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River – Regulated Flow Lake 26. Public 27. Domestic 28. Livestock 29. Subsistence Irrigation 30. Commercial Irrigation 31. Industry/Commercial 32. Hydropower 33. Others 34. Sub-total 35. Quantity Returned 36. Water Abstracted (row 33-row 34) 37. Effluent Discharge Kenya Subsidiary Legislation, 2025 661 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008 Easting: Catchment: Northing: WRA ID: Zone: File No: SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING COMPLETION CERTIFICATE Signature of WRA Official Name Position Date Application Received Kenya Subsidiary Legislation, 2025 662 662 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority BOREHOLE COMPLETION RECORD (r. 56(1), 57(3)(4)) (To be submitted in triplicate) Borehole No…………………………… Borehole Name………………………... Formation……………………………... PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies Physical Address where water is to be used (see sketch) Contact Address of Applicant 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-County(s) 9. Post Code 10. County (s) 11. Telephone Contact (Landline) 12. Telephone Contact (Mobile) 13. Email Contact PARTICULARS OF CONTRACTOR 14. Box Number 22. Licence Number 15. Town 23. Gazetted On 16. Post Code 24. Drilling Supervisor 17. Telephone Contact (Landline) 25. Type and Make of Drill Rig 18. Telephone Contact (Mobile) 19. Email Contact INTENDED USE OF WATER Public W.S.; Irrigation.; Industries.; Domestic.; Stock, other Kenya Subsidiary Legislation, 2025 663 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: PARTICULARS OF BOREHOLE Type of Borehole: - Drilled; Driven; Bored; Jetted; Other Borehole Construction (also see sketch page 3) Drilling started (date) Drilling completed (date) All work completed (date) Total Depth: Reported (m) Measured (m) Final (back-filled) Depth (m) Hole Diameter (mm) From (m) To (m) Hole Diameter (mm) From (m) To (m) Hole Diameter (mm) From (m) To (m) Hole Diameter (mm) From (m) To (m) Permanent Casing Plain Type Diam (mm) Length (m) From (m) To (m) Type Diam (mm) Length (m) From (m) To (m) Type Diam (mm) Length (m) From (m) To (m) Slotted or Perforated: Size and Description of Openings Type Diam (mm) Length (m) From (m) To (m) Type Diam (mm) Length (m) From (m) To (m) Screen: Type and Make Diameter (mm) Length (m) set from (m) To (m) Kenya Subsidiary Legislation, 2025 664 664 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: Gravel Pack Size of grains (mm) Roundness (good, fair, poor) Volume inserted in annular Space (m3) From (m) To (m) Open Hole Diam (mm) From (m) To (m) Aquifer 1st Water Struck at (m) Water Rest Level (m) 2nd Water Struck at (m) Water Rest Level (m) Main Aquifer Struck at (m) Water Rest Level (m) Water bearing material From (m) To (m) Other Aquifers, Remarks, etc (also see log on page3) Yield: SWL (m) PWL (m below surface) Discharge (litres per minute) After pumping (hours) Recovered to SWL in (minutes) Expected production discharge (litres per hour) With pump set at (m below surface) Pumping Test Record in Summary (Detailed test records on attached sheets): (all depth measurements to be in metres below ground surface) Test No. 1 Test No. 2 Date of Test (day, month, year) Depth of Borehole at time of test (m) Water Entry (perforations or screen setting at time of test) From (m) From (m) To (m) To (m) Static Water (SWL) before test (m) Type of Pump (Bailler) used Depth of Pump intake (m) Discharge (in litres per minute) Pumping Water Level (PWL m) Kenya Subsidiary Legislation, 2025 665 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: After pumping continuously for (hours) Time of Recovery to Original SWL (minutes) Rate of Recovery-WL after 5 minutes (m) Rate of Recovery-WL after 20 minutes (m) Rate of Recovery-WL after 60 minutes (m) Rate of Recovery-WL after 180 minutes (m) (Additional pumping tests to be mentioned in REMARKS and included with file). Government representative witnessing the test………………………………………………………….……. Quality of Water Sample (Yes/No) Collected at (hour) On (date) Sediment Taste Odour Colour Temperature (0c) Spec. Conductivity (�mho/cm3) Remarks: (drilling difficulties, gravel-pack details, all pertinent information about the drilling and completion of the hole) Drilling Supervisor Drilling Contractor Signature Signature Name Name Date Date Borehole No………………………………. Kenya Subsidiary Legislation, 2025 666 666 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: 1. Driller’s Log. 12. Sketch of Borehole Construction: From (m.) To (m.) Drilling Rate (m. /hr.) Description of Formation Penetrated (Geologist’s log on attached sheets). Remarks or additional information on Driller’s log, or on sketch of Borehole: ……………………………………………………… ……………………………………………………… ……………………………………………………… ……………………………………………………… Total depth (Sketch to include: -­ depth and changes of hole diameter;; casing positions, manner of casing (of different diam.) connections, and casing connection to screen;; depths of screens or slotted casing lengths;; how casing is closed at bottom;; formation caving zones;; and any other pertinent information). Metres (m.) Casing Ground Surface Metres (m) Kenya Subsidiary Legislation, 2025 667 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008A Easting: Catchment: Northing: WRA ID: Zone: File No: 13. Location Sketch: (To be sketched by the driller on the site, showing roads, tracks and prominent land marks, with road distances t nearest town or trading centre and to water source). For Official Use Only Entered on Schedule…………….(Yes/No) Water Sample Received…………..(Yes/No) Drilling Samples Received..…….(Yes/No) Chemical Analysis Received…… (Yes/No) Drilling Samples Filed………..(Yes/No) Geologist’s Log Available………..(Yes/No) Location Plotted on Maps………………..(Yes/No) Hydro geological Report No………of………………………. (Date) Geophysical Curve No…………….of………………………... (Date) Borehole Data entered and checked by (Name)……..…………………..Signature……… Permit details Permit Number ………………… Authorised abstraction …………………….… m3/d Authorised water use(s) ……………………………………………………………… Pump intake depth …………… m bgl Maximum authorised abstraction rate ……m3/hr All Borehole Completion Records duly completed should be sent to the appropriate WRA Regional Office. E W S N Kenya Subsidiary Legislation, 2025 668 668 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority WELL COMPLETION RECORD (r. 56(1)) (To be submitted in triplicate) Well Authorisation No….………………………… Well Name………………………………………… Geological formation……………………………… PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant – Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies Physical Address where water is to be used (see sketch) Contact Address of Applicant 4. L.R Number(s) 10. Box Number 5. Village(s)/Ward(s) 10. Town 6. Sub-County (s) 11. Post Code 7. County (s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact PARTICULARS OF CONTRACTOR (IF APPLICABLE) 16. Box Number 22. Email Contact 17. Town 23. Licence Number Kenya Subsidiary Legislation, 2025 669 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: 18. Post Code 24. Gazetted On 19. Telephone Contact (Landline) 25. Drilling Supervisor 20. Telephone Contact (Mobile) INTENDED USE OF WATER Public; Irrigation; Industry; Domestic; Livestock; other PARTICULARS OF WELL Type of Well: Hand-dug; Machine-dug; Other Well Construction (also see Figure 1) Construction started (date) Construction completed (date) All works completed (date) Total Depth: Reported (m) Measured (m) Final (back- filled) Depth (m) Well Diameter (mm) From (m) To (m) Well Diameter (mm) From (m) To (m) Well Diameter (mm) From (m) To (m) Hole Diameter (mm) From (m) To (m) Permanent Lining where relevant (if well is not lined, state “unlined” in the box below) Plain Type Diam (mm) Length (m) From (m) To (m) Type Diam (mm) Length (m) From (m) To (m) Type Diam (mm) Length (m) From (m) To (m) Screens or equivalent where relevant (if well is not lined, state “unlined” in the box below) Size / Description of Openings Type Diam (mm) Length (m) From (m) To (m) Kenya Subsidiary Legislation, 2025 670 670 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: Type Diam (mm) Length (m) From (m) To (m) Gravel Pack Size of grains (mm) Roundness (good, fair, poor) Volume inserted into annular space (m3) From (m) To (m) Open Hole Diam (mm) From (m) To (m) Aquifer Water Struck at (m) Water Rest Level (m) Water bearing material From (m) To (m) Other Aquifers, Remarks, etc (also see log on page 4), technical information (specific capacity, transmissivity) etc… Pumping Test Record in Summary (detailed test records on attached sheets): (all depth measurements to be in metres below ground surface) Information to be provided Test No. 1 Test No. 2 Date of test (day, month, year) Depth of well at time of test Water Entry (aquifer zone) From: From: To: To: Static water level (SWL) before test Type of pump or bailer used Depth of pump intake Kenya Subsidiary Legislation, 2025 671 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA008B Easting: Catchment: Northing: WRA ID: Zone: File No: Discharge (in m3/hr) Distance from well to point of discharge of water pumped Pumping water level (PWL) at end of test After pumping continuously for (hours) Time of recovery to start SWL (minutes) Rate of recovery – WL after 5 minutes Rate of recovery – WL after 20 minutes Rate of recovery – WL after 60 minutes Rate of recovery – WL after 180 minutes Full test data and curves to be appended to this form (Additional pumping tests to be given in REMARKS below and included in the file). Authority representative witnessing the test………………………………………………………….……. Quality of Water Sample (Yes/No) Collected at (hour) On (date) Sediment Taste Odour Colour Temperature (oC) Electrical Conductivity (�S/cm) Full chemical and bacteriological data to be appended to this form Kenya Subsidiary Legislation, 2025 672 672 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: Remarks: (construction difficulties and any pertinent information about the construction and completion of the well) Drilling Supervisor Drilling Contractor Signature Signature Name Name Date Date Well Number ………………………………………… Well Name…………………………………………. Constructor’s Log (hydrogeologist’s log to be appended to this form if applicable). From (m) To (m) Description of Formation Penetrated From (m) To (m) Description of Formation Penetrated Remarks or additional information on Driller’s log, or on sketch of well: ………………………………………………………………………………………… ………………………. ………………………………………………………………………………………… ………………………. Figure 1 Sketch of Well Construction: (Sketch to include: details of well headworks and sanitary protection; depths and changes of hole diameter; lining positions, type and diameter of lining and related information if applicable; location of aquifer (and screens if applicable); if casing closed at bottom, show how; formation caving zones; and any other pertinent information). Kenya Subsidiary Legislation, 2025 673 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: Headworks: � Sanitary seal details: Static water level ( m bgl): Aquifer material: Final depth ( m): Figure 2 Location Sketch: (To be sketched by the constructor or applicant on-site, showing latrines, septic tanks or sewerage network and distances; roads, tracks and prominent land marks; road distances to nearest town or trading centre and to nearest alternative water source). N W E S Kenya Subsidiary Legislation, 2025 674 674 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 008B Easting: Catchment: Northing: WRA ID: Zone: File No: For Official Use Only: complete as applicable Entered on Schedule……………. (Yes/No) Water sample received………… (Yes/No) Geological samples received ..…... (Yes/No) Chemical analysis received……… (Yes/No) Geological samples filed…… (Yes/No) Geologist’s Log available………. (Yes/No) Location plotted on maps………………. (Yes/No) Hydrogeological report No………of……… (Date) by …………………………. (Name) Geophysical Curve No………….of…………….. (Date) by ……………… (Name) Well data entered and checked by (Name) …..…………Signature……………………… Permit details Permit Number ………………….. Authorised abstraction ……………………… m3/d Authorised water use(s) ……………………………………………………………… Pump intake depth ………… m bgl Maximum authorised abstraction rate ……. M3/hr All Well Completion Records duly completed should be sent to the appropriate WRA Regional Office. Kenya Subsidiary Legislation, 2025 675 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority WATER PERMIT (r. 14(3)(a), 17(4)(a), 29(5)) By virtue of the authority vested in us by the Water Act 2016, we, the Water Resources Authority, do hereby grant unto (name) , hereinafter called the permit holder, or his/her/their executors, Administrators and assigns permission to use water in accordance with the details contained herein, subject to the provisions of the Water Act 2016, and the Rules thereunder, and the conditions following hereafter and endorsed hereon and attached hereto: - Permit No. P Permit Expiry Date Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF PERMIT HOLDER DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-County (s) 10. Post Code Kenya Subsidiary Legislation, 2025 676 676 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: 11. County (s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact WATER RESOURCE DETAILS 15. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 16. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 17. Sub-catchment Number 18. Class of Water Resource 19. Name of Body of Water or Aquifer where effluent is to be discharged 20. Sub-catchment Number (Effluent) 21. Class of Water Resource (Effluent) 22. Category of Application (Class of Permit) SUPPLEMENT TO PERMITS 23. Does permit include Supplements approved under Regulation 40 of the Regulations (yes/no) 24. List Reference Number for each Supplement Kenya Subsidiary Legislation, 2025 677 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Brief Description of Project and Intended Use for Water Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River – Regulated Flow Lake 1. Public 2. Domestic 3. Livestock 4. Subsistence Irrigation 5. Commercial Irrigation 6. Industry/Commercial 7. Hydropower 8. Others 9. Sub-total 10. Quantity Returned 11. Water Abstracted (row 9-row 11) 12. Effluent Discharge 13. Basic Human Needs CONDITONS OF PERMIT DETAILS Availability of Resource When the resource availability drops into the Reserve, the permit holder is only entitled to Basic Human Needs Water Quality Report Payment of Water Use Charges Inspections 1 2 3 4 Other Technical Details Kenya Subsidiary Legislation, 2025 678 678 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Effluent Discharge Requirements Meter ID Numbers Related to this permit 1. 2. 3. SURFACE WATER - ABSTRACTION, DIVERSION, IN-STREAM AND CONVEYANCE WORKS Grid Reference for Works (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Weir (1) or Collection Chamber (2) Dimensions Width/diameter (m) Length (m) Height (m) Materials Compensation Flow Capacity (m3/day) Pump Type of Pump Type of driving machine Power source of driving machine (diesel, electric, wind, water) Maximum Power rating (KVa) Expected operating head (m) Delivery Rate at expected operating head (m3/hr) Expected operating hours (hrs) Canal Length (m) Top width (m) Bottom width (m) Lined or unlined Lining material Kenya Subsidiary Legislation, 2025 679 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Gradient (m/100m or %) Maximum velocity (m/s) Maximum Capacity (m3/day) Pipeline Internal diameter of delivery pipe (mm) Maximum Capacity (m3/day) GROUNDWATER Grid Reference for Works (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet W.R.M.A. number of well/ borehole Total depth of well/ borehole Depth to which the cylinder or suction pipe may be installed STORAGE DAM Name of dam Class of Dam (A, B or C) Grid Reference for Dam (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Spillway Dimensions at control Width (m) Length (m) Height (m) Embankment Material (earth, concrete, masonry, others) Dimensions Width at Crest (m) Length at Crest (m) Kenya Subsidiary Legislation, 2025 680 680 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Upstream slope (1 to …) Downstream slope (1 to …) Maximum Depth of Water (Measured from bed to normal water level) (m) Maximum Height of Embankment (m) Gross Freeboard (m) Net Freeboard (m) Impoundment Estimated Impounded Volume (m3) Other Details Maximum Drawoff Capacity (m3/day) Maximum Compensation Flow capacity (m3/day) SWAMP DRAINAGE Name of swamp Size of swamp to be drained (ha) Purpose of swamp drainage (agricultural, residential, recreational, public health, industrial, abstraction) Means of swamp drainage (tick as appropriate) Channelling or canalisation of flows Diversion of inflow Expected % of inflow waters to be diverted Construction of drainage canals or drainage pipes Expected reduction in water level in swamp (m) EFFLUENT DISCHARGE Grid Reference for Effluent Discharge Point (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Source of water supply Source of Effluent (domestic, institutions, industrial, agricultural, urban) Kenya Subsidiary Legislation, 2025 681 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 010 Easting: Catchment: Northing: WRA ID: Zone: File No: Mode of discharge (pipe, canal, ..) Maximum Daily Effluent discharge (m3/day) Details of Treatment System Chemical Settling Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, biological, physical) EFFLUENT QUALITY Parameter Units Guideline Value Parameter Units Guideline Value BOD (5 days at 20C mg/ Total Phosphorous mg/l COD mg/l Total Nitrogen mg/l Total Dissolved Solids mg/l Total suspended solids mg/l pH pH scale Metals mg/l Temperature C Non metal toxics(sulphides, cyanides, fluorides) mg/l Total Coliforms Counts/100ml Pesticide residues µg/l Turbidity or colour NTU/Hazen Phenols mg/l Ammonia -NH3 mg/l Oils and grease mg/l Ammonium– NH4 mg/l Others Nitrite – NO2 mg/l Nitrate-NO3 mg/l SIGNATURE Yours faithfully, Signature of WRA Officer Name of Officer Position of Officer Date of Signature Kenya Subsidiary Legislation, 2025 682 682 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 011 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority APPLICATION FOR RENEWAL OF WATER PERMIT (r.38(1)) (To be submitted in triplicate) I, the undersigned hereby apply for renewal of the Permit No. ………….... I, certify that the works have been maintained and the water used in accordance with the provisions of the permit referred to above. Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box Attach Form 1B 1B 1B 1C 1D 1D 1E 1F PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-County (s) 11. Post Code 12. County (s) 13. Telephone Contact (Landline) 14. Telephone Contact (Mobile) 15. Email Contact Kenya Subsidiary Legislation, 2025 683 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 011 Easting: Catchment: Northing: WRA ID: Zone: File No: WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 17. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 18. Sub-catchment Number 19. Class of Water Resource 20. Name of Body of Water or Aquifer where effluent is to be discharged 21. Sub-catchment Number (Effluent) 22. Class of Water Resource (Effluent) 23. Category of Application (Class of Permit) Note: Shaded Areas to be filled in by WRA Officials QUANTITY WATER REQUIRED 24. Description of Project and Intended Use for Water Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition River – Regulated Flow Lake 25. Public 26. Domestic 27. Livestock 28. Subsistence Irrigation 29. Commercial Irrigation 30. Industry/Commercial 31. Hydropower 32. Others 33. Sub-total 34. Quantity Returned Kenya Subsidiary Legislation, 2025 684 684 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 011 Easting: Catchment: Northing: WRA ID: Zone: File No: 35. Water Abstracted (row 42-row 44) 36. Effluent Discharge FEES SUBMITTED Category A, B, C or D Class Permit Amount (KES) Permit Fees AMOUNT PAID Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING PERMIT RENEWAL APPLICATION Signature of WRA Official Name Position Date Application for Renewal Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Recommended Rejected Conditional Recommendation Permit Renewed until (date) Kenya Subsidiary Legislation, 2025 685 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 012 Catchment: WRA ID: File: Water Resources Authority APPLICATION FOR VARIATION OF WATER PERMIT (r. 36(1)) (To be submitted in triplicate) I,(name)……………………………………………………………………,the holder of Permit No. ……………………, do hereby apply for a variation to the permit. The need to vary the permit has been caused by (state cause) ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Which item(s) of the permit is/are changing? Original Value New Value Comments Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF PERMIT HOLDER DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (whilable)ere av Kenya Subsidiary Legislation, 2025 686 686 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 012 Easting: Catchment: Northing: WRA ID: Zone: File No: Physical Address where water is to be used Contact Address of Applicant 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-County (s) 10. Post Code 11. County (s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact WATER RESOURCE DETAILS 15. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 16. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 17. Sub-catchment Number 18. Class of Water Resource 19. Name of Body of Water or Aquifer where effluent is to be discharged 20. Sub-catchment Number (Effluent) 21. Class of Water Resource (Effluent) 22. Category of Application (Class of Permit) FEES SUBMITTED Category A, B, C or D Class Permit Amount (KES) Application Fees for Variation Receipt Number SIGNATURE SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION TO VARY PERMIT Signature of WRA Official Name Kenya Subsidiary Legislation, 2025 687 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 012 Easting: Catchment: Northing: WRA ID: Zone: File No: Position Date Application for Variation Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Variation Accepted Rejected Conditional Acceptance Permit Valid until (date) Kenya Subsidiary Legislation, 2025 688 688 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 013 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority APPLICATION FOR TRANSFER OF WATER PERMIT (r. 35) (To be submitted in triplicate) I,(name)……………………………………………………………,being the holder of Permit No. ……………………, do hereby apply for the permit to be transferred to (name)……………………………………………………………. I confirm that all other particulars of the Permit remain the same. The need to transfer the permit has been caused by (state cause) ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF CURRENT PERMIT HOLDER DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Kenya Subsidiary Legislation, 2025 689 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 013 Easting: Catchment: Northing: WRA ID: Zone: File No: Physical Address where water is to be used Contact Address of Applicant 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-County (s) 10. Post Code 11. County (s) 12. Telephone Contact (Landline) 13. Division(s) 14. Telephone Contact (Mobile) 15. District(s) 16. Email Contact PARTICULARS OF PROPOSED PERMIT HOLDER DETAILS 17. Full name of applicant(s) (In Block Letters) 18. Category of Applicant - Individual, Group [Association, Society], Company, Institution 19. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies Physical Address where water is to be used Contact Address of Applicant 20. L/R Number(s) 21. Box Number 22. Village(s)/Ward(s) 23. Town 24. Sub-County (s) 25. Post Code 26. County (s) 27. Telephone Contact (Landline) 28. Telephone Contact (Mobile) 29. Email Contact WATER RESOURCE DETAILS 30. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 31. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) Kenya Subsidiary Legislation, 2025 690 690 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 013 Easting: Catchment: Northing: WRA ID: Zone: File No: 32. Sub-catchment Number 33. Class of Water Resource 34. Name of Body of Water or Aquifer where effluent is to be discharged 35. Sub-catchment Number (Effluent) 36. Class of Water Resource (Effluent) 37. Category of Application (Class of Permit) FEES SUBMITTED Category A, B, C or D Class Permit Amount (KES) Application Fees for Transfer of Permit Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING PERMIT TRANSFER APPLICATION Signature of WRA Official Name Position Date Application for Renewal Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Transfer Accepted Rejected Conditional Acceptance Permit Valid until (date) Kenya Subsidiary Legislation, 2025 691 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 014 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority APPLICATION FOR SEARCH OF WATER PERMIT (r. 39(2)) I,(name)……………………………………………………………,request the Water Resources Authority to provide me with a copy of the Water Permit in respect of the person or parcel of land shown below (submit as much information as possible): PARTICULARS OF PERMIT HOLDER DETAILS 1. Full name of Permit Holder(s) (In Block Letters) 2. Category of Permit Holder - Individual, Group [Association, Society], Company, Institution 3. Permit Number Physical Address where water is being used Contact Address of Permit Holder 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-location(s) 9. Post Code 10. Location(s) 11. Telephone Contact (Landline) 12. Division(s) 13. Telephone Contact (Mobile) 14. District(s) 15. Email Contact WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer where water is diverted, abstracted or stored 17. Sub-catchment Number 18. Name of Body of Water or Aquifer where effluent is discharged 19. Sub-catchment Number (Effluent) Kenya Subsidiary Legislation, 2025 692 692 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 014 Easting: Catchment: Northing: WRA ID: Zone: File No: FEES SUBMITTED Amount (KES) Search Fees Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application Kenya Subsidiary Legislation, 2025 693 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: Catchment: WRA ID: File No WRA 015 ASSESSMENT OF WATER USE AND CHARGES (r.81 (1)) (To be submitted in triplicate) PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. PIN Number (where available) Physical Address where water is to be used Contact Address 3. L/R Number(s) 4. Box Number 5. Village(s)/Ward(s) 6. Town 7. Sub-location(s) 8. Post Code 9. Location(s) 10. Telephone Contact (Landline) 11. Division(s) 12. Telephone Contact (Mobile) 13. District(s) 14. Email Contact WATER RESOURCE DETAILS 15. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 16. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 17. Sub-catchment Number 18. Class of Water Resource 19. Status of Water Resource 20. Name of Body of Water or Aquifer where effluent is to be discharged 21. Sub-catchment Number (Effluent) 22. Class of Water Resource (Effluent) 23. Status of Water Resource (Effluent) 24. Category of Application (Category B, C or D) Kenya Subsidiary Legislation, 2025 694 694 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: Catchment: WRA ID: File No WRA 015 QUANTITY WATER USED BASED ON MEASUREMENTS 25. Meter Number 26. Current Date of Assessment of Water Used 27. Date of Last Assessment 28. Current Meter Reading (m3) 29. Last Meter Reading (m3) 30. Total Consumption (m3) BASED ON ESTIMATE 31. Estimate of water used (m3) between current & last assessment 32. Show calculations/justification for estimate of water used Kenya Subsidiary Legislation, 2025 695 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 015 Easting: Catchment: Northing: WRA ID: Zone: File No: CALCULATION OF WATER USE CHARGES AND CURRENT STATEMENT Units Quantity Rates Kshs Char ges Kshs Instructions a b c d e f g 1 Total Consumption m3 2 Number of Days in Accounting Period Days 3 DOMESTIC WATER USE 4 Amount Allocated on Permit m3/day 5 Total amount allocated for accounting period m3 Col d (Row 4 x row 2) 6 Total amount lawfully used m3 2.5 + Not to exceed col d row 5 7 PUBLIC WATER USE 8 Amount Allocated on Permit m3/day 9 Total amount allocated for accounting period m3 Col d (Row 8 x row 2) 10 Total amount lawfully used m3 2 + Not to exceed col d row 9 11 LIVESTOCK WATER USE 12 Amount Allocated on Permit m3/day 13 Total amount allocated for accounting period m3 Col d (Row 12 x row 2) 14 Total amount lawfully used m3 2 + Not to exceed col d row 13 15 IRRIGATION WATER USE 8 Amount Allocated on Permit m3/day 9 Total amount allocated for accounting period m3 Col d (Row 8 x row 2) 10 Total amount lawfully used m3/day Not to exceed col d row 9 11 Volume of water charged at lower rate m3 2 + Max. vol.= col d row 2 x 300 12 Volume of water charged at higher rate m3 2.5 + Col d Row 10 – row 11 Kenya Subsidiary Legislation, 2025 696 696 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 015 Catchment: WRA ID: File: 13 INDUSTRIAL/COMMERCIAL WATER USE 14 Amount Allocated on Permit m3/day 15 Total amount allocated for accounting period m3 Col d (Row 14 x row 2) 16 Total amount lawfully used m3 Not to exceed col d row 15 17 Volume of water charged at lower rate m3 5 + Max. vol.= col d row 2 x 300 18 Volume of water charged at higher rate m3 6 + Col d Row 10 – row 11 19 FISH FARMING WATER USE 20 Amount Allocated on Permit m3/day 21 Total amount allocated for accounting period m3 Col d (Row 20 x row 2) 22 Total amount lawfully used m3 0.1 + Not to exceed col d row 21 23 HYDROPOWER 24 Total amount hydropower generated Kw.hr 25 Total amount hydropower charged Kw.hr 1 + If (Row 24 – 1)>1, then Row 24 – 1 26 Sub-Total Water Use Charges + Sum Col f Rows 6,11,12,17,18,22, 25 27 EXTRAS 28 Water Resource Conservation charge for abstraction or effluent within a Groundwater Conservation Area or protected area 0.1 + Col f Row 26 x 0.1 29 Penalty for lack of flow measuring device 0.1 + Col f Row 26 x 0.1 30 Incentive for flood water conservation 0.1 - Col f Row 26 x 0.1 (note negative sign) 31 Penalty for Over abstraction 32 Total water used m3 Col d Row 1 Kenya Subsidiary Legislation, 2025 697 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 015 Catchment: WRA ID: File: 33 Total water lawfully used m3 Sum Col d Rows 6,10,16,22 34 Total water used in excess of permit m3 1.0 + Col d (Row 32 – row 33) 35 TOTAL WATER USE CHARGES THIS PERIOD + Sum Col f Rows 26,28,29,30,34 36 37 STATEMENT 38 Previous balance + 39 Payments within last period - 40 Outstanding balance + Col f (Row 38- row39) 41 Interest Charges + Col f Row 40 x 0.02 x 3months 42 TOTAL AMOUNT DUE Sum Col f Rows 35, 40,41 I certify that the information presented in this form provides an accurate estimate of the quantity of water used and the water use charges due. Name Signature Date Kenya Subsidiary Legislation, 2025 698 698 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 016 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority The Water Act (Cap. 372) ORDER (r. 136(2)) PARTICULARS OF PERSON ISSUED WITH ORDER 1. Full name of receiving Order (In Block Letters) Physical Address where water is to be used Contact Address 2. L/R Number(s) 3. Box Number 4. Village(s)/Ward(s) 5. Town 6. Sub-location(s) 7. Post Code 8. Location(s) 9. Telephone Contact (Landline) 10. Division(s) 11. Telephone Contact (Mobile) 12. District(s) 13. Email Contact WATER RESOURCE DETAILS 14. Name of Body of Water or Aquifer related to Order You are hereby required to undertake the following action by the deadline stated below: Action Required Deadline You are required to notify the Authority when you have complied with this Order. Kenya Subsidiary Legislation, 2025 699 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 016 Easting: Catchment: Northing: WRA ID: Zone: File No: Issued by: Signature of Officer Name of Officer Position of Officer Date of Signature Kenya Subsidiary Legislation, 2025 700 700 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 017 Easting: Catchment: Northing: WRA ID: Zone: File No: Water Resources Authority (To be submitted in triplicate) APPLICATION FOR AUTHORITY TO ENTER INTO AND UPON LANDS OF OTHER LANDHOLDERS FOR THE PURPOSE OF INVESTIGATION AND SURVEYING IN CONNECTION WITH A PROPOSED APPLICATION FOR A PERMIT OR EASEMENT (r. 13(4), 104(4)) PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. PIN Number (where available) Physical Address where water is to be used Contact Address 3. L/R Number(s) 4. Box Number 5. Village(s)/Ward(s) 6. Town 7. Sub-location(s) 8. Post Code 9. Location(s) 10. Telephone Contact (Landline) 11. Division(s) 12. Telephone Contact (Mobile) 13. District(s) 14. Email Contact DETAILS FOR WHICH ENTRY IS REQUIRED 15. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 16. 17. State as specifically as you can the proposed purposes for which you wish to use the water 18. Give a general description of the proposed project referring where necessary to the Cadastral map which you are required to submit herewith: 19. State the time in months which you estimate it will take to make the necessary survey and investigations 20. State when you propose to start the above investigation (give date) Kenya Subsidiary Legislation, 2025 701 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Form: WRA 017 Easting: Catchment: Northing: WRA ID: Zone: File No: PERSONS LIKELY TO BE AFFECTED (Attach extra sheet if required) Description of land (Give L R (No.) Name of Owner Postal address and Tel of the owner or of his duly authorized agent 1. 2. 3. 4. 5. APPLICATION FEE Application Fee (KES) Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Date of Signature ATTACHEMENTS Attached (Yes/No) Comments/Remarks Copy of Identification Documents Copy of Land Documents (Land Registrar) Relevant Maps Copy of Receipt for Payment Kenya Subsidiary Legislation, 2025 702 702 WRA 018 Water Resources Authority APPLICATION FOR REGISTRATION BY WATER RESOURCE USER ASSOCIATION (r. 97(1)) (To be submitted in triplicate) PARTICULARS OF WRUA APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Registration Number 3. Date of Registration Physical Address: Contact Office or Person Contact Address 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-County(ies) 9. Post Code 10. County(ies) 11. Telephone Contact (Landline) 12. Telephone Contact (Mobile) 13. Email Contact WATER RESOURCE DETAILS 14. Name of Body of Water or Aquifer for which WRUA is applying 15. Sub-catchment Number 16. Class of Water Resource 17. Status of Water Resource DETAILS OF OFFICIALS Chairman (Name): Date Elected Secretary (Name): Date Elected Treasurer (Name): Date Elected SIGNATURE BY TWO WRUA OFFICIALS Name of WRUA Official Position Signature of WRUA Official Date of Signature INFORMATION ATTACHED Copy of Constitution Copy of Bylaws Minutes of election of officials Kenya Subsidiary Legislation, 2025 703 Water Resources Authority WRA 019 CERTIFICATE OF REGISTRATION FOR WATER RESOURCE USER ASSOCIATION (r. 97(4)) Dear Sir/Madam; I have the honour to inform you that the Water Resources Authority has registered the Water Resources Users Association. PARTICULARS OF WRUA APPLICANT DETAILS 1. Full name of WRUA (In Block Letters) 2. Registration Number 3. Date of Registration Physical Address: Contact Office or Person Contact Address 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-County(s) 9. Post Code 10. County(s) 11. Telephone Contact (Landline) 12. 13. Telephone Contact (Mobile) 14. 15. Email Contact WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer for which WRUA is applying 17. Sub-catchment Number 18. Class of Water Resource SIGNATURE OF WRA OFFICIAL Signature of WRA Official Name Position Date of Registration Kenya Subsidiary Legislation, 2025 704 704 Water Resources Authority WRA 020 SUPPLEMENT TO WATER PERMIT/AUTHORISATION (r. 14(4) SUPPLEMENT No. to be attached to *Authorisation, Permit No. dated issued to and declared to form part thereof as if written or printed thereon (*delete as appropriate). DETAILS OF SUPPLEMENT Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF PERSON TO WHICH SUPPLEMENT APPLIES DETAILS 1. Full name (In Block Letters) 2. Category of Person - Individual, Group [Association, Society], Company, Institution 3. ID Number (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-ounty(s) 10. Post Code 11. County(s) 12. Telephone Contact (Landline) 13. Telephone Contact (Mobile) 14. Email Contact Kenya Subsidiary Legislation, 2025 705 Brief Description of Intended Use of Water Covered under Supplement Type of Water Use Groundwater (m3/day) Surface Water (m3/day) River - Normal Condition River - Flood Condition Lake 17. Public 18. Domestic 19. Livestock 20. Subsistence Irrigation 21. Commercial Irrigation 22. Industry/Commercial 23. Hydropower 24. Others 25. Sub-total 26. Quantity Returned 27. Water Abstracted (row 9- row 11) 28. Effluent Discharge 29. Basic Human Needs Kenya Subsidiary Legislation, 2025 706 706 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 – 00100 NAIROBI Form: WRA 020 Catchment: WRA ID: File: ADDITIONAL DETAILS RELEVANT TO THE SUPPLEMENT Meter ID Numbers Related to this supplement 1. 2. 3. SIGNATURE Yours faithfully, Signature of WRA Officer Name of Officer Position of Officer Date of Signature Kenya Subsidiary Legislation, 2025 707 WRP 001 REPUBLIC OF KENYA MINISTRY OF WATER, SANITATION AND IRRIGATION (This Application Form shall be completed in all sections and the applicant shall countersign alterations) This Application Form should be sent to: Date ……………………………. The Chairperson Ministerial Technical Advisory Committee Maji House, Ngong Road P. O. Box 49720-00100 NAIROBI. Dear Sir/ Madam, APPLICATION FOR REGISTRATION AS A WATER SECTOR PROFESSIONAL I hereby apply for registration/ upgrade/ amendment/ renewal of license (tick as appropriate) as a Water Sector Professional with your Ministry and submit my details with the relevant references as follows: DETAILS OF APPLICANT 1. Name of Applicant 2. Box Number 3. Post Code 4. Town 5. Telephone Contact (Landline) 6. Telephone Contact (Mobile) 7. Email Contact 8. KRA Pin 9. Professional body Registration certificate Kenya Subsidiary Legislation, 2025 708 708 CATEGORY BEING APPLIED FOR (tick as appropriate) PANEL I –WATER SUPPLYAND SANITAION CONSULTANT ENGINEER Water Supply and Sanitation CATEGORY 1 (Construction value of over Kshs.100M) CATEGORY 2 (Construction value of up to Kshs.100 M) PANEL II – IRRIGATION CONSULTANT ENGINEER Irrigation CATEGORY 1 (Construction value of over Kshs.100M) CATEGORY 2 (Construction value of up to Kshs.100 M) PANEL III– DAM CONSULTANT ENGINEER Dams and Associated works CATEGORY 1 (Must have handled a Dam project of 15metres and above) – SD3 CATEGORY 2 (Must have handled a Dam project of up to 15metres) – SD2 CATEGORY 3 (Must have handled a Dam project of up to 5metres) – SD1 PANEL IV Hydrologist PANEL V Hydrogeologist PANEL VI Chemist DETAILS OF ACADEMIC AND PROFESSIONAL TRAINING (Attach certified copies of academic Certificates and Results Transcripts) Institution Course Dates Level Attained DETAILS OF EMPLOYMENT RECORD (Attach Detailed CVs and a Letter from Employer confirming position and dates) Employer Position Held Dates Kenya Subsidiary Legislation, 2025 709 DETAILS OF REGISTERED PROFESSIONAL REFEREES (THREE) (Attach filled referee form) Name Postal Address Tel/Mobi le Contact Email Address DECLARATION I declare that the particulars given in this form are true and correct. Signature of Applicant: ……………………………………………………………… Date of Signature: ……………………………………………………………… Requirements 1. Attach Certified Copy of Relevant Professional Body Registration Certificate (EBK, GRB, HSK, HRB, MSK, KETRIB, etc) 2. Attach Duly Filled and Signed Referees forms (At least 3 professional referees Registered with the relevant registration body) 3. Attach Certified Copies of Professional Qualifications/Testimonials and CVs 4. Attach Certified Copy of ID and KRA PIN Certificate 5. Attach Completion Certificates/Recommendations on Consultancies Previously Undertaken (Attach 2 reports) Kenya Subsidiary Legislation, 2025 710 710 Form: WRP 002 REPUBLIC OF KENYA MINISTRY OF WATER, SANITATION AND IRRIGATION WATER SECTOR PROFESSIONAL LICENCE (r. 121(1)) Dear Sir/Madam; I have the honour to inform you that the Ministry of Water and Irrigation has given you a licence as a Water Sector Professional in the following categories. DETAILS OF WATER SECTOR PROFESSIONAL Name (Surname first) 1. Box Number 2. Telephone Contact (Landline) 3. Town 4. Telephone Contact (Mobile) 5. Post Code 6. Email Contact 7. PIN Number DETAILS OF LICENCE Panel I Panel II Panel III A. Water Supply (>1000m3/day) A. Water Supply (<1000m3/day) Hydrologist B. Effluent Treatment Works B. Effluent Treatment Works Hydrogeologist C2. Class SD2 Dams C1. Class SD1 Dams Hydrometeorologist C3. Class SD3 Dams Chemist D. Irrigation (> 7,500 m3/day) D. Irrigation (< 7,500 m3/day) Biologist Ecologist Geologist Kenya Subsidiary Legislation, 2025 711 Conditions of Licence: 1. 2. Yours Faithfully SIGNATURE OF MWI OFFICIAL Signature of WRA Official Name Position Date Kenya Subsidiary Legislation, 2025 712 712 FORM: WRC 001 REPUBLIC OF KENYA MINISTRY OF WATER, SANITATION AND IRRIGATION (This Application Form shall be completed in all sections and the applicant shall countersign alterations) This Application Forms to be sent to: Date……………………………. The Chairperson Ministerial Technical Advisory Committee, Maji House, Ngong Road, P. O. Box 49720-00100, NAIROBI. Dear Sir/ Madam, APPLICATION FOR WATER CONTRACTOR LICENSE: REGISTRATION, UPGRADE, AMENDMENT, OR RENEWAL I hereby apply for registration/ upgrade/ amendment/ renewal of license (tick as appropriate) as a Contractor with your Ministry and submit the details of my firm with the relevant references as follows: 1.0 DETAILS OF FIRM 1.1 Registered Name (Registered under the companies Act) ……………………………………..…………………………………… 1.2 Address…………Postal Code………………… City/Town ………………… 1.3 Telephone No(s). 1.……… ……….., 2.………… ….., 3.……………………. Email…………………………………..………………………………………… 1.4 Location of Business Premises Country……….……Town……………..… Plot No. ……………………… Street ……………………………… 1.5 Physical location of Workshop if not at the Business Premises (Attach sketch map showing the location for inspection visit purposes) ……………………… ….………………………………………………………………..… Kenya Subsidiary Legislation, 2025 713 1.6 Firm Classification (tick as appropriate): Sole Proprietorship Partnership Company 1.7 Details of ownership: a) Sole Proprietor Name ………………………………………………………………… Nationality …………… Country of Birth …………………………. Citizenship details ………………………………………………….. b) Partnership: - Give details of Partners as follows: - Name in full Nationality Citizenship Details ID or Passport No. Shares Held Tel/Mobile Contact 1. 2. 3. c) Registered Company: Private or Public …………………………… State the nominal and issued capital of the Company: (i) Nominal Ksh. ……………………………. (ii) Issued Ksh. ……………………………. Give details of all Directors as follows:- Name in full Nationality Citizenship Details ID or Passport No. Shares Held Tel/Mobile Contact 1. 2. 3. Kenya Subsidiary Legislation, 2025 714 714 2.0 DETAILS OF PROFESSIONAL STAFF (Attach certified copies of Certificates and CVs) Name Professional Qualifications Years of Experience Position in Organization 1. 2. 3. 3.0 Details of Plant and Equipment (Attach certified copies of Logbooks or other ownership documents) Item Reg. No. Make Model and Year of Manufacture Inspection Location 4.0 Details of Projects completed in last Five (5) Years (Attach copies of Completion Certificates, LSOs, LPOs etc) Type of Project Name Client Contract Value (Kshs.) Date of Completion 5.0 Details of Three (3) Professional Referees (References from consultants and persons supervising works are preferable. Partners or relatives are not acceptable) Name Postal Address Relationship Tel. & Email Address Kenya Subsidiary Legislation, 2025 715 6.0 Details of Financial Status (for last Three Years) Year .............. Turn over ............ 7.0 Category applied for: 7.1 Water Supply, Sewerage, Irrigation, Electromechanical & Installation works Class Maximum value of works (Kshs) Tick as appropriate 1 UNLIMITED 2 Up to 1,000,000,000 3 Up to 500,000,000 4 Up to 200,000,000 5 Up to 100,000,000 6 Up to 40,000,000 7 Up to 20,000,000 7.2 Dam Construction and Associated Works Class Maximum height (m) Value of works (Kshs.) Tick as Appropriate 1 UNLIMITED UNLIMITED 2 Up to 30 Up to 1,500,000,000 3 Up to 15 Up to 500,000,000 4 Up to 5 Up to 50,000,000 7.3 Borehole Drilling, Equipping and Servicing Class Maximum depth of borehole (m) Value of works (Kshs.) Tick as Appropriate 1 OVER 300 UNLIMITED 2 Up to 300 Up to 30,000,000 3 Up to 150 Up to 10,000,000 4 Up to 50 Up to 5,000,000 Kenya Subsidiary Legislation, 2025 716 716 Attachments 1. Referees forms Duly Signed and Uploaded (Minimum of 3) 2. Certified copy of Company/Institutional Registration/Incorporation Certificate /or Articles of Association 3. Current Certified copy of CR12 4. Certified copies of KRA PIN Certificate, 5. Valid Tax Compliance Certificate 6. Directors’ ID and KRA Pin Copies 7. If foreign Company, Attach Introductory Letter from Relevant Embassy 8. Certified Copies of Academic and Professional and Other Employees’ certificates and CVs, + valid work permits for foreigners 9. Certified copies of Log Books (Company or Director's) 10. Certified Completion certificates/recommendations, LSOs, LPOs, BCRs, Letters of Award, and Interim certificates on works previously undertaken 11. Certified financial statements (Bank statement and/or Audited account) within the last three years 12. Certified NCA Registration Certificate (must) DECLARATION I declare that the particulars given by me in this form are true and correct. Signature of Applicant or Lawfully Authorized Agent……………………………...... Name of signatory……………………………………………………………….………… Date of Signature…………………………………………………………………………. Kenya Subsidiary Legislation, 2025 717 Form: WRC 002 REPUBLIC OF KENYA MINISTRY OF WATER, SANITATION AND IRRIGATION CONTRACTOR LICENCE (r. 130(2)) Dear Sir/Madam; I have the honour to inform you that the Ministry of Water, Sanitation and Irrigation has given you a licence as a Contractor in the following category: DETAILS OF CONTRACTOR Name of Company 1. Box Number 2. Telephone Contact (Landline) 3. Town 4. Telephone Contact (Mobile) 5. Post Code 6. Email Contact 7. PIN Number DETAILS OF LICENCE Category I Category II A. Water Supply (>1000m3/day) A. Water Supply (<1000m3/day) B. Effluent Treatment (>1000m3/day) B. Effluent Treatment (<1000m3/day) C2. Class SD2 Dams C1. Class SD1 Dams C3. Class SD3 Dams D. Irrigation (> 7,500 m3/day) D. Irrigation (< 7,500 m3/day) E1. Borehole Drilling – Class 1 (< 150 m) E. Borehole Servicing E2. Borehole Drilling – Class 2 (> 150 m) Kenya Subsidiary Legislation, 2025 718 718 Conditions of Licence: 1. 2. Yours Faithfully Signature of Ministry of Water, Sanitation and Irrigation Official Name Position Date Dated the 19th February, 2025. ERIC MURITHI MUGAA, Cabinet Secretary for Water, Sanitation and Irrigation. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI