Guidelines for Participatory Water Management

Guidelines for Participatory Water Management Ministry of Water Re.sources Government of the People's Republic of Bangladesh Guidelines for Participatory Water Management Ministry of Water Resources Government of the People's Republic of Bangladesh Foreword Profacc TABLE OF CONTENTS Abbreviations and Acronyms Definition of Terms PART·t: TEXT Of THE GUIDELINES 1. BACKGROUND 1.1 Introduction 1.2 Participatory Water Management as Provided ln NWPo 2. OBJECTIVES ANO SCOPE 2.1 Objectives 2.2 Scope 3. STAKEHOLDERS 3.1 Types of Stakeholder 3.2 Local Stakeholders 3.3 Water M;magement Org;::1.nization 3.4 Local Government Institutions 3.5 NGOs/Community Level Self-help Groups 3.6 Private Sector Service Providers 3.7 Implementing Agencies 3.8 Other Public Sector Agencies 4, PARTICIPATORY PROCESS 4.1 Stakeholder Participation In Different Stages of Project Cycle 4.2 Identification/Pre-feasibility Study 4.3 Feasibility Study 4.4 Planning, Design and lnslltutlon Building 4.5 Implementation and Trial Operation 4.6 Operation and Maintenance 4.7 Moni1oring and Evaluation s. WATEn MANACEMENT ORCANIZATION 5.1 Types and Levels 5.2 Composition 5.3 Legal Status 5.4 Registered Water Management Organization 5.5 Un-Registered Water Management Organization 5.6 Brood Tasks ond ResponsibiliUcs 5.7 Beneficiary Contribution and Local Resource Mobilization Page II ii iii V 1 2 2 3 4 4 6 6 7 7 8 8 9 11 11 13 15 19 19 20 23 23 24 24 24 27 6. 6.1 6.2 6.3 6.4 7. 7.1 7.2 Figures: Flgure-1 Figure-2 Figure 3 Figure-4 Annex 1: Annex 2: Annex 3: Annex 4: Annex 5: Annex 6: Annex 7 Annex 8 CAPACITY DEVELOPMENT Importance of Capacity Development Orientation and Training Needs Toplcs/lssues/Areas to be Covered Approach/Methodology MONITORINC AND FURTHER REVISION Monitoring of the Application of the Guidelines Further Revision of the Guidelines Diagram Showing Stakeholders for Participatory Water Management Stakeholder Participation in Different Stages of Project Cycle Involvement of Stakeholders in ownership, management and operation of project/sub-project/scheme Organogram of Water Management Organization PART-2: ANNEXES TO THE GUIDELINES Notification Constituting the Inter-agency Task Force Relevant Provisions of NWPo Circular of the Planning Commission on IAPEC Terms and Conditions of the sample Implementation Agreement Terms and Conditions of the Sample Agreement for Construction of Schemes by WMO through LCS Terms and Conditions of the Sample Agreement for Ownership 27 28 28 29 30 30 5 10 18 22 3 1 33 36 40 48 51 Transfer, Making over of Managoment, Private M,inagement through Leasing, Concession or Management Contract or Joint Management Sample Bye-law of Registered Water Management Organization 63 Sample Bye-law of Un-Registered Water Management 72 Organization ABDUR RAZZAQ 0 FOREWORD Minister Ministry of Water Resources Go,•e-mment of tht Poople's Republic of B.1nglade5'h Dhak>. Thr. G\l iriPlinP<: for P;lrtiripMnry WMPr ri.'1anae,Pn1.Pnt ha,;; hMn prepared w ithin the framework of the National Water Policy (NWPo) formulated by the Government in 1999 and also on the basis of experience of the prc\' ious guidelines. TI,e document h ighlights the governmenfs comm,tment to ensure participatory water management in Bangladesh. From past experience, il is clear that water management can not be carried out effectively if the local stakeholders are not involved in the process. Their active involvement is n""rlP<i at a ll staePs of thP projrct cycle starting from identification to opera tion and maintenance of water resource scheme..~. 11-ie guidelines indicate how the local stakeholders, representatives of the local government institutions, private sector and the public sector agencies will work together for participatory water management in Bangladesh. The present guidelines provide only a broad outl ine for the stakeholder pa rtidpation. Th,• rnnc<'rncd im plementing agencies will develop their own procedures, manuals, formats elc. as requi red on hm.,r to .1pply this guidelines. ln con~ideration of the changing. envi ronment and growtng experience, the guidelines \viii hove to be upd'-'tcd regularly. The local ::;takcholdcr!i, elected rcpr(X;cnt;i tivcG, officials of the implementing agencies, ,,Cldcinicians,. development partners and others involved with participatory water management are requested to sha re their experience and suggestion for future improvement of the Guidelines. A.~ referred to in Section 6 of the NWPo, 1999 on Legislative Framework, the issue of prov id ing a new and appropriate legal framework for registration of the Water ~1nasemcnt O rganiz~tion (VV?\.10) as p-1rt of the prop◊~ed National Water cod~ will ~ considered by the Government as quickly as pos.sible to give effective lcgul status to the WMO. The draft Guidelines for Participatory Water Management was discussed by the Executive Committee of the "1ational Water Council (ECl'vvVC) in the meetings held on 20.09.2000 and 28.11.2000. The draft Guidelines was unanimou5ly approved by ECNWC in the meeting held o n 28.11.2000. The Government strongly believe that the Guidelines will go a long way in contributing towards sustainable use of scarce water resources and participatory water management iJ1 Ba11~J41Uc::.l 1. ~ z[¼~ Ministe r, Ministry o~ter Reso~ / MinbtryofWater Resources Govt. of the People's Republic ofll.ingladesh PREFACE The "Guidelines for People's Participatiotl (GPP) in Water Development Projects" was circulated by the Ministry of Water Resources in 1994. Since then, GPP has been applied ill the ma nagement of water sector proje.-t.s implemented by the Bangladcoh Wotcr Development Board (flWDB) The Local Government Engineering Dcp<>rtmcnt (LGED) also prepared guidelines on how to involve local people in water resource projects. As a result, diffe,cnt agencies have developed various procedures to ensure s takeholder participation. Tl1b i~ particularly the case with the institutional arrangements of the beneficiaries and some agencies work with informal groups and others with formally registered groups. In January, 1999, the Governn,~nl vf Bangladesh published the first National Water Policy (NWPo). It provides policy directives for all the agencies and institutions working for public water resource aevelopmen t projects. The NWPo guides both priva te and public actions to ensure optimurn developmrni M"u1 management of water th..-.t benefits mdividuals as well as society at large. Jn th!S context, the Government felt the need for a new Guidelines for Participatory Water Management applicable to all the agencies working in the wa ter sector. Accordingly, the MiJtislry of Water Resources constituted an Inter-Agency Task Force for fo11nulation of the Guidelines on Participatory Water Management comprising officials from BWDB and officials and experts from LGED. In the process of working of the Task Poree, officials from the W ate, Hesuum, Plannlng Organization ( W Al<J'O), Bangladesh Agricultural Development Corporation (131\DC), Department of Agricultural Extension (DAE), Department of Environment (DOE), Department of Fisheries (DOF) and the Department o/ Livestock (OOL) werf' cnopt"<i as members of the 1-aok Force. The T••k Force fridudes engineers,. water resource planners, sodologists, economists, agl'ono1nists, fisheries, Uvestock, environment and gender development specialists. While formulating the present Guidelines, the Task Force looked into the releva11t provisions of the NWPo, 1999 and also consul ted the previous guidelines prepared so far. TI1e draft Gu idelines was widely circu lated to the concerned professionals and stakeholders for comments in April, 2000. The comments/feedback received from all have been taken i11lu consideration for revision of the draft. 11w revised draft vvas reviewed in the national workshop held in )lU\e, 2000. Tiw Governn1cnt ls pleased to issue the Cuide1ines for Participatory \.Yater Management which wao unnnimously approv.:u l,y ECNWC In the meeting held 011 L8.l l.20{Xl. At present, there is no separate Rule or Act for regish:ation of the WMOs. Most of the WMOs are unregistered. Some \,I/J\1Os arc registered under the Cooperative Societies Ordinance, 19$1 and the Cooperative GocieLiet> Rules, 1987 (known as the Water Management Coopcrntive Association-WMCA). To ensure effective WMOs, the Government is considering formulation of a separate and appropriate Act or Rule for registration o f the WMOs for Participatory Water Management. The officials and experts who worked as members of tl1e Task l'orce deserves appreciation for their hard work in formulating the Guidelines for Participatory Water Management. Azad Ruhul Amin Secretary, Ministry of Water Resources ii AGM RROR BWDB BAOC BIWTA B!Wrc 6MDA CLSHG C'PP DAE ooc DOE FD DOP DLIAPEC DLS EC FCD FCDI FPCO GPP GOB GPWM ha IA IEE IRWP LCS LGED LG! MLGRD&C M&E MoU ABBREVIATIONS AND ACRONYMS Annual General Meeting Bangladesh Rural Development Board Bangladesh Water Development Board Bangladesh Agricultural Development Corporation Bangladesh Inland Water Transport Authority Bangladesh Inland Water TraJ\sport Corporation Barlnd Multipurpose Development Authority Community Level Sell-help Group Compartmentalization Pilot Project Department of Agricultural Extension Department o/ Cooperatives Department of Environment Forest Department Department of Fisheries District Level Inter-Agency Project Evaluation Committee Department of livestock Services Executive Committee Flood Control and Drainage Flood Control, Drainage and Irrigation Flood Plan Coordination Organization Guidelines for P~ople's P<.irlidJ.mliv11 Government of Bangladesh Guidelines for Participatory Water Management hectare Implementing Agency Initial Environmental Examination Intensive Rural Works Programme Labour Contracting Society Local Government Engineering Department Local Government Institution Ministry of Local Government, Rural Development & Cooperatives Monitoring and Evaluation Memorandum of Understanding iii MoWR MOL MWCA MC NGO NWMP NWPo O&M J'Ar PRRA PSSP RDP SSWRDSP SGM SRP TOT UP UZP WARPO WM WMCA WMA WM!' WMG WMO WSIP ZP Ministry of Water Resources Ministry of Lond Ministry of Women and Children Affairs Managing Committee Non-Government Organization National Water Management Plan National Water Policy Operation and Maintenance Project Affected PcrsoJ\ Participatory Rapid Rural Appraisal Private Sector Service Providers Rmal Development Proje<:t Small Scale Water Resources Development Sector Project Special General Meeting Systems Rehabilitation Project Tro.lning of Trainers Union Parishad Upazila Parishad (Sub-district) Water Resources Planning Organization Water Management Water Ma.nagement Cooperative As.sociation Water Management Association VVatcr Management Fcdcro.tion Water Management Group Water Management Organization Water Sector Improvement Project Zila Parishad iv DEFINITION OF TERMS Beneficiary Capacity Development Community Level Self-help Group Compensation Plan Embankment Protection Charge Poyoble by Membe,... and Non­ members EnvironmPnt~l Manageme,nt Plan Executive Committee Facilitator Feasibility Study Guidelines for People's Participation Identification/ Pre-feasibility Study Any individual or group who, in one way or another, is favourably influenced by a water resource project/ sub-project/ scheme. Capacity development of the loca 1 stakeholders in organizational, technical and financial aspects of water resource project/sub­ project/ scheme. Community/ local level small organization., established under private iui tiuH ve. Plan for loss of land, crops and other assets of the local stakeholdeM< r,f a water resowce project/ sub-project/ s.cheme. Power vested in the Cooperative Society to levy such charge as per clause 48 of the Cooperative Societies Ordinance, 1984. Plan to enhanc~ vusitive effects/impacts and mitigate adverse effects/impacts based on initial environmental assessment of a water reso1m•p project/sub-project/ scheme:. Office bearers to conduct the business of an unregistered WMO for a water resnmre project/ sub-project/ s.cheme. The person who will facilitate the process of a trnirung/orienration session in a participatory manner. Detailed analysis of teclmka), ~udal, agricultural, fishery, forestry, livestock and environmental aspects of a water resource project/ sub-project/ scheme. Guidelines for People's Participation (GPP) in Water Development Project as formulated by the Ministry of Water Resources in 1994. Assessment and reconnaisance of technical, social, agricultural, fishery, livestock and environmental issues of a water resource project/sub-project/ sclieme. V lmplementing Agencies Implementation Agreement Implementation and Trial Operation Inter-Agency Project Evaluation Committee Inter-Agency Task Force Investment Cost Joint Management Labour Contracting Society Levy of Water and Embankment Local Government Institutions Public sector agencies which are responsible for implementation of water resources projects/ Sub-projects/schemes, such as, 13WDB, LGED, BADC, BMDA and DOF. A~ sigJ-ed bel'A~ the local/community organization and the implementing agency stipulnti.ng rcspcctjve responsibilities durin~ construction of water resource project/ sub­ project/ scheme. Pre-construction, construction and trial operation actMties of water resource project/sub­ project/scheme including production plans. Committee at the district level formed vide circular of lhe Planning ComnuMion doted 26 10-1999 to avoid duplication and overlapping of water resource project/ sub-project/ scheme. Task Force constituted vide Notification issued by the Ministry of Water Resources in May, 1999 for formulation of the present Guidelines for Participatory Water Management. CO$! in cash and kind required for construction of new and/ or rehabilitation of existing water resource project/ sub-project/ scheme. Management of a water resource projcct/sub­ project/schcme jointly by the implementing agency, loc;,1 government institutions and conunuruty organizations. Labour Contracting Society (LCS) is a group of landless men and women orgaruzed by the BRDB and the NGOs and other informal groups involved in construction/ maintenance of small infrastructure development scheme. Power vested in the Cooperative Society to levy such rate as ~r clause 91 of the Cooperative Societies Rules, 1987. Formed at various Joe.al levels under respective Ordinanoe/ Act and includes Gram Parishad, the U.-,ion P>rishacl. the Upazila Parishad and the Zila Parishad. vi Local ResourceMobiliwtion Local Stakeholders Managing Committee Monitoring aiuJ Evalu~lion Mitigation Measures National Water Policy Non-Government Organization Operation and Maintenance Other Public Sector Agencies Ownership of Local Stakeholders Participation Contributions in cash and kind which arc ~enerated from the beneficiaries/local level for meeting the expenses of water resource project/ sub-project/ scheme. Inhabitants of an area who are directly or indirectly and favourably or negatively affected by a water resource project/ sub­ project/ scheme. Office bearers to conduct the business of a registered WMO for a water resource project/sub-project/ scheme. Monitoring ib a continuous or periodic review to provide feedback and evaluation is tile process to determine efficiency, effectiveness and i..mp'1t.:lS o( a waler resow·ce projcct/~ub· project/ scheme. Action plan for eliminating/minimizing negative effects of a water resource project/sub· project/ scheme. National Water Policy published by the Ministry of Water Resources in 1999. Voluntary Organization established under private initiative either at the local level or at the nationa I level. Keep the infrastructures of water resource project/sub-project/scheme in running condition and use those for designed purposes. Public Sector A~encies which have supplementary functions in respect ol a water resource project/ sub-project/ scheme. Water resources project/sub-project/ scheme which reflects the felt need of the local stakeholders and they are the driving force for over-all management. An important voluntary process in which local stakeholders influence decisions concerning a water resource project/ sub-project/ scheme. vii Participatory Rapid Rural Appraisal Participatory Water Management Private Se<:tor Service Providers Project Affected Person Registered Water Management Organization Sample Agreement Sample bye-law/ Procedure Stages of Project Cycle Standing Committee To find out from the local people about the proposed water resources ptojec-t/sub­ project/scheme as to what they think, what problems they face and what solutions they see. A process by which the local stakeholders are directly and actively involved in identification, plannin~, desij?;n, implementation, operation & maintenance and evaluation ot a water resource project/ sub-project/ scheme. Private cntitities which rnll.y provide se1 vi'-~ for feasibiUty study, survey, design, constrm;tion, repair I maintenance, production/ manufacturing etc. rP-1:itin,:z to water resource project/sub-project/ scheme. Any individual or group who is adversely affected by the intervention of a water resource projt><: t/ sub- project/ scheme. Orgaruzation of the local stakeholders which has been registered under the Cooperative Societies Ordinance, 1984 anti thP Cooperative Societies Rules, 1987 for water resource project/sub-project/ scheme. Exrunpl,e of ogreemenl lo ut: si1,11eu various concerned parties management/implementation of resource project/ sul>-pruject/scheme. among for water Example of bye-laws/procedures of registered or unregistered WMO of a water resource project/ sub-project/ scheme. Include identification/prefeasibility study, fea­ sibility study, planning/design and stake­ holder's institution building, implementa­ tion/tri.al operation, operation/ maintenance and fllonitoring/cvoJuution of n water' resource proiect/ sub-project/ scheme. Permanent Committees prescribed under thP relevant Ordinances/ Acts of the respective local government institutions. viii Sta.l<eholders Stakeholder Participation Sustainability of Water Resource Project Tt"llining ofTJc1itLt:rs Two--wav Communication Process· Unregistered Water Management Organi?.ation Water Management Organization Water Management Group Water Management Association Water Management Federation Water Charge Payable by Members and Non-Members Water Resource Project All individuals, groups and agencies involved with the water resource projects/sub-projects/ schemes. Participation of all stakeholders, individually or collectively at all stages of project cycle. Reier,; to the ability of the local stakeholders of a water resource project/sub-project/scheme to continue functioning into the futur~ without being forced to decline through exhaustion of key resource. Specific and special training course for the potential persons who will impart training to the beneficiaries/PAPs of the water resource project/ sub project/scheme. Training/ orientation session allowing active participation and feedback from thP participants. Informal organization of the local stakeholders of a water resource p~/sub-project/ scheme. Tl1c common n~me of or~ani,a tion of tl1e local stakeholders of a water resource project/sub• project/ sche111c:. The organization of IJ1e local stakeholders at the lowest level for each smallest hydrological unit or social unit (pari1/village) of the water resource project/ sub-project/scheme. The organization of the local stakeholders either at the mid level for each sub-system or at the appex level of the water resource project/sub­ projec:t/ scheme. The organi,.ation of the local stakeholders at the apex lev~l of the water re!.io urc(" p1·oject/ sub­ project/schemc. Power vested in the Cooperative Society to levy such charge as per clause 47 of the Cooperative Societies Ordinance, 1984. Anyneworexistingp~/sui:>-project/scheme for construction or rehabilitation for flood control, drainage, irrigation and / or any other related .:1ctivity. ix PART-1 TEXT OF THE GUIDELINES (Pages 1-30) 1. BACKGROUND 1.1 Introduction Parhcipahon is an important voluntary process in which local stakeholders influence policy fo1mulation, alternative plans/designs, investment choices and management decisions affecting their communities and establish the sense oi ownership. l'articipation also implies effective self-management of specific activities by individuals, communities and / or stakeholder groups. With increased participation of the local stakeholders in managing water resources, proiect selection, service delivery and cost sharing are likely to improve. In particular, the essence of participation is to exercise voice and choice. The parhcipatory water management wiU enhance the effectiveness and sustainab1hty of the water resources projects/sub-projects/schemes. In Bangladesh, water resources have h,storicaUy been dealt with by a number of public sector agencies under different ministries, the principal agencies include the Bangladesh Water Development Board (BWOB) under the Ministry of Water Resources (Mo WR) and the Local Government Engineering Department (LGED) under the Ministry of Local Government, Rural Development and Cooperatives (MLGRD&C), Local Government Division (LGD) of the Government of Bangladesh (GOB). Other implementing agencies for management of water resources are the Bangladesh Agricultural Development Corporation (tlALX.:) and the Barind Multipurpose Development Authority (BMDA) under the Ministry of Agriculture and the Department of Fishery (DOF) under Lhe Ministry of Livestock and Fishery, Participatory water management has been practised by some of these agencies. This has gradua lly resultl'd in an improvement of the stakeholder·s participation at all stages of the project cycle. On the initiative of the Flood Plan Coordination Organization (FPCO) and BWDB, the Ministry of Water Resources (MoWR) formulated and adopted the Guidelines for People's Participation (GPP) in Water Development l'ro1ect in 1994. ln addition, BWDB formulated a few Guidelines on Participatory Process under the System Rehabilitation Project (SRP), Compartmentalization Pilot Project (CPP) and the Water Sector Improvement Project (WSIP). ·n,e GJ:'1' as approved by GOB in 1994 was further revised as a draft by BWDB in January, 1999. LCED developed a guideline for operation and maintenance of Small Scale Flood Control and Drainage Schemes in 1986 and it formulated another Guideline for the parlicipalo1y pnx:te:,,; of Srnall Scale Water Resources Development in 1999. Consequent upon the declaration of the National Water Policy (NWPo) by GOB in January 1999, it has been fouml impen,tive to review those documents for formulating a common Guideline to avoid conflicts and duplications and to Guidtlints f()r P1,rtidpatorv WaterM'1nagm1ent accommodate flexibility, integrity and complementarity in participatory water management. For that purpose, the Government, through a Notification issued by MoWR in May, 1999 constituted an Inter-Agency Task Force comprising officials from BWDB and officials and experts from LGED for tormulating of the Gu,delmes for Participatory Water Management (GPWM). A copy of the Notification is given in Annex 1. Representatives of the Water Resources Plaruung Organization (WARPO), LGED, Bangladesh Agricultural Development Corporation (BADC), Department of Agricultural Extension (DAE), Department of Fishery (DOF) and the Department of Livestock (DOL) were abo co-opted as members of the Inter­ Agency Task Force. The present guidelines, therefore, synthesize all the exercises and experiences of the concerned implementing agencies in respect of participatory water management to be used by all agencies, stakeholders and management for efficient and balanced utilization of the scarce water resources. In addition, the c.; uideline.s draws from the provisions of the NWPo, 1999 and further elaborate those for application in the field. 1.2 Participatory Water Management as Provided in NWPo The NWPo through its various provisions, emphasizes the issue of participatory water management and highlights the importance of Stakeholder Participatior1. The following provisions have been made in the NWPo in this respect: • Planning and management of water resources • Public and private involvement • Economic and financial management • Stakeholder participation • lnstitutional policy The relevant details of the above provisions of the NV/Po .-,re given in Annex 2. 2. OBJECTIVES AND SCOPE 2.1 Objectives The immediate objectives of the Guidelines are to: • Elaborate the provisions incorporated in NWPo, 1999 in respect of stakeholder participation/involvement. • Make available harmonized Guidelines for Participatory Water Management for application in the field. • Increase/improve st.ikeho)dcr p.-,rticipation/involvement in water management. • Give the local stakeholders a decisive voice at all stages of water management 2 • Raise environmental awareness among the local stakeholders and the implementing agencies involved with participatory water management. The long term objectives of the Guidelines are to: • Develop capacity of the local stakeholders in participatory water management • Gradually establish ownership of local stakeholders in water resource management • Achieve sustainable participatory water management. 2.2 Scope In conformity with and further elaboration upon the provisions of NWPo, 1999, the scope of the Guidelines are to: • Apply to the public sector funded water resources development projects • Guide both the public and the private initiatives for ensuring optimum development and management of water resources. • Apply to all stakeholders for participatory water management - local stakeholde~s, Water Management Organization (l"IMO), Local Government Institutions: (LG!s), Kon Government Organizations (NG05) , Cumrnunity Level Self-help Groups, Private Sector Service Providers, Implementing Agencies and other Public Sector Agencies. • Apply to flood control, drainage, irrigation and other surface/ground water management activities. • Apply to both new and existing project/sub-project/schemes, including rehabilitation/ improvement of existing schemes, wherever applicable. • Apply to a U stages of project cycle from identification to monitoring and evaluation of scheme. • Cover issues relating to land use/agriculture/fisheries/aquaculture/ biocLiversity /water quality developnwnt an.d conservation of environment. The guidelines will provide detailed operational framework for increasing stakt>hnlclPr participation in Water Management, but a.II the complexities and scenarios cannot be anticipated beforehand. Therefore, the Guidelines will have to be implemented in a flexible and adaptable manner. Gujd-tlines for Participutory Water Mttr.ngnm•t,f 3 3. STAKEHOLDERS 3.1 Types of Stakeholder The stakeholders of participatory water management compnse: • Local s takeholders • Water Management Organization (WMO) • Local Government Institution (LGI) • Non-Government Org,,nizotioru, (NCOs)/Communily Level Self-help groups • Private Sector Service Providers • hnplementing Agencies • Other Public Sector Agencies The diagram showing various stakeholders of participatory water management is given in Figme I . 3.2 Local stakeholders Inhabitants of an area who are direct!)' or indirectly affected by water management are referred to as "local stakeholders" in this Guidelines. Any individual or gTOup who, in one way or another is favourably influenced by a water resource project is a beneficiary. Any individual or group who is adversely affected by the iI1tervention of a water resource development project is be known as Lhe Prnjed Affected Person (I' A P). The beneficiaries and PAPs can be women and men belonging to the households of farmers, fishermen, small b·aders, craftsmen, boatmen, landless people, destitute women or any other member of the local community. Through the p r ocP.c::.~ of participtltnry watrr m.inr18PmPnt, lt v.d11 hP Pno::.nrPci th;it thP PAP~ :trP appropria tely compensated for any loss or negative effect, that the PAPs will not be worse off due to project/sub-project/scheme intervention and the issue will be rnortitored. Guittelim~s for rartfc1pfltory W4ter Mmrngemc11t 4 .5 3.3 Water Management Organization The institutiona l framewurk in which the local stakeholders wil l participate for water management will be known as the Water Management Organization (WMO) comprising Water Management Group (WMG), Water Management Association (VVMA) and Water Management Federation (WMF). These will be the institutional mechanism at various levels of the local stakeholders for Participatory Water Management. The WMG/WMA/WMF representing the stakeholders wi ll be the driving force in water resource mana3Pment. They would have decision-m~king power at all stages of local water resource management that concern them. The WMOs will be responsible for planing, implementing, operating and maintaining local water resources schemes in a sustainable way am! depending on the type of the project/sub-project/scheme, they will contribute towards the investment and operation & maintenance cost of the project/sub-project/ schemes as determined by the guv,:,rnmenr or decided by them actmg in their own interest . Relevant details of WMOs are given in Section 5 of the Gujdelines. 3 .4 Local Government Institutions The Local Government Institutions (LGls) will provide supporting, facilitating and coordinating assistance to the concerned water Management organization in respect of participatory water management at the local level. LGls will provide such assistance through th eir representation as advisers to the concerned WMOs and also through their respective Standing Committees, The purpose will be to ensure sustainable management of local water resources in line with the over-all development of their areas and in.habitants. Their roles are fuither delineated below: Union Parlshad The Union Parishad will provide the supporting/facilitating/coordina ting assistance for project/ sub-project/ scheme covering one Union for participatory water management On behalf of the Union Parishad, the Standing Committee on agriculture and other development works will provide such functions. Upazila Parishad Jn case any project/sub-proj&t/scheme covers more than one Union, the Upazi la Pa rishad will provide the supporting/faci litating/coordinating ;:,55istnnce for participatory water management. On behalf of the Upazila Par ishad, such assistance will be provided by the Standing Committee on agriculture, irrigation and environment. C 11idelims Jo, ParticipMory W''1fer M,01agtme11t Zila Parishad The Zila Parishad will provide thP s11pporting/ facilitating/coordcnating assistance to Project/Sub-project/Scheme covering more lh,m one Upazila for participatory water management. On behalf of the Zila Parishad, such assistance will be provided by the Standing C'ommittee on agriculture, irrigation, cooperatives, fishery and livestock. If a project/sub-project/ scheme covers m<>rP than one district, the concerned Zila Parishads will jointly perform supporting/facilit.:iling/ coordinating function for participatory water management. For such project/sub-project/scheme, the relevant Standing Committee of the ron,wnPrl Zila Parishads will perform such functions. In specific cases, where applicable, the rol1> nf 1 .Gls will include the following: • To arrange management and operation of public water project/ sub­ project/ scheme of 1000 ha or les.s, hy thP ben,:,ficiary/community organization.s, the ownership of which has been transferred to the LGis by the implementing agency. • To arrange management of pltblic water proiect/sub-project/schcme upto 5000 ha wh.ich have been made over to local and community organization by the implementing agency and their O&M has to be finan~ed through local resources. • To arrange joint management of project/ sub-project/ scheme over 'iOOO ha along with the implementing agency and the community organization. 3,5 NGOs/Community level Self-help Groups The l\iGOs/Community level Self-help Groups available at the local level will be relied on to assist the participatory process of the local stakeholders for watPr management activities. Thl-se will also render assistance in respect of assessment of negative impact to PAPs and identifying mitigation measures. The !'\GO/Community level Self-help Groups will carry out participatory process and social mobilization activities on behalf of the implementing agency or in their own interest to ensW'e nppropriotc involvement und capiidly development of the local stakeholders. NGOs having long and wide experience in social mobilization work will be selected to assist the participatory process. 3.6 Private Sector Service Providers This category of stakeholders will include all relevant private sector entities which may be d irectly or indirectly involved with activities relating to Guide.lines for Participatory Water Managemi-,rt 7 Participatory Water Management, such as, feasibility study, Sllrvey, design, construction, repair /maintenance, relevant production/manufacturing etc. 3.7 Implementing Agencies The implementing agency of a new or existing project/sub-project/scheme will undertake all necessary steps for the formation of Joca 1 stakeholder groups; with thP as«istanrP of other community organizations and provide training, knowledge and other technical assistance to tbe groups for their involvement in the pr<>ject from the identification to the O&M phase of the project cycle. The two principal public sector agencies for watt:r re~Ulll'L"t! implementation activ ities are BWDB and LGED. Other implementing agencies for management of water resources are Bangladesh Agricu ltural Development Corporation (BADC), Barind Multipurpose Development Authority (RMDA) and the Department of Fisheries (DOF). The future role of the implementing ageDcies will gradually reduce and ther~by to mak<:> room for nthPr st~k,.hnld~rs to participate in different stages of the project cycle for participatory water management. Activities relating to s takeholder participation will be carried out directly by the implementing agency or in cullaboratiun with Lhe L'un(t:ined public sector agencies, such as, BRDB and NGOs/Community Self-help group. 3.8 Other Public Sector Agencies The activities of a number of other public sector agendt:s have a11 iu1pc1<:l on or are supplementary to the agencies directly involved in the water resource development activities. The main agencies are the Department of Agricultural Extension (DAE), Forest Department (FD), Department of Environment (DOE), Department of Co-operatives (DOC), Bangladesh Rural Development Board (BROB), Department of Uvestock Services (DLS), Ministry of Land (MOL), Ministry of Women & Children Affafrs (MWCA}, Bangladesh Inland Water Transport Authority (BIWT /\), Bangladesh 1.nland Water Transport Corporation BIWTC), IJepartment of J'ubl,c Health Engineering (DPHE), etc. The role of these agencies in relation to water sector interventions is to deliver services in their respective fields of activity within the participatory framework set ou t in these guidelines. These may include assisting WMOs i.e. WMGs, WMAs and WMFs, at all stages of project -cycle, particularly in respect of p roblem identification and prepnrntion of producHon plons. The concerned impl<:>menting agency for the water resource development project will take the initiative to ensure necessary coordination and cooperation with the above public sector agencies. G1.1iddi11~s for P'4rticiputory Water Mamtgt!ment 8 4. PARTICIPATORY PROCESS 4.1 Stakeholder Participation in Different Stages of Project Cycle AU public sector /um.led water sector interventions must start with the local ~takeholders. The participation of all local stakeholders, individually or collectively, will be ensured in the identifkation, feasibility, planni11g, design, Implementation and operation & maintenance of water resource projecr../sub­ projects/schemes. Participation of the local qtakeholders is o continuous process in the pursuit of ,;ustainable dc,·el0pm.,11t. For water resources development, participation starts from lhc very early stage of id('lltification of land and water resources. Water ,ector projects involve two parallel but intcr-re l~ted proces6 one dealing with structural intervention~ and the other concerning local stakeholder participation including its institutional framework Participatory water management should be demand tirivcn by the requli.,rncnts of the lnshtutional process and not exclusively supply dri\'en by the needs of the project/sub-project/ scheme. When the process is defined within the framework of participatory w;,IPr management, it c~n 1.,., framed m six stages'. • Identification/Pre-feasibility study • Feasibility study • Detailed planning, design and ~takcholders' Institution Building • Implementation and Trial Operation • Operation ""d Mninlt:ndilce • Monitoring and Evaluation J The process of stakeholder participation at different stages of participatory water management is indkMed in Figure 2 and Vdriuus activtt1es involved at different ~tages will be applicable to both new and rehabilitation p rojccts/sub­ projcc~/schemcs, as appropriate. Stakeholder,- in exishng water m"""S'-'mcnt systems can, wilh ur withou t a project and with or without the initiMivc of the implementing agency, establi&h a WMO and have it registered or not. Activities relating to participation at different ~tagPs arc indic,,ted in ;ubsequent paragraphs and depending on specific need, the process of participation may be started at/from any of the stages. It is not necessary that the process of participation will haw• to be sequentially followed through different stage,; from the beginning in all ca,,es. 9 ~ ~ [ ., ~ ~ ~ I j ~ ~ l: i o<l ; • :; 0 Figure 2 STAKEHO~DER PARTICAPATION AT DIFFERENT STAGES OF PARTICIPATORY WATER MANAGEMENT • p~ ofS<flimt~diof,­ M)'II -. qUlllnl ly/.qualllY • Pr,g,ess ota~lturll. llshay. l'ortst,y, INMlOdt and ocria­ Pf()(ltJc:4N• .WOM!ieS • Pr,grw• otef'MN)t'lfnt'ltlll man11g111mw1l p4al'I •Progt.-otmemblrlhlpofWMI . .. ..,........ u,WMO . .. -"M&E....., • lfrplement O&M pi.an •1~~~~:,~un ~l~. flY• ISIOc .. •Mottler~ ........ • ln'f,)lemenl fnvklnmerital g ma~n1~,. . 'If .I Opot841on& MainlonlMo •AtalaeOUlmlll • Rlcel\le trlinmt . ., •y..., r,1~ .. • O&Yelop 06M plen • imp .... ~. lmely, forwtr;, ~ p,octl*n ,.., " lmP"'"9nl plllfl for olh8t .,.. • l111Plamtnl onwOffl'NtlUI 111111"8911'(·"' plan ; ... ~ I · ............... · ...... , ... DIP 75 «·, I • - for.~ ... .,. • LDC.-1 i.w.i~ !" WOrtl.tthlXII ........ , l.oc;alGo ................ .... ~rlnventol'yiit probte"'6i'ooiiWiiii:d ' poWdiail • Aaae11smM1t and f11COnl411H,tiAQt of~•. a9'iculb.nl. fitliEl,Y, 1111'""1(:l •nd enuirm,ffllfflal , "•SOGtli-1ffl8111WWtfWIQ .....,.and PAP■hough .., i Fealll!lly Sllaly •Sokllapl-.ol:dlDCal \ 1N$tvull0No't. I 11111.11 ado, ·~apacll}l'otbcll ' ~~ ,,,,.., • F>Npa ... production pl!lnS ro, e&rica.ihiii: 11s1 fontstry, I~ Md WIWOMl8Tl8' ma'1898f'llltM pllln 1:11:Md on .... bMy 1tuc.t,' • o.wklp <X>l'l)enl8CIO'I ~n tor fll&IIMI.,. ll'l'lp8.,8 • Oetakddaolgn based on reed bf!c< from ~~:la ri~ ..., ..... far~ •C....~torfolmelron • ~ ofOf)OMd M:hlr.-. bo1,1ndlllM • ca,,your '8~1itd S1udlee on toti'nic:111, eocW. eig,i~,... ft1ho,y, 'ototary, llw'eelock and enwonrianlal aapec:u ., .... .., .. ineerY911k>ft and mltlc;alion ......... • Cl<ioo ... ,.,, . .,...,.. .. ....,. " Dill--■ I r,, ~ • ·-.~·"··· """" . 4.2 Identification/Pre-feasibility Study Early participation of all level s takeholders for taking an inventory of problems/constraints, full range of alternative actions as potential solutions and assessment and reconnaissance process constitutes the identification pre­ feaibility study stage. The members of the community who will be directly or indirectly affected both favourably and unfavourably will pa rticipate al this s tage. Local stakeholders are weU acquainted with the constraints, utilization and potentials of water resources. AH public sector funded interven tions must, therefore, start with local stakeholders and/ or Local Government Institutions (LG!s) iden tifying water resource constraints that they want to overcome as well as their possible solutions. If they themselves cannot solve these constraints, they may seek government help in doing so. Such requests can be either formulated as a constraint that needs to be removed or with a proposal for solution/ intervention. The modes of pllrtkiplltion at this stllge are basically interactive in nature and the general steps are the following: • L-0cal level meetings, discussions, identifying problems and developing a problem-solving process. • Wide and effective dissemination of information on potential intervention. • Work with LG!s, local interest-groups, socio-political factions and other relevant entities through involvement in local level committees, associations, >U<.:it:li~s, cultwal dlld 0U1er inleresl groups. • lnventory of problems/ constraints and potentials • Assessment and reconnaissance of social, agricultural, fishery, livestock and environmental issues. The implementing agency will provide widest and equal opportunities to local stakeholders through sufficient facilitating support, so that the interventions with the highest effectiveness, priority and stakeholder support can be identified from among a large number of poten tial schemes. This process should encourage the development of popular support to the identified interventions which should serve as one of the criteria for proceeding to the feasibility study stage. 4.3 feasibility Study Most interventions of the water resource development project/sub­ project/schemes benefit some stakeholders while others are dis-benefited. Therefore, a thorough participatory feasibility study is needed for identification of consti:aints, solutions proposed and alternatives thereof to en.sure that public funds are spent on widely beneficial and sustainable interventions. Guidelines for Pnrlitiphtory WMer MonagtmPtit t I Dming the feasibility study stage, stakeholders' participation includes crystallizing the project concept and integra ting the needs of all sub-sectors using water on the basis of a full range of PnvirnnmPntal as.<P<.<rnPnt aml altPmatiw studies. This is the stage where the concerned implementing agency, the local level Parishads, the interest groups, the GOB officia ls at Upazi la and District levels, the PAPs and local stakeholders are free 10 offer options, interact on each other's opinion, determine trade-offs for different stakeholders, find definite potentials for formation of Water Management Organization and to detail out the project concept for physical implementation along with an O&M p lan for its sustainability. The modes of participation at this stage are interactive, supportive, cooperative and consultative in nature. At this stage, local knowledge, experiences, needs and insights of the people are aptly integrated into the plan and initial design of the project. The steps, in particular, are as follows: • Actively participate in the technical, environmental, socio-economic and other professional studies of the implementation agency concerned in the form of local surveys, investigations, inventori;,:ation, conceptualization of schemes etc. for developing a sound project concept. • Visit to the proposed site by a multi•disdplinaq team so that the first hand data can complement data provided/ gathered from the secondary sources. • Social assessment involving both beneficiaries and project affected persons and those living inside and adjacent to the proposed scheme area. • Solicit the opinion of women and full time, part-time and subsistence fishermen. • Identify any opposition to a proposed intervention and mitigation measures acceptable to the project-affected persons as integral part of the proposed intervention. • Determine proposed scheme boundaries in a way which make sense from both technical and social points of view. • Cr~ctte cut ~uviro1un~nl fur fu1111c1LiuH uf rtp1-'tO},'th1Lt Wah~t Martagen-tenl Organizations during consultation and the process of feasibility study. • Carryout detailed studies on technical, social, agricultural, fishery, forestry, livestock and environmental aspects. Ga1idelittef. fo'I' PartidpatonJ Water Mtmagement 12 • Visualize production plans for each category of beneficiaries and compensation and mitigation plans for each category of Project Affected Persons (P APs). • Assess capacity of the local stakeholders for participation at different levels of project cycle, initiate the process of formation WMO and assess the need for training/ orientation. • Organize pre-project meetings at local levels, proposing appropriate participatory organizational anangement for planning and implementation, operation, maintenance, monitoring and evaluation etc. • Use various techniques and methods during feasibility studies, sud1 as, participatory rural appraisals, focus-group discussions and discussion meetings with the elected representatives and the local people. • Identify practicable, low-cost and sustainable water managemPnt ,solntin-n to local problems relating to water. The fensibility study of all proposed prnjecl/:suu•pruj.,<.:t/sd,.,me will be routed through the Inter-Agency Project Evaluation Committee (IAPEC) at the district level constituted vide circular of the Planning Commission as given in Annex 3. 4.4 Planning, Design and Institution Building When a project/sub-project/$cheme is considered feasible, detailed planning, design and stakeholder's institution building activities will start. Close inlera~tion belwt:t:11 l11t: ,1t,~ig11 team and the local stakeholders is necessary. The local stakeholders will given feedback to the design team on the l?asis of their local knowledge about the proposed intervention. During the detailed planning, design and institution building stage, stakeholder participation includes assisting thP profpssional tp;,ms of the implementing agency to get the necessa1y local experience, insights and best-practice-examples for locating the water infrastruchires in management-friendly way. The local slakehokler, will "xa111i11e, ~uggest and agree to the best possible alternative design prepared by the experts of the implementil'lg agency for achieving workable, efficient, manageable and environn1entally sustainable water management system. Emphasis will be given to planning of technically feas.ible, 13 = economically viable, socially acceptable and environmentally sustainable water rt!,;uu,~" p10jecl/ sub-project/ scheme. Modes of participation at this stage by the local stakeholders are more of a technical, professional and inter-active in nature. The steps are to: • Provide the design team of the implementing agency with all necessary local information on special complexities in water management, the peculiarities and uniqueness of the area-specific land and water characteristics, diversities of watt:"r u~t:" etc. • Prepare production plans on agriculture, fishery, forestry and livestock development and environmental management plan based on the feasibility study. • Prepare detailed design based on feedback from the beneficiaries. • Assist the team by physically locating any issue or problem and ,;ui;i;esl structural or non-structural solutions for the system. • Act as the source of local knowledge/information to the professionals of the implementing agency. On the lI\Stitution building side of the local stakeholders, the following steps will be involved: • Delineate area / boundary in relation to the level of WMO • Form appropriate WMO (WMG, WMA and/ or WMF) • Arrange registration of the WMO, where applicable, under the Cooperative Societies Ordinance, 1984 and the Cooperative Societies Rules, 1987 (till such time a separate Act/Rule is framed by the Government for management of alfai.-s of the Water Management Organization) • E11s,tre close iriteraction between the design team and the WMOs about the scheme concept, location and size of structures, alignment of embankment and khals etc. • Develop compensation plan for negative impacts. Guidelines for ParticiptUory Water Mar.11ge111e11t 14 All of the above will lead to a comprehensive scheme port-folio, including a clear description of the problem {s) to be solved, a listing of the e~pected outputs in each season, both positive and negative, both inside and outside the area and an estimate of the yearly O&M cost. The detailed design should fw-thennore give ll,., t:xacl lo,::ations of structures, alignments of khal5 ,nd embankments, necessary land acquisition etc. The detailed design will then be presented to the local ,;takd,uklci, for discussion, feedback and acceptance. At this stage, an "Implementation Agreement" between concerned WMO and the implementing agency will be signed, the salient features of which arc ind icated below: • RP.latinnship among parties • Roles and responsibilities of the Water Management Organization (WMO) • Roles and responsibilities of the Implementing Agency/Local Govt. lnstitutions • Resolution of potential conflicts The Sample Implementation Agreement as given m AMex-4 is to be signed during pre-construction activities. The purpose of the Agreement is to ensure smooth construction of project/sul:>-project/scheme in time and with desi red quality with active involvement of the local stakeholders. It will also be ncce5G.lry ot this stage to stip-1late the specific responsibility oi the concerned WMO in respect of operation and maintenance of the project/ sub• project/scheme i.ncluding financial contribution. Sufficient institutional basis should be developed in terms of WMO membership and beneficiary contribution prior lo signing of the implementation agreement. This should be pursued by the local stakeholders tacilitated by the implementing agency and the LGis. At this stage it will be essential to ensure that the decisions on scheme designs and subsequent O&M would reflect the interest of the beneficiary population at large, instead of a small number of interest groups. Likewise, the process of coordinating diverse and conflicting interest among people within ""cl 011tsirl<' the project/ sul:>-project/scherne area should be finalized through appropriate consultation and establishment oi mitigation p lans. 4.5 Implementation and Trial Operation Implementation includes pre-construction, construction and trial operation activities. During the implementation and tria l operation stage, local stakeholder participation is to make sure that construction is done as per the detailed design. Guidelim:~ fur PurlidpuLvry Wuti:r Ma11,,gemtt1t 15 Construction/ rehabilitation/ improvement or any civil work will start only after it is clearly demonstrated that the concerned WMO has been formed and it is actively functioning. Steps of participation at this stage aye mainly supportive in nature to physical implementation/ construction. They are as follows: • Get involved in the implementation activities • Assist the implementing agency in monitoring and supervising the qua 1i ty of civil works • Parlicipate with cash or labour during construction (beneficiary contribution) as and when applicable • Prepare and implement an O&M plan • Prepare and implement local resource mobilization plan • Prepare and implement agricultural production plans • Prepare and implement fisheries production plans • Prepare and implement livestock production plans • Prepare and implement forestry production plan • Prepare and implement environmental management plan • Put up suggestion for improvement and lodge complaint in case of any problem as per procedure of the Jmplementation Agreement At least, 25 percent of the earth work of any pub! ic water project/ sub­ project/ scheme will be offered to the WMOs which will carryout the actual work through the Labour Contracting Society (LCS). For this purpose, an agreement will be signed beh\'een the implementing agency and the WMO and another "b'TCement will be signed between the WMO and the LCS. The model terms and conditions of the sample agreements are given in Annex-5. The landless male and female groups of BRDB and such groups formed by the NGOs will be included as LCS members. The main objectives of LCS activities will be to provide employment and income generating opportunities to the rural poor men and women, ensure fair wage and achieve high quality of construction work. At least, either 30 percent LCS groups or 30 percent LCS members will be women. At the implementation stage, the implementing agency will ensure effective coordination among project beneficiaries and project affect<.'<! persons. This is necessary in view of diverse interests on water resource management. GuiJa:lin.-.:, fr.,r P«rti1..iptllury W1drr Munugcmr11C 16 Steps for institutionalization of O&M activities will be taken at the trial operation stage with appropriate support from the implementing agency and other public sector agencies for capacity development of WMO. On completion of construction of project/ sub-project/ scheme and after successful trial operation, the fol lowing steps will be taken: • Management of prnjPcts/sub-projects/schemes over 5000 ha will either be by private management through leasing, management contract or joint management by the implementing agency along with local government and COU lUIWlily organizations. • Management of projects/sub-projects/schemes up to 5000 ha wil l be made over to local and corrummity orgonizations. • Ownership of projects/sub-projects/schemes up to 1000 ha will be transferred to the local government instih,tions which are being satisfactorily managed and operated by WMOs. The salient features of leasing/ 1murn!:1•"nent contract, joint management and ownership transfer will include, inter-alia, the following: • Relationship of par ties under different arrangements • Roles and responsibilities of the Water Management Organization (WMO) • Roles and responsibi lities of Implementing Agency (!A)/Local Govl. Institutions (LGI) and others • Resolution of potential conflicts. Involvement of various stakeholders in ownership, management and operation of project/sub-project/scheme of different sizes is given in Figure '.'I. The Terms and Conditions of the sample Agreements for ownership transfer, making over of m.:,nngcmcnt, private management Lh10ugh Lea~ing/ Concession/ Management Contract under competitive bidding procedure or Joint Management for projects/sub-projects/schemes of different sizes are given in Annex-6. The terms and conditions incorporated in these agreements are some relevant examples only, these are not fully exhaustive and these can be modified/elaborated further by the implementing agecies for signing vario11s agreements. In case of project/sub-project/scheme above 5000 ha, as compared to the arrangement of leasing, concession or management contract under open competitive bidding procedure, the arrangement of joint u1w1dge111ent may be given preference, since it provides a better scope of stakeholder participa tion. Guiddfoesfor Participat,)ry Wnt,, Mmr11g~m~,t1 17 II ~ ! i· '<' ' ? =· t " . ;i ~ if ~ !( , i i 0, Figure 3 INVOLVEMENT Of VARIOUS STAKEHOLDERS IN OWNERSHIP, MANAGEMENT ANO OPERATION OF PROJECT/SUB-PROJECT/SCHEME Of DIFFERENT $ 1ZES Proje<:t/Sub-pro~ecU Schemes wlt'l Command Area of 100Q h<I or Less ownersnlp Witlbll· graduaUy tJansferred f10m lAs to LGls ~ Mtmageme11t I and Operallo"I Eeneficlary/ Community organizations ProjecVSub-proJecV Schemes with Command Area upto 5000 ha Ownorship Wlllewith1 ,~s I Managemanl and Operation 1 will !>emade over to focal and community organiz<1tions LGIS Community OrganlzaUon: O&M will bB financed th·rough focal resoutoos OwnersllP Will lie with lA1 Proj ,cVSulrj)1oject/ Sctlemes with Command Ama of over 5000 ha WIii be placed 11nder priv~te management Through leasing : concess101i or : ,n~na9&meni . contract under: oven compe.titi"b bl<fdl1111 procerlure 'Nm be sointly managed By IAs \Mth local 9<:1Vetntntnts nd communityJ organizations 4.6 Operation and Maintenance Durine the O&M stage, local stakeholder5' participation will include active participation in water management/ use and operation & maintenance of facilities on the ground. TI1e participation will be in different ways according to LJ,., ~izc, nature and complexity of wa ter resources project/sub-project/scheme. The elements of participation at this stage will include the following: • Have 01,vnership of the project/sub-project/scheme, as applicable. • Ha,,c Management's right of the project /sub-project/scheme, as app licable. • Have joint management of the project/sub-proiect/scheme with thP 1.ocal Government lnstitutions and the implemen ting agencies, as applicable. • Prepare over-all management, operation and maintenance plan of the project sub-project/ o,d 11;:me. • Prepare plan for routine and periodic maintenance of infrastructural facilities. • Realize O&M costs for the project/sub-project/scheme • Implement production plans on agriculture, fahery, livestock, forestry etc. • Implement environ,nental management plan • Receive training for different water manneement groups from the implementing agency or the contracted NGOs. • Monitor the imp lementation of O&M plan and constantly irnprovP npon the same in physical, financia I and managerial terms. • Adopt conflict resolution mechanism within the project/sub-project/scheme (e.b u~nveen highland and low land, upstream and downstream, fanncrs and fishermen, beneficiaries and PAPs etc.) The implementing agency will advise and assist th(' local stakeholders in pceparing an operation and maintenance plan. The agency wi lJ furthermore as.sist the local stakcholdcro by taking part in technical mspections of infrastructure, making estimates and budgets, tra ining for specific activities, qual ity control etc. 4.7 Monitoring and Evaluation During the M&E stage, local stakeholders' participation involves identification of areas that need further improvement and to undertake those improvements. C11;de/hu-s for P"rli'cipatory Wulcr Mmwgemeut 19 The issues to be covered at this stage will include the following: • Physical progress of construction work - quantity and quality • Prne;rpss of n1PmhPrship of WM() • Progress of women participation in WMO • rrogress of beneficiary contribu lion • Progress of agricultural production • Progress of fishery production • Progress of livestock production • Progress of forestry production • Progress of implementation of environmental management plan • Progress of other production activities undertaken by WMO • Participate in M&E surveys/ activities planned by the Implementing Agency • Assess results of mitigation measures taken against any adverse effect • Assess conditions of r A.T's 5. WATER MANAGEMENT ORGANIZATION 5.1 Types and Levels of Water Management Organization To be meaningful and sustainable, local stakeholder participation has to be institutionalized. Water Management will be encouraged and assisted to form different types of Water Management Organization, such as, Water Management Group (WM(.;), Water Management Association (WMA) and Water Management Federation (WMF) depending on the size and complexity of the project/sub­ project/ocheme. For each project/sub project/scheme, there will be ot least one level of WMO. The number and level of WMO to be formed in any project/sub­ project/scheme will be decided by the stakeholders on the basis of their preference and in consideration of the size and complexity of the project/sub• project/scheme. The types of WMO which may be formed in respect of different si7..es of project/sub-project/scheme are indicated below: G11ideU1te$ for Partidptrtory War er Management zo For Project/Sub-project/Scheme U pto 1000 ha In such project/sub-project/scheme, there may be one or two WMOs as indicated below: • WMG at the lowest level for each srnaUest hydrological unit or ~ocial unit (Para/Village) • WMA at the apex level of the project/sub-project/scheme. For Project/Sub-project/Scheme Upto 5000 ha. The WMO for ~uch project/sub-proje<l/sd1eme may consist of two or three levels as indicated below: • WM<,; at the lowest level for each smallest hydrological unit or social unit (Para/Village) • WMA either at the mid-level tor each sub-system of the project/sub­ project/scheme or at the apex level for the project/sub-project/scheme. • If necessary, WMI' at the ap"x level of the project/ sub-pro1ect/ scheme in case WMA is formed at the mid-level for each sub-system. For Project/Sub-Project/Scheme above 5000 ha. There will be the following three liers of WMO for sud1 poject/ sub­ project/ scheme: • WMG at the lowest level for each smallest hydrological unit or social unit (Para/Village) • WMA at the mid-level for each sub-system of the project/sub project/ scheme. • WMF at the apex level of the project/sub-project/Scheme. The organogram for different types and IPvPls of W'MO for various sizes of project/sub-project/scheme is given in Figure 4. In case more than one level of WMO are established under a project/sub-project/scheme, their role will be mutually supportive a.nd not comp.,titive. II any conflict arises at any level of WMO, the same will be resolved by the respective higher le\.'el of WMO. Guid,•Unes for Pt,rt{cipat<>T!( Water Management 21 C') i .. ~ '.;, ' 'ii l ~ '< ~ is ~ 's: a • ~ 3 • :'. ,~ N Figure 4 Organogram of Water Management Organisation fMIIWfflil !flq t f WMf WMF wi.lJ be forroed ilf :1pu ltvc ol the P~jt(;l!°$Ul-.pn.>JCC\I' .dlC I)( Rcpre¥:n11otivu Inn• lb; g,:ncnl fl)Cribcts nf !be WMA will be tb-~ g,cnr.QJ memhen: Clf the WMP RCplC$CQ(ltiV1;$ l rc,m the C(IIIC'trocd LGls (Up:11:ila l".u'ii:hadl21Ja !'lln5be<Jl w1L bt the :utvi~I() u.'VIMP (901oo<iling o( w~ WMA will ~ tuul.'ltd (,r nthct Ille '()Cl level or projectfwt-projcclh;(beoc « the ntid-11';\'d fQr ca.-b :\llb--sJ~lcm ()(the (lf('i«1'$ult-p«tje<t/ Mbc!UO ~ 11td .-.r.n bclony ng "' the b111ti=hohh of fArmc:~. (ubcmlitl, l!li311 t.radtrs. cm!U.fl\Cll, bol«mtn., aquicu.l11,.UU1. wdlm pcopk, dw.i1111c womco, P\P ~•, win le- lt,c guitrnJ mm1b,,:r1 -Of WMA or 1eprem,111u~·ci1 r,c,m the icna-'11 mctubtu ,'II the WW.C will belll" ~d 11.'Kmb:Bcif W).1A Reprc.,mt,UYC8 fr-0111 lh: wec«aed :..Ofs (Ulltt,'l11 ramhad,'\'p.t.lil II Paridm) wiJI lK- th: 114vi,on. 1-,l WMA Co.mposition of Wf!t(G WMG wJ) be (llfflld (ar tMh ~m1.llc.st bydroiol,l(.AI end Of ,ocial tllUl (Jv.11\'i~eo) r,J the projecll ~oti ~ht111C W1,rm:11 111d mcll bdoltlins 10 llx bo 1sdl(,ltb c,t fa1mr11, li.lbc::m1cn, stnall iradcn.. 1;·afu,t1tn boa1me~. ;1qufltul l'OUM. lniWk-311 pcopk:. c1e~~im.c -~lllltl,l, rAl' (I~ will be ltw gt11trAI •m Rc11tt$et11a11,>es rrom 1hc oon.:tnicd l.(il (Uruoo Ptri~hld) will bf 1he :advl~u ofWMG ~~8~~~~~~ for ftrojocl/Sub projt:ct/Sthemc below 1000 tu For Proj«:t.1Sub-pn>.1et:t1S:htme upb5t'IOObll For Pn>Jt(t/Suh-proseci/Sc:.iiemc a.bo,e SiXlO hll 5.2 Composition of Water Management Organization The membershlp of the WMC will be open to women nnd men belonging to the households of farmers, fishermen, small traders, craftsmen, boatmen, aquaculturist, landless people, destitute women, P APs etc. within the project/sub-projects/scheme area who are influenced directly or indirectly and positively or negatively from the project/sub-project/scheme and they will be treated as the genera I members of WMG. The membership of the WMA will be open to women and men belonging to the households of farmers, !ishcrmcn, $mall trndcrs, craftsmen, boatmen, aquaculturist, landless people, destitute women, PAPs etc. within the project/sub project/ scheme area who are influenced dirt.'Ctly or indirectly and posit ively or negahYely from the project/sub project/scheme and they will be treated as the general members of the WMA. Alternatively, the representatives from the general members of the WMG will be the general members of the WMA. The representatives from the general members of the WMA will be the general members of the Wlvl F. Members of the vulnerable groups i.e. women, landless, share croppers, PAP must be included as general members and members of Managing Committee/Executive Committee of WMG/WMA. Representatives from the concerned LGJs ,vill be included as Advisors to the WMG (representatives from Union Parishad). WMA (representative from Union Pnrishnd/Upaizla Parishad} and the WMr ((representative from Upazila Parishad/ Zila Parishad}. 5.3 Legal Status of the Water Management Organization The WMG may or may not be registered. The ViMA will be registered. The WMF may or may not be registered. Agreements will be signed by the concerned implementing agency or the LG! only with the registered \o\TMOs. Registration of the Water Management Organi.iation wiU be done w.ithin the framework of the Cooperative Societies OrdiMnrf>. 1984 anrl thP C'nopPrative Societies Rules, 1987 as amended from time to time. This system of registration will prevail till such time the government will frame separate rules for G,,.idehnes /Qt Participfltory Wottr Mtmagem,mt 23 registration of the Water Management Organization for participatory water management. 5.4 Characteristics of Registered WMO The registration of a cooperative society vrill render it a body corporate by the name under which it is registered, with perpetual succession and a common seal an<l with power to hold property, to enter into contracts to institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted. The management of every registered co-operative society will vest in a managing committee constituted in accordance with the Coopcrotivc Societies Ordinance, 1984, the Co-operative Societies Rules, 1987 and the bye-laws to be framed thereunder. The model bye-law of the WMOs which is registered as a cooperative society is given in Annex-7. 5.5 Characteristics of Un-registered WMO The WMOs which will not be registered as Cooperative Societies will remain as un-registered Wc'v1.0s. Such unregistered WMOs will adopt internal group dynamic process and to manage their activities, these will also have appropriate procedures. The model procedures of the un-registered WMOs is given in Annex 8. 5.6 Broad Tasks and Responsibilities ol WMO The tasks and responsibilities of different levels of WMOs will be very important fo, dfe<.:tive participatory water management. (n case of project/sub­ project/scheme where there will be one level of WMO, the entire responsibility of internal management and external coordination will be made by that WMO. In case of project/sub-project/scheme where there will be two or three levels of WMO, the tasks and responsibilities of various levels will be complementary to Pach other. In that case, the over-all management o.nd co-ordination will be done by the apex WMO. The broad tasks and responsibilities of WMOs of various levels are indicated below: Guidel-ines for Purlicipoto,y Watl'r Mtmng.rmtrit 24 Water Management Group The broad tasks and responsibilities of the Waler Management Groups (WMG) will include, inter-alia, the following: • Stakeholders interactive activities through preliminary discussions, meetings, motivation etc. • Provide general membership • Frame the W<lrkjng procedure • Describe process of interaction • Formulate documents • Participa te in all stages of project cycle • Prepare annual crop/other production plan and O&M plans • Mobilize local resources and collect beneficiary contribution towards shceme investment and operation and maintenance cost. • Keep books of account for record and auditing • Work with implementing agencies, NGOs, Commw,ity level self-help groups an<l LGh • Progressively take up of full or shared water management responsibilities • Resolve conflicts, elect/select office bearers, explore dimensions ot economic activities around water resources project/sub-pcoject/scheme. Water Management Association The broarl tasks <>nd responsibilities of the Water Management /\ssociotion (WMA) will ind ude, among others, the foUowing: • Prepare budgets and participate in overall acttv,hes • Provide general membership • Review and resolve conflicts or issues referred to from WMGs • Liaise with the implementing agency, LGTs, NGOs and community self-help groups concerned regarding various issues • Sign documents for management transfer on behalf of the WMGs with implementing agency or LG Is as appropriate • Formally represent the beneficiaries and project affected persons in all issues relating to water management. G1tidt'lfor~ for Pamctpatory warer Management 25 • Prepare annual crop/other production plan and O&M plans and/or collate annual crop/ other production plan prepared by WMG. • Collect the beneficiary contribution towards scheme investment and opera tion and maintenance cost and where applicable, colJect beneficiary contribjution from WMG for investment, operation and maintenance costs. • Observe construction to ensure that works are as per the design and the implementation agreement and participate in joint supervision team. • On completion of lease in the scheme infrastructure from the implementing agency and operate and maintain it as per the lease agreeme nt. • Assist in arranging relevant extension, training and other service from government and non-government organizations for various stakeholder groups. The concerned local government bodies will act in an advisory capacity to the WMA, particularly in the areas of land acquisition and resolving conflicts among the various local stakeholders. The implementing agency will act as the technical ndvfocr lo the vV}.1A in all rnatters related to water n1anagen1en l. Water Management Federation The broad tasks and responsibilities of the Water Management Federation {Wl\1F) will include, among others, the following: • Lia ise with the implementing agency as and when required • Oversee tne activities ol WM As • Provide general membership • Coordinate the tunctions of various stakeholders in water management • Mobilize joint efforts for effective application of rules/procedures regarding water mnnngement • Formally represent the beneficiaries and project affected persons in all scheme-level issues relating to water management • Prepare annual crop/other production plan and O&M plans and/or collate annual crop/ other production pla ns prepared by WMA. • Where applicable, • collect from the WMAs, the beneficiary contribution towards scheme-level opera tion and maintenance • Observe scheme-level construction to ensure that it is done as per design and the implementation agreement. 26 • On completion of the scheme, lease the scheme-level infrastructure from the implementing agency and operate and maintain it as p<'r IPasP agreemen t. • Assist in arranging relevant extension, training and other service from the government agencies and the non-government organizations for various s takeholders. The concerned representatives of the LGis will act as advisors to the WMO particularly in the areas of provid ing n(llt -teclmica l advice and resolv ing conflicts among various local s takeholders. The concerned implementing agencies and other public sector agency will provid.- technical adv ice and assistance to the WMO, WMA and the WMF in the relevant matters concerning participatory water management. 5.7 Beneficiary Contribution and Local Resource Mobilization For the foreseeable future, cost recovery for flood control and drainage (FCD) pro jects is not envisaged in the NWPo. In case of flood control, drainage and irrigation project/sub project/scheme, water rak~ will be charged for O&M as per government rules. Water rates real ized from the beneficiaries for O&M will be retained locally for the provision of services within the concerned project/sub­ project/scheme. Certain projects require that the beneficiaries will have to share the inveshn ent cost either in cash or labour and also the O&M cost. The WMOs wil l mobilize local resources to m PPI the requirement of such contribution/sharing of investment and 0&\,1 costs. 6. CAPACITY DEVELOPMENT 6.1 Importance of Capacity Development In order to ac.hievP lhP objective~ of the CPWM, capncity development of WMOs is essential in respect of organizational, technical and financial aspects. Capacity development is not only to develop the capacities of WMOs but also to ensure the improvement of the capacities of those who work with them, such as, LGls, NGOs and the Implementing Agencies. Capacity development approach should, therefore, be taken as a comprehensive tasl.< and aimed at enhancing capacities of all the key s ta keholders in participatory water management. Public water projects wil l include a training component for transfer of knowledge and technology to the u~Pr~ :and it will be initiated/ monitored by the imp lementing agency at every stage ,,f the project work. 27 ~ 6.2 Orientation and Training Needs Since the participation of the local stakeholders and others involved is a lengthy and complicated process, appropriate programme for orientation and training of all concerned will be of utmost importance for ensuring effective participatory water management. Such orientation/training programme will cover all the stakeholders which will include: • Water Management Organizations • Representative~ of thP I .ocal CovPmmPnt fnstit11tions • Representative of NGOs and Community Level Self help Groups • Private Sector Service P,·oviders • Officials of the Implementing Agencies Such orientation/training programmes will cover all relevant issues from the identification stage to the monitoring and evaluation o/ the water resource schemes. The orientation/training programmes for different stakeholders will be planned and implemented in an integrated manner, so that efforts mode in thi5 respect for different categories of the stakeholders will be mutually supportive to each other. Separate orientation/training modules for various topics/issues and stakeholders will be prepared as considered necessary and implementation ot orientation/training courses wiU be done on the basis of the Annual Orientation/Training Calendar. 6.3 Topics/Issues /Areas to be Covered The orientation/training of the local stakeholders and others concerned will include, inter-alia, the following: • Introduction to project/ sub-project/ scheme objective, components, coverage etc • Stakeholders of participatory water management • Participatory Rapid Rural Appraisal (PRRA) • Activities under in.slilutional <111U l~Uu1iu.t1 JJnx:e:,~ during i<lentifkation stage • Activitis under institutional and technical process during feasibility study stage • Activities under institutional and technical process during planning and design stage • Activities under institutional and technical process during implementation and t,;a1 operation stage. 28 • Activities under institutional and technical process dUiing operation and maintenance stage. • Activities under institutional and technical process during monitoring and evaluation stage. • Water ManaePrnent Organization (WMO) • type,, levels, formation and roles/ responsibilities. • Bye law of Registered Water Management Organization • 0y-, law of Unregistered Water Management Organization • Technical (engineering) issues concerning project/sub-project/ scheme • Environmental issues concerning project/sub-proj~>ct/ scheme • Construction/supervision of project/sub-project/scheme • Formation of LCS and construction of schemes through LCS • Preparation and implementation of agricultura l production plan • Preparation and implementation fishery /acquaculture production plan • Prepareation and implementation of other supportivP production plan (such as, tree plantation, income generating activities etc.) • Beneficiary contribution/local resource mobilization (LRM) for sharing of schemP rost • Roles/ responsibilities of the LGI representatives • Roles/ responsibilities of NGOs/Community Level Self help Groups • Roles/ responsibilities of the implementing agencies • Roles/ responsibilities of other public sector agencies • Roles/responsibi litiPs of private sector service providers • Group management • Ski II developnwnt and leadership • Coordination of pro1ect/sub-project/scheme activities and resolution of conflicts • Sustainability of project/ sub-project/s~hPme and concept of sustainable integrated water management • Any other relevant issues 6.4 Appwach/Methodology The need for choosing approp,i<>le training method and training aids in implementing various types of orientation/training courses for different categories of trainees is important. There are different aiteria which can bt> used to make a choice ot a particular training methods/aids. The delivery mechanism of training will involve o participatory pruc~ss. The participants of training will mostly be adults and their educational and socio­ economic background will be different. The role of trainer in this process of Crtidelines for Participtitorv Water Mtln~emenl 29 learning will be as facilitator and not as teacher. The trainer will create a responsive environment by encouraging the participants in a two-way communication process which will mean active involven1enl uf tht: trainer and the trainees in the learning process. In this process, efforts will be made by the trainer to involve all the trainees as much as possible. A continuous feed back mechanism will be applied by the facilitator /trainer to check understanding oi the trainees and also seeking their feedback. The trainers for such courses will acquire skills in handing the participatory type trainine; programme through Training of Trainers (TOT) course to be organized by the lrnplementing Agency. 7. MONITORING ANO FURTHER REVISION 7.1 Monitoring of the Application of the Guidelines Since application of the guidelines involves important technical, social and institutional process in which stakeholders' active participation has to be e,m,ur~<.l, the progress of application of the Guidelines in the field will be closely monitored. 11,e T il:,k Force for Participatory Water Management will perform the task of monitoring the application of the Guidelines in the field. For that purpose, the Task Force wiU evolve necessary methodology/ indicator for monitoring, collect relevanftnformation and send the compiled information to W J\RPO:- Based on the field information received from the Task Force, WA R'PO will centrally monitor the application of the guidelines and send the compiled information to the Ministry of Water Resources indicating progress and comments. The monitoring system and reports will be reviewed after two years. 11 considered necessary, monitoring report ail"" 011~ year or Interim monitoring report at any other time may be prepared for review. 7.2 huther Revision of the Guidelines It is recognized that the experience of Participatory Water Management is gradually growing in Bangladesh and for that purpose it is necessary to further update the guidelines taking into account the experience and lessons gained from application of the ~amp in the field. Within two years of application of the Guidelines in the fidd, appropriate, steps as considered ne,es»u·y will be taken to revise and expand the guidelines on the basis of experience gained including rectification of shortcomings/ defects. GJ1idr.lines for Partic,pntory Wntc, Mann.gemc.nt 30 PART-2 ANNEXES TO THE GUIDELINES (Pages 31 -76) GOVERNMENT OF THE PEOPLE'S REPU BLIC OF BANGLADESH MINISTRY OF W /\ TER RESOURCES DEVELOPMENT SECTION-I Annex-1 No. MoWR/ Dev.l/Wll-4/99/237 Dated:05-05-1999 NOTIFICATION The Government feels the ncc(:ssi1y of having one unlform but flex ible Guidelines for Pank1pmury Watc1 Mi.1m1g~1111:u1 Uy all itg~m,;it:~ wv1ki11g in 11,c wdlCf ~e<to1. In d1c meanti1.llC\ ~ few government agencies have drafted their own guidelines apparently without any mutual co­ ordination among, them. h may no1 be desirable 10 have more than one guidelines for use in the wa1cr sccto,· fo1· the snmc purpo3c. 2. With a view 10 integraling these document., in1o one acceptable document by retainmg flexibility for minor details, lhe government is pleai-ed 10 con1,1iLU1e a,, inter-agency Task Fo rce as follows: ( I ) (2) (3) (4) CS) (6) (7 J (8) (9) Mt. Md, Sh:ihidul Hac.s-'n, Addilmn:tl Oucf Engin-.:..:,. LGED Mr. $alal'l.lddin Md. Humayun. P-mj<"Cl Oir<:ct0t:'S.i1>td Enginecr Or Q R. Islam Ag~noml~t,SSWRL)SP, LGl:D Mt. "tityana11d8 Ch..'tl.m.,oo:y, Oir«iot, P-<:onornic Planning. BWDO. Dhaka Mrs. Suhon11 Afro1.., Sc,ciologlSl. SSWROSP. LGED Mr. Sncedur Rahm.an. Dir,;:cl0r. r 1anningS1.:hCn"1e"I Y. 6W()6, ()h{ll:a Ml' S,M. TowhCCCI, Scnl(n Agrk:ulrurnl f l:mmng Officer, Dim:tor.tte." of Planning(Oeneral). 6WO6. Dhak.-i Mr H.R. Akonda, Management Consultntt, LGEO Ml', f R.M. KMIOO, Oc1>U1Y ('hicf Agronomist, Director,'ltC' o(L:.md & Water Use:. BWDB. Dht1kll Convenor t-.kmber M~11bc1 ~fomb~· Member t,.,lcmbcr Mt.:inbl:r ML•mbe-r Mem~r l. Mr. Dirk R. Frans. Panicipacory Dcvel<>pmenc Adviso,·, SSWRDSP. LGED will act as a faci lita tor. 4. The Task force will be provided with the necessary documents by the Convenor in the fi rst meetiog. The first meeting will also be aucnded by the Secretary, Ministry o f Water ResOLJf'C.eS: and the Sec-re1ary, Local Govt>rnmPnl Oivision for sh::irine 1heir views on 1he subject wi,h the tnembers of the Task Force. 5. The Task .Force wiH meet fonmllly as many times as necessary to arrive a t a concensus <lucwl\CJU. 6. First meeting of the Task Force will be held on May 12. 1999 ac 3:00 P.M. at LGED Bhaban. 3. The final ou1put of lhe rask Force will then be- put to consultative workshop at the national level. further review by o rganh:.1ng: a (Shahed Iqbal Md Mahbub-ur-Rahman) Senior Assistant Secretary Tel: R66859 31 Distribution: I . Mr. Md. Shahidul Hassan. Additional Chief Engineer. LGED. Dhaka Annex-1 (Contd.} 2. Mr. Salahuddin Md. Humayun. Project Director'Superintcnding Engineer.CPP (FAP-20), BWDB, Tangoil 3. Dr. Q.R. Islam, Agronomist, SSWRDSP, LGED Dhaka 4. Mr. ':\lit)'ananrl• C:hakravorty. Director. Economic Planning, BWDB, Dhaka 5. Mrs. Sultana Afroz, Sociologist, SSWRDSP, LGED, Dhaka 6. Mr. Seedur Rahman, Director, Planning Scheme-IV, BWDB. Dhaka 7. Mr. S.M. Towheed, Senior Agricultural Planning Officer, Directorate of Planning General. BWDB, Dhaka 8. Mr. H. R. Akanda, Management C<,11,ultam, t,CCD. Dhaka 9. Mr. F.R.M . Kllaled, Deputy Chief Agronomist, Directorate of land & Water Use, BWDB. Dhaka cc: I. Chairm•n, Bongladesh W.,er Development Board. Dhaka 2. Chief Engineer, Local Government Engineering Department. Agargaon, Dhaka 3 PS to Secretary. Ministry of Water Resources 4. PS to Secretary. Local Government Division, Bangladesh Secretarial., Dhaka OfOcers Co-opted as Members by the Task Force I. Mr. Md. Nurul Islam, Project Director, SSWRDSP, LG£O 2. Mr. G.l.N. Murshed, Senior Scientific Officer, WA RPO 3. Dr. Tofail Ahmed. Sociologist. SSWRDSP, LGED 4. Mr. Ataur Rahim. Aquaculture Specialist, SSWRDSP. LGED 5. Mr. Md. Sultan Uddrn. Chief Engineer, S&W, BADC 6. Mr. M. Atahar Hossain, Addl. Oirectt>r, WM&AE Wing, DAE 7. 01. Mostafo Kamal Faruque, Joint Director, 0-epartment of Fnvimnment 8. Or. Md. Momtazuddin. Deputy Chief. Depanment of Fisheries 9 . Mr ~•ntosh Kumar Nath. DeputY Director (Evaluation), Department of Liveslock 32 Annex2 Relevant Provisions of NWPo on Participatory Water Management Planning and Management of Water Resources (Section 4.2: Pages 5-6): "'The participation of all project affected persons, individually and collectively, will be ensured m the planning, design, implementation and operation and maintenance (0&.\1) of publicly funded sUiface water resources development plans and projects. Local Goverrunents (Parishads) will be the principal agencies for coordinating the these efforts. Community level self-help groups (private) and Non-Lovernmcnt Orgam,.at,ons w,JJ also be relied on to a~sist in the Participator)' Pr<>cess." Public and Private Involvement (Section 4.4: Pages 8·9): • "Water resources management requires involvement of the public and private &ector&, cotrunu.n.it.ies and individuals t-hat benefit from the delivery of t.v::i tPr-rP IMPrl services. The uJLimate success and cffc<tivenes!1, of public water resources management projects depend on the people's acceptance and ownership of each project. It i!> i..mporto.nt to delineate the roles and responsibil ities of every one involved in water resources management. The principle lhat community re$0urCes should be managed by the community concerned, along with local government in3titutions unless cl grctltcr nation..,) inkrc5t prc"'ails., t.hould gu ide water resourcg management." • "Public water institutions will, to the extent feasible, use private providers of specific water resources services in carrying out their mandates, giving preference to beneficiary groups and o rganizations". "TI,e management of public water E1chemcs, btlrring mutticipal ochcn, es,. \-.rlth command area up to 5000 ha will be gradually made over to loca 1 and commu,'lity organizations and their O&M will be financed through local resources." • "Public water schemes, barring municipa 1 schemes, with command area of over 5000 ha will be gradually placed under private management, through leasing, concc>Ssion, or management contract under open competitive bidding procedures, or jointly managed by the project implementing agency along with local government and community organizations". 11Qv,,'l'lership of FCD and i='CDT projcct:!i ·wHh comrnand area of 1000 h~ o-r less ,,,rill gradually be transferred to the local governments, beginning with the ones that are being satisfactorily managed and operated by the beneficiary/community VJ 0dl 1i.td lions.,, • "Appropriate public and private institutions will provide information and training to the local community organizations for managing water resources efficiently.'' • "Enabling environment will be created for women to play a key role in local community organi1.ations for managing water resou rces efficiently" Guiddine.s .for Participatory Watcr~·fa11agm1ertt 33 l'ronomic and Financial Management (Section 4.14: Pages 15-16: Annex 2 (Contd.) • "For the foreseeable .future, however, cost recovery for flood control and drainage (FCD) prnjPrts is not envisaged in this policy. ln case of flood control, drainage and irrigation (FCD!) projects, wa tcr rates wil I be charged for O&M as per Government rules," • "Recovery of O&M cosl will, as far as possible, be made thrnugh private collection means, such as, leasing and other financial options. Beneficiaries and other target group:! wiH be given p-rc-ferenc:e for such contracts" • "Water charges realized from beneficiaries for O&M in a project would be retained Joc.:illy for tl •.: p1uvision of ~rvices within th .. '\t project." • "Effective beneficiary participation and commitment to pay for O&M will be reali1,ed at the project identification arn.l plc.1111,ing st,1ge:s by respective public a.gencies." Stakeholder Participation (Section •Ub: Page t8): • "Decisions regarding water resources management c,1n affect nearly every sector of the economy and the public as a whole and stakeholder participation shoulJ i.,e established in a form that elicits d irect input from people at all levels of engagement. Stakeholder involvement should be a11 integral part of water resources management, at all s tages of the project cycle. Towards that objective, there should be a complete reorientation of the institutions for increasing the role o! stakeholdeis and the civil society in decision making and imp1ementation of water projects. The Government has to be al the core of the effort lo help build the local institutions and to impart a precise awareness of the issues ,1nd an unambiguous w1clerstanding of their role in w~tPr management. Similarly, Governn,cnt must lead the effort to ensure greater partidpation of women in this endeavour." • "fJ,e Guidelines for People'::; r"rtic:;ipation (CPP} in \Nater 1/Pvplopment Projects be adhered to as part of project planni1,g by all institutions and ilgcncies involved in public sector managemer\t of water resou.Jces. '' • '·Guidelines for formation o/ water user groups (WUG) and similar community organil.cltion:, will be forrnu1ated." • "Generally, 25 percent of the earthwork of any public water project will be offered to specific target groups or beneficiaries.' 34 Annex 2 (Contd.) • '"All opportunities are explored and efforts undertaken to ensure that the landless aml other d isadvantaged group are directly involved in participatory management ol local water resources." • 'New projects proposed bv a community or a local institution will be considered for implementation on a priority basis only when the beneficiaries have mobili7.ed a certain percentage of the total cost as their contribution to the project." Institulional Policy ( Section S: Page 19-20); ''The Covcnm1cnt will lead the: effort towilrds de,·eloping g.tc1~::, auvl irn,tiluliurn,, iJ1 conjunction with the civil society, for managing water resources at community levels." • "Public water projects will include a training component for lTansfer of knowledge and technology to the m,ers that wiU be monltored by the executing agency at every stage of the project work.·· GitfdtUnrS for Partlcipatorv Water Managtmet1t 35 Annex-3 Circular of the rlanning Couuni,,ion on the Inter-Agency Project Evaluation Committee at the District Level fl ranslated trom Bengali) Government of the People's Republic of Bangladesh Planning Commission No. PD/Cord-3/99/98 Circular Date: 26-01-1999 In pursuance of the provision of the National Water Policy recently approved by the Government> the responsihility nf implementation of Flood Control, DraitUge and Irrigation (FCDI) Project, with command area having- 1000 ha or less has been vested with the local governments. Similarly, the Bangladesh Water Deve-lopment Board (BWDB) will implPmPnt FCDl projects having command area exceed.ins JOOl hn. 2. 13WDB has so long been implementing the FCDI projects throughout the country as a single agency. Duo to delegation of rc,:;pon:;ibility to the l<Xa) govenunents fo1 implementation of FCDI projects having command area tip to 1000 ha, there is a possibility that inter-agency conflicts may arise in some cases. Jn the National Water Policy, lt has been stipu.1i'.ltcd thnt the Government \v~ll evolve mec:'5l1res kn H:::,ululiuu of such inter-agency conflicts. 3. Jn the light of lhe above, the Government h d::; i:::i::,ut:t.l the following guidellnes for implementation C>f FCD! projects ha\'ing command area up to 5000 ha, irrespective of financing by the donors or the Govenm1ent: (a) The Water Resource Planning Organi,ation (WARPO) wiU prepare the macro water sector planning of the country on the basis of hydro-geological regions. The BWDB will prepare sub-regional and local water resource plans within the context of the macro water resource plans. (b) Durmg preparahon ot plans for projects and feasibility studies, the instructions regarding guidelines on project assessment or GPA, guidelines on people's partkipation or GPP, environmental impact assessment or EJA and aU instructions issued by Lhe government from time to tim~ must be followed. (c) As a part of water resource plans and project evaluation, all relevant analytical procedures and evaluation systems, like mathematical and physical modeling analysis for income and expenditure, risk analysis and criteria for altemati ve selection should be applied. C11idi'lbtes for P,1rticipatory Wdter Mflnogeme,it 36 Annex-3 (Co,itd.) 4. ln addition to observance of the above mentioned instructions, to avoid duplication and overlapping, there should be an lnte,- Agency Project Evaluation Committee (IA PEC) in each district to examine and coordinate the use of water resources/programmes at the project formulation stage. The head of the district level officer of the agency concerned, under whose jurisdiction the project will foll, will act as the Convenor of the Committee. Similarly, the Upazila level officer or officer of the nearest unit will be the Member· Secretary. Composi tion of the Cnter Agency Project Evaluation Committee at the Oistric• Level: District level Head of the concerned Agency Representative from the Deputy Commissioner Executive Engineer, LCED Executive Engineer, BWDB Deputy Director, DAE Oisrrict Live Stock Officer Oistrict Fishery Officer District Cooperative Officer Concerned Upazila Level Officer •Executive Engineer (Irrigation), BADC Cha[rman Member Member Member Me1nber Member Mernber Mi::1111.Jt:1 Member-Secretary Meml>er The committee may co-0pt any member from other relevant agency as and when necessary. 5. Alter consideration of all issues indicated at para 3, the district level P roject Evaluation Comm;ttee will pr<>pare u,., Proje<t Proforma (PCP) and submit the same to the appropriate authority. For that purpose, they will regufarly hold meetings and perform their functions. 6. ln case, the district level lnter•agency Project EYaluation Committee fails to reach any consensus on the project proposals, they will refer the matter to the Zona! Chief F.ngineer of BVVDB for final opinion. The Zonal Chit'f Engi.rt~t>r, BWOB will 1~olvt: Lb~ i::,::,Ut: i.11 consultation with the concerned official of the Local Government Engineering Department (LCED)/ conccmed initiating agency. If the Zonal Chief Engineer is u.nable to resolve the issue, he will make a reierence 10 the central coordlnaflon cell as mentioned below. 7. A Central Coordination Cell is constituted as follows to resolve the project proposals which could not be resoh·ed by the d istrict level Cnter-Agency Project Evaluation Committee and the Zonal Chief Engineer, BWDB: Cuidtlints for PartitiptltOT!i Water MM1a.(em,mt 37 Composition of the Central Coordination Cell: Director General, W ARPO Chief Engineer (Planning), BWDB Chief Engineer, LGED Concerned Project Director Representative from the Department of f'isheries Representative from the Deparhnent of 'Environment Representative from DJ\E *Chief Engineer (Irrigation), BADC Convenor Member Member Member Member Member Member Member Annex-3 (Contd.) The Cell may co-opt any member from any other relevant ministry/ agency 8. The Terms of Reference of the Central Coordination Cell will be as follows: a) To review whether the project proposal has any conflicting jurisdiction with the national water resource plans. b) To give decision within two weeks alter receiving the concerned case. The decision of the Central Coordination Cell will be treated as fmal 9. The concerned agency will issue circular for constituting separate district level Committee for evaluation of projects in the context of the guidelines mentioned in this circular tin.d the concerned agencies ,..,,ilJ facilitate these activities by sending their representatives. 10. This order will come into force with immediate ettect and will be ,•ahd until further orders. Guidelines for Participatory Water Mnnageme1Jt By order of the President Sd/ (Abdul Hamid Chowdhury) Secretary Planning Division Ministry of Planning Annex-3 (Contd.) No. PD/Cord-3/99/98/1(80) Date: 26-01-1999 He is requested to nominate representatives to the district level Inter-Agency Project Evaluation Committee and participate in the Central Coordination Cell or nominate appropriate representative to the Central Coordination Cell: 1. Cha irman, Water Development Board, WAPDA Bhaban, Motijheel, Dhaka 2. Director General, Water Resource Planning Organi,:ation, House No. 450, Road No. 31, Dhaka 3. Director General, Deparbnenl of Fisheries, Matshya Bhaban, Ramna, Dhaka 4. 01airman, Bangladesh Fisheries Development Corporation, Motijheet Dhaka 5. Director General, Oeparhnenl of livestock, Farmgate, Dhaka 6. Director General, Department of Agricultural Extension, Farmgate, Dhaka 7. Quef Engineer, Local Government Engineering Deparhnent, Agargaon, Dhaka 8. Director General, Department of Environment, 16/E, Agargaon, Dhaka 9. Divisional Commissioner (All) 10. Deputy Comnussioner (AU) No PD/Cord-3/99/98/1(80) Copy for kind informa lion: I. Member (All), Planning Commission 2. Secretary, Minisb-y nf Agriculture, Banglade,h Sd/ 31-01-1999 (Abdus Sa lam) Assistant Secretary Date: 26-01-1999 3. Secretary, Local Government Division, Ministry of Local Govt., Rural Development & Cooperatives, Bangladesh Secretarial, Dhaka 4. Secretary, Ministry of Fisheries and Livestock, Bangladesh Secretariat, Dhaka 5. Secretary, Mi,ustry of Forest and Enviromnent, Bangladesh Secretarial, Dhaka 6. Secretary. Minisb-y of Water Resources. Bangladesh Secretariat, Dhaka 7. Private Secretary to the Hon'blc State Minister for Plan.ning, Ministry of Planning 8. Private Secretary to the Secretary, Planning Division Sd/ 3H)l-l999 (A bdus Salam) Assistant Secretary Phone: 9117914 • Co-opted through amendment vide Memo No. PD/Cord-3/99/82, Dated 09-05·1999 of the Coordmation Section, Planning Division, Ministry of Planning. C11i1lrJli,,es for Pnrticipo.t<>ry Wnler Mamrgement 39 Annex-4 TERMS AND CONDITIONS OF THE SAMPLE IMPLEMENTATION AGREEMENT Taka 150 Non-judicial Stamp (Duly Registered) ··--···---·· Na me of Project/Sub-project/Scheme Addrps.s: Vi ll•eP: -------····------- Post Office·----­ Upazila: -·---····-··-·---·- District: This implementation agreement, together with the Appendices A, B. C, hereinfafter called the Implementation Agreement, is made on the (date) of (month) • (vear\ of the English era, Between the Implementing Agency Executive Engineer/ on the one part, (hereinafter called .............. ) represented by the ····--·, Division/District And the Water Management Organization (WMO) consisting of Water Management Group (hereinafter called WMG)/Water Management Association (hereinafter called v\'l\,iA)/W;,ter Management Federation (hereinafter called WMF), represented by its Chairperson and Secretary ------------ ........ ---·--·--·---.. ---· .... --.... (Name and Address) on the other part, defines the rights and obligations of both the pa,ties to the Implementation Agreement, WHEREAS the Government of the People's Republic of Bangladesh through the Implementing Agency ( ................ ........................ ) has the mandate, funds, know-how and experience to design and conSb'l..lct infrastructure for water resource development Project/$ub-projcct/D~hcn,c WHEREAS the local stakeholders organized in the WMG/WMA/WMF are interested to ~ooperat~ wil..h lhr lmplt:mt:nli.no Aocrn.:y ( ........................ ) in developing the watE!r resource development Project/Sul>-project/Scheme as per attached design, as explained in detail and agreed upon during a meeting on (date) {month). (vearl. Guidelints for Pnrtlcl'parory Wtlter M,mngemc11t 40 Annex-4 (Contd.) NOW, THEREFORE, the parties to this lmplernentation Agreement agree as follows: 1. Relationship of Pa rties 1.1 TI,~ purposes of thls Agreement are to: • Make the local stakeholders more responsible for construction of Pro1ect/Sub-project/Scheme. • Make the implementing agency more accountable to the local stakeholders for construction of Prnject/Sub-projoct/Scheme. • Ensuxe construction of the Project/Sub-project/Scheme tn time and achieving desired quality. • Involve other relevant actors in helping/assisting the construction work of Project/Sub-project/Scheme. l.2 Both the parties •gree that this agreement will only become effective as of the date on which the full beneficiary contribution of Taka -----·--- (in words). where applicable, has been deposited in thP Rank Acco,u,t of the Implementing Agency ( ............................. ) A/C No. - ------ - , atU1e Branch of the - - ----- Bank. 2. Rights and Responsib ilities of the Implementing Agency 2.1 The lmplPmi:>nting Agency's ( ........................... ........ ) role k; to en.su re thllt all project/sub-project/scheme activities, institutional and technical, arc done in line with agreed procedures. 2.2 J he Implementing Agency ( ............................. ...... ) will play a proactive role and will undertake all necessary steps for the formation o/ local stakeholder groups, with assistance from other community organizations. 2.3 The Implementing Agency ( ..................................... ) will provide training, knowledge and other technical assistance to the groups for their involvement in the Projt."Ct/Sub-Pr<>j~t/Sch~rnt: (,\.,m i<lentificarton to the O&M/evaluatton phases of the project cycle. 2.4 ihe Implementing Agency ( ........ ........................... ) is responsihlP fnr all ~•pects of construction, including quality control of materials and workman.ship, compliance with design parameters and planning schedules. 2.5 The rmplcmenling Age1u:y (. ................... ............... ) w11l organLZe, supervise and pay for the construction of the in/rastruchire to be developed under the Project/Sub-project/Scheme (see Appendix A). C uideli,1r5 for Pt1rli'cipator!( Wati:>r Afanag,·me,rt 41 Annex-4 (Contd .) 2.6 The Implementing Agency ( ................................... ) will issue work orders only after the full beneficiari contributions, wl,ere applicable, has been deposited in the 13ank Ao:ount of the the Implementing Agency( .......... ... ...................... ). 2.7 Aflcr construction, the Implementing Agency ( ................................... ) will undertak<' trial operation and maintenance of U1e Project/Sub-Project/Scheme before handing over of the smne to the Vl''MG/WM.i\/WMF through appropriate mechanism applicable to different sizes of the Project/Sub-project/Scheme. 2.8 The Implementing Agenc)' (. .................................. ) will provide technical guidance and support, such as, annual inspectio,t, identification of annual operation and maintenance needs, a~sislance in plam1ing and implementation etc. \vhen needed. 2.9 The Implementing Agencv (. .................................. )will provide guidance for jhe cap•city building of WMG/WMA/WMP to operate and maintai11 the project in a sustainable way. for tha t purpose, it will provide Lhe 1-\'M(} an Operation and Maintenance Manual Specific to a particular system ,n Bengali including O&l'-'1 plan and formats for monitoring by the WMO. 2.10. Appropriately inYolve the representatives of LG!s, NGOs and Community Self­ help Croups to assist/ facilitate construction '\vork. 2.11 The Implementing Agency ( ................................... ) will promptly attend to complai11ts and suggestions put fon"ard by WMG/WMA/WMF and the representati\·es of the LGls. 2.12 TI1e Implementing AgertC)' ( ................................... ) will have the right to reject any demand or requirement forwarded to the Implementing Agency( .......................... ) whlcll faUs outside its mand,lte. 2.13 The lmplementiJlg Agency ( .................................. ) will involve WMG/WMA/ WMF in respect of monitoring and supervising the quality of construction work of the project/sub-project/scheme. 2.H The Implementing Agency ( ........ ................... ....... . ) will offer 25 percent of the earth work of any public water project/sub-proj"'°t/scheme tu Ute \NMOs whith will actually implement the work through the Labout Contracting Society (LCS). The $ample Agreement as given in Annex-5 wiU be signed for the purpose. 3. Rights and Responsibilities of WMG/WMAM'MF 3.1 The WMG/W\,IA/W}.~F wil l be responsible for c<)llecting the full beneficiary contiibution (see Appendix 8) of Taka ----- (ln words), where applicable, from the beneficia1-ies \See Appendix C) and for depositing it in the appropriate Bank Acco,mt of Executive Engineer/................ ........... of the Implementing Agency ( .......................... ). Guidt!li1te.<o for Participato-ry Water Managem1n1 42 Annex-4 (Contd.) 3.2 The WMG/WMA/~U: will take s teps for the formation of Landless Contracting Societies (LCS), P.mbankment Maintenance Croup (!;MC), Canal Maintenance Group (CMG), which will generally ex~-cute up to 25% of the ea rthwork of the Project/Suh-project/ Scheme. 3.3 The WMG/WMA/WMF will observe all construction activities ancl may repo rt to the w 11c~med offlcer ot the Implementing Agency ( ................... ..... ). It may be about the quality of materials used, wo,·k done and also about Uw progress of work. 3.4 TI1e WMG/WMA/1-\flvlF will constitute a three-member Technical Committee which can act on its hf>h;i lF on technical Jnatters. 3.5 llw WMG/WMA/WMF will get involved in joint rnonagement of the Project/Gub-p, uject/Scheme with the implementing agency during the trial operation and maintenance and take over the responsibWty of management of the Project/Sub-project/Scheme according to appropriate mechanism applicablP to differentsi,,e of Project/Sub-project/Scheme after trial operation. 3.6 Make liaison and m or<li11ation with the reprozcntativcs of the LGls, NGOs and Com.mw,ity Self-help Group in respect of construction work of the Project/Sub­ project/Scheme. 3.7 The WMG/ WMA/WMF will have the 1ight to put ttp suggestion or lodge complaint lo the Implementing Agency concerning the acti vities of the Project/Sul>-Project/Scheme 4. Resolution of Potential Conflicts 4.1 lf either of the parties to this Implementation Agreement believes that the other part}'' does not livP 11p to its ob ligations, then th<: aggrieved pt1r ly w ill: • first try to solve the matter Uuough direct d iscussions with the other party. • lf the matter is not solved through d irect discussions, then the aggrieved ·party will approach the local Upazila Chairman/Member of Parliament to «stablish a small med,atJon committee under the Arbitra tion Act and the matter may be brought to the notice of tl1e implementing agency. 43 Annex•4 (Contd.) • If the matter ,s not solved through the mediation comtn1ttee, then the aggrieved party may seek redress through the judicial system. Signed on behalf of the Implementing Agency Signed on behalf of WMC/WMA/WMF ( ...................... ) Executive EngiJ1eer/ .................................. . o.-.t~· Sub-Divisional Engineer/Upazila En~neer/ ............... .. Date: Witness: Chairperson: Date· Secretarv; Date· l. Representative of LG I ....................................... .. .. (Name and Designation) 2 Representative of NGO/CSHG .............................. .. (Name and Designation) G11idelines for Parltcipatory Wakr .\1anagema1t 44 Appendix-A DETAILS OF PROJECT/SUB-PROJECT/SCHEME INFRASTRUCTURE ~lap Showing: the Location nnd Main Features Derails of the Infra.structure n·t.'lo. r-- Name o~pone~ f--, 'l~Khal-1 t 1 Khal-2 r-· ± - I -=-.~ . Embankmcnt-2 Description J J • E~ . E,;:,bankment- 1 ~ E Structure-I ' Strucmre-2 1 ~- =- j , ...:.1 ---- --=--=- -t- 1 I•--:- --- I ----~---- ---- • :- - --1 ~--... -- :-- ----~ , l F I + i r-r-·---1 1 7 < Guidelint$ for Pnrtit:i-,,atory Watl!r M1U111g,m,,.nt 45 Appendix•B CALCULATION OF BENEFICIARY CONTRIBUTION Cost of Physical Construction: [ I.No. Physical Components Estimated T otal Cost P 2 1~ ~- -- - -~l~Ear~-;; -t"'-h~,-,.-o-,k- i n c-mbankmenl Earth work in canal PX'nwation/ r~ vation, 3 Drainage sluice . -· 4 Fl~:'hing sluice 5 ~ridges 6 Culverts ---+ ' 7 Gated culverts t 8 Irrin-c> tion inlets · ~ 1 i ~ I ·- .. I I .. ... . --- .. I·-·· .. i ... .. I Total= Beneficinry Contribution @ .......... ..... ... % of the Total Cost ~ Estimated Beneficiary Contribution l 1 I I . • .. ' ' I j J ~ 7 ~ I < I --1 4G Appendix-C COPY OF WMG/WMA/WMF ANNUAL GENERAL MEETI NG MINUTES SHOWING WHO WERE ELECTED AS MANAGING COMMJTTEE/EX'ECUTIVE COMMITTEE MEMBERS (As appropriate) Guidelints for Pllrlidpatmy Water i\1.l)migt.'mt11t 47 Annex-5 Terms and Conditions of the Sample Agreement for Construction of Schemes by the Water Management Organization (WMO) through the Labour Contracting Society (LCS) A. General Information: 1. Name of Project/Sub-Project/Scheme .......................................... ............... .................. .... . 2. Address: Village: ................... ... ............... Post Office: ······· ··············· ..... ........ . UpuU,1. ............ ....... .......... ........ Diast: ......... . . .......... ...... .......... ..... . 3. Size: • l 000 ha orless • Upto 5000 ha • Mor" 1han 5000 ha 4. Name ofWMO Formed (WMGIWl'vL,, /WMF): 5. Details of Earthwrok to be lmplemcnted by WM◊ through LCS B. Sample Agreement Between the Implementing Agency ( ................... ) and the Water Management Or ganziation (WMO) This agreement will be signed between the concen,ed implementing agency ( ........... ....... ) ( ,~ Party) and the conccmcd Water Managomem Organization (WM◊) (2'"' Party) for construction of proJect/sub-project/schemc 1luvui;h LCS. Cuiddi11rs {M ParticipatQry Wattl' Mtt»ageme,11 48 Terms and Conditions Ann ex-5 (Contd.) I. The implementing agency ( ........... ......... . ) will ofte,· 81 least 25 percent of the earth work of any public water projcct!sub-proj!.-ct/scheme 10 the WMO for implemt>ntation through LCS. 2. n,e Second Pany (WMO) will Involve the landlt:ss male and female groups of BRDB :md such other groups l<>nncd by NGOs as LCS members and at least, either 30 percent LC'S groups or 30 percent LC.S members will be women. 3. The First Parly (Implementing Agency) will prepare and ha11dover to the Second Pany (WM O) detailed design muJ '-.:V~l csumate of lJle canh work. 4. The First Party (Implementing Agency) will release fund to the Second Pruty (WMO) on the ba~is of estimated cost of corth work. 5. The WMO will open a bank aceount io the name of the WMO to be jom1ly operated by the Chaiffllan and the Se~wt:iry of the \VMO, All p;.1yl'nents tor LCS .ictivitie:) -will lJ4; made from this accoum. 6 . The \\'MO w il I majntain accounts of money received ;1nci imhmit adjustment of the &3me 10 the i lllplemcnting agency. 7. The WMO will refund lhe entire amount advanced ,r the work is not implemented or for mcomplete or unacceptable work. 8. The IVMO will en.~ure completion of work through LCS within the stipulated Lime. 9. For execution of scheme, the designs and speci fication shall be strictly adhered 10. The WMO will ensure d1at quantity and quality of work by LCS are properly mainrnined. Name. Designation and Addre..~~ of the First Pa1ty (lmplementing Agency) Nom~, Dc.sigmi.tion and Add.i .. ::s:-t t..tf the.! Second Pany (WMO) C. Sample Agr~ment Between the Water Management Organization (WMO) and the Labour Contracting Society (LCS) T his agre~ment will be signed b('.'.twecn the concerned \ Vatcr Ma.n!rf..111ent Organization (\ VMO) (I" Party) and the concerned Labour Contrac,ing Society (LCS) (2 Pany) for implementation of earth work of a project/sub•projer.rl-.<'heme. C uidelim:s for Pa,Hr;pntory WMt>,. MnnngNn~nt 49 Annex-5 (Contd.) Terms and Conditions: I. The WMO \vill hand over the design and ~timote ◊f the cnrth work co I.he LCS. 2. The Chainnan and the Secretar) of the WM() will pay the LCS the contractual amount in 3 equal inslallmerns. '11-lt~ riNt in. t~IJment will be paid a!: mobi1iz~tion advance when tho work starL;i;~ T1le ~ec:ond installrncnt will be paid on completion of 50% or tb~ work and the rtrst installmem is adjusted. The third and llual installment will be paid after comple1 ion of \\Ol'k as certified by the co1icemed official of Lhe implem~n1102 ~ee-n<-y 3. TI1e LCS w,ll open a bank account in the name tlfthe society 10 be jointly operated by the Chainnan and the Secretary or the LCS. All payments re.:e,ved from the WMO will be deposited in the account. 4. The Chairman and the Secretary of the WMO will pay tlte LCS by accoum payee cheque and never in cash. 5 The LCS ,viii maintain accounts of money received and $Ubmit adju~lm<:ot of the same to 1hcWMO. 6. The LCS will refund 1he entire amount advanced if the work is 001 implemented or for incomplete OI' unacccptubJc work in J'chuion to any inMalln1eot. The schcduk<l l i m t'. vf completion may be extended by acgotia(ion wi1h 1he LCS by lhe WMO for a maxmmm pnod of 15 days. 7. The LCS will display a si&'11board as per specimen to be , upplied by the WM◊. 8, For execution of schemes. 1hc design and sriecific:11 il'ln~ \\till he drir.tly adhered to. 9. Final paymenl will be made to ll1e LCS by WMO after completion of work to be certified by 11\e concerned 1echnical staff of the implemeotinJ? agency. Signaturc/L TI of ,he Secretary of WMO Signature/ L T I of the Chai1man of WM◊ G,ti,1dfors for ParticipMo,y \Valf'r Management Signa1urc/L TI of Sccrciary of LCS Signcin1re/L T l of Chninnnn of the LCS so Annex-6 Terms and Conditions of the Sample Agreement for Ownership Transfer, Making over of Management, Private Management through Leasing, Concession or Management Contract or Joint Management A. General Information (Applicable to Annex 6/B, 6/C, 6/Dand 6/E) 1. Name of Project/Sub-Project/Scheme ................................... ...... .................. ... . 2. Address: Village: ........... ...................... Post Office: .................. ............ .. . . Upaztla:...... .......................... Dist: ... ......................................... . 3. Size: • 1000 ha or less • Upto 5000 ha • More than 5000 ha 4. Area of Operation: • Numli"r of t;nions • Number of lipazilas • Enclosed Map showin)l; the Area of Operation 5. Details of Physical Infrastructure: • Khal Cotnpvut!nt Number/Length • Embankment • Sluice . • Regulator r.-Bridg e /C ul v e-rt 6. Flood Control Area (ha) 7. Drainaoe Area (ha) B. Irrigation Area (ha) 9. Year of Completion of Construction and Trial Operation: Construction ............... .. 10. Name of WMO Formed (WMG/WMA/WMF): WMG Registered/Un-reg.istered Guid~thres .for Partitiptd'onJ Water Management WMA Registered Trial Operation .. ......... . WMF Registered/Un-reqistered 51 11. Number of General Members: 12. Number of Managing Committee/ExA<:11tn," r.ommittee Members: Annex-6 (Contd.) B. Sample Agreement for Ownership Transfer of Project/Sub­ Project/Scheme of 1000 ha or less to be Managed and Operated by Beneficiary/ Community Organizations B-1. Ownership Transfer: This Agreement wUl be signed between the concerned Implementing Agency (First Party) and the concerned Local Government Institution (Second Party) for transfer of ownership of project/sub-project/scheme of 1000 h" nr less to be managed and operated by the beneficiary/ community organizations. Terms and Condition~: 1. From the date of signing of Lhe agreement, the concerned implementing agency(. .......................... ) will cease to have ownership of the project/sub project/ scheme and the concerned Local Government Institution (Union Parishad/Upazila Parish'1rl/Zila Parishad) will acquire ownership of the Project/Sub-project/Scheme. 2. From the date of ownership transfer, the first pa rty (implementing ngency) will 1101 l<llw any action for signing agreement with the WMG/WMA/WMF for management and operation of the Projcct/Sub­ project/Scheme. :;. Action for transfer of management and operation of such projcct/sub­ project/scheme will be taken by the second party (local government institutions-Union P"rishad/Upazila Parishad/Zilo Purishad) with the concerned WMG/WJvlA/\NMF through separate agreement. 4. The annua l fee received by the Second Party (concerned LCI} from the WMG/WMA/WMP for the Project/Sub-Proiect/Scheme will add to the local resource mobilization of the concerned LGI and it will be used for operation and maintenance and capital replacement of the project/suh­ project/scheme only and it will not ~e used for any other purposes. 5. TI,e First Party (Implementing Agency) will provide technical support /,,ssistance to the Second Party (concerned LGl) in Cd:st: uf m1y problem faced for management and operation of the Project/Sub­ Project/Scherne. Guidelines j(,r J>nrtidpatory Water Mtmngemettl 52 Annex-6 (Contd.) 6. In case of an y conflict, the Pirst Party (Implementing Agency) and the Second Party (Concerned LG() wiU jointly adopt a conflict resolution mechanism through muhlal discus.~ion. Name, Designation and Signature of the First Party (Implementing Agency) Name, Designation and Signature of the Second Po.rty (Concerned LG!) Name, Designation and Signature of the representative of WMO as Witness B-2 Sample Agreement for Management and Operation by Beneficiary/Community Organization: This Agreement wil l be signed by the concerned Local Government Institution (First Party) having ownership of project/ sub-project/ scheme of 1000 ha or less transferred from the lmplementi ng Agency and the concerned water management organization (v\lMO) for management, operation and maintenance uf sud, pwje<:l/ sul>·piujt:cl/ sd 1eme. 1. The concern.ed LG! (First Party) v.'iU retain ownership of the project/sub­ project/ scheme and it will enter into ~greement w ith the Sernrn.l Parly i.t:. concerned WMO (WMG/WMA/WMF) for management and operation of the project/ s ub-projecl/ scheme. 2. Work relating to reconstm ction, rehabilitation or major repair of the p r.ojer.t/ s t1h-prnjPrt /srhPmP w ill hP pPrformPrt hy thv ronr~med T.r.1 (First Party). 3. Wur.k rt:latini:; tu ruuti11e am.I p~riuJi~ mai uk 11a11~~ u f lit~ p1oje:ct/sub· project/scheme will be carried out by the Second Party i.e. concerned WMO (\.\IMG/V>1MA/Yl'MF). Guide lints for Participatory Water Management 53 Annex•6 (Contd.) 4. Work relating to preparation and implementation of agricultural, fishery, environmental and other production plans wiJ.l be performed by the Second Party i.e. concerned WMO(WMG/WMA/WMF) with support from the LGI and the implementing agency as required. 5. The Second Party i.e. concerned WMO ('\NMC/'\NMA/WMF) will collect contribution from the beneficiaries for meeting the related cost of the project/sub-project/scheme and pay to the concerned LCI annual or other fees for local resource mobilization as will be mutually agreed upon by both the parties. 6. The concerned LGI (First Party) will make contribution to the Second Party i.e. WMO (v\~{G/WMA/WMF) for reconstruction, rehabilitation and major repair of any project/sub-project/scheme as will be mutually agreed upon by both the parties. 7. Tn case of any conflict, the First party (Concerned LG[) and the Second Party (Concem(.'<i WMO} will jointly adopt a conflict resolution mechanism through mutual djscussion. Name, Designation and Signature of the First Party (Concerned LGI) Name, Designation and Signature of the Second Party (Concerned WMO) C. Sample Agreement for Making Over of Management of Project/Sub­ Project/Scheme Upto 5000 ha to Local and Commuruty Organizations and their O&M Financed through Local Resources. This agreement will be signed between the Implementing Agency (First Party) a.nu the <:un<:emetl WMO i.e. WMG/VvMA/WMF (&.'<:uud Parly) (u, Project/Sub-Project/Scheme upto 5000 ha the management of which will be made over to local and commuruty organizations. In the absence of WMO in any project/sub-project/scheme, the management may be made over to the LGI and in that case, the agreement will be signed between the implementing agency (First Party) and the LGI (Second Party). Guidelines for Particip4tory WRtcr Manag~mrot 54 Terms and Condition: Annex-6 (Contd.) 1. From the date of signing of the agreement, the Second Party (WMG/WMA/WMF or concerned LGI) will get right for management, operation and maintenance of the Project/Sub-Project/ Scheme. 2. The ownership of the Project/Sub-Project/Scheme will lie with the l'irsl Party (Implementing Agency). 3. The agreement for management, operation and maintenance of the Project/Sub-Project/Scheme will be signed by the First Party (. ................ ) and the Second Party {WMG/WMA/WMF or LGI) for such period to be mutually agreed upon by both the parties. 4 Through the Agreement, the Second Party (Concerned WMG/WMA/WMF or LGI) will obtain right to management, operation and maintenance of the Project/Sub-Project/Scheme. 5. The First Party (the Implementing Agency) will provide technical assistance to the Second Party (Concerned WMG/WMA/WMF or LC.l) for management, operation and maintenance of the Project/Sub­ Project/Scheme as and when required. 6. The Second Party (Concerned WMG/WMA/ WMF or LGl) will be responsible for day-to-day management, operation and maintenance of the Project/Sub-l'roject/Scheme. 7. The Second Party (Concerned WMG/WMA/WMF or T .GI) will transplant trees and grass on the embankment/road and repair the project/ embankment/ road regularly every year through a separate agreement with the first Party (the lmpleuu,11li11g Agency) and the benefits of plantation may be distributed as per the provisions of the Agreement. 8. The Second Party (concerned WMG/WMA/WMF or LGI) will have the right for fishing activities within the project/sub-prnjPrt/scheme area through separate agreement and the fishing community, if any, will be given preference for this purpose. GuideUJtes for Participatory Water ,'\<fanagtmnt 'ii Annex-6 (Contd.) 9. The Second Party (Concerned Vl'tv{G/Wtv1A/WMF or l.,(;l) will repatr the sluice gate, regulator, fall board etc., apply grease to regulator/sluice, replace nut, bolt, paint gate, rPmnve silt from the floor of regulator, replace blocks every year before the monsoon season as per requirement. 10. The Second Party (Concerned WMG/WMA/WlvtF or LGI) will re­ excavate the bed of the drainage/conservation khals as per necessity and remove the water hyacinth and other vegetation from the khal in due time. H. During pre-monsoon, 111u11soon and late monsoon, the Second Party (Concerned WMG/WMA/WMF or LG[) will observe whether the regulator/sluice gate is opened or closed as per water requirement of various crops on different lands at various elevations. 12. TI,e l"irst Party (the Implementing Agency) will observe and jointly inspect with the Second Party (Concerned WMG/ WMA/WMF or LG!) to the actual operation of the regulator/sluice gate. 13. The First Party (the Implementing Agency) will look into the mnn"'gcmcnt of the project/sub-proje>ct/ sch<>mP hy the Second Party (Concerned WMG/WMA/ WMF or LGI) to re11der necessary technical advice/ assistance. 14. The Second Party (Concerned WMG/WMA/ WMF or lGI) will prepare yearly budget and rais<> funds through subscription at a rate/bigha or acre frorn the benefitted fam,ers and also from other beneficiaries at rates fixed by the WMO and will maintain the fund according to the by­ Iaws/procedu.re:;. 15. For performance of the above mentioned activities, the Second Party (Concerned WMG/WMA/WMF or LG!) wilJ obtain technical assistance/support from the First Party (the Lmplementing Agency). 16. For violation of any/ all terms and conditions mentioned above, the agreement may be terminated by mutual consent of both the parties. C1,1iJ,.linP.,: far Participatory Water Ma11agem,.,,t 56 Annex~6 (Contd.) 17. In case of any conflict, the First Party (Implementing Agency) and the Second Party (Concerned WMO or LGI) will jointly adopt a conflict resolution mechanism through mutual discussion. Name, Designation and Signature of the First Party (Implementing Agency) Name, Designation and Signature of the Second Party (Concerned WMO or LG I) D. Sample Agreement for Private Management of Project/Sub• Project/Scheme over 5000 ha through Leasing, Concession or Management Contract under Open Competitive Bidding Procedures The agreement will be signed between the Implementing Agency (First Party) and Lhe P1ivalt: Eulily (Scwml P«rly) iur private 111<1m1ge11umt uf Prujt;!<.:t/Sub­ Project/Scheme over 5000 ha through leasing, concession or management contract under open competitivv hirlcling prO<'Prl11rex;. Terms and Conditions: (The detailed Terms and Conditions of the Agreements, particularly for concession and management contract, may be formula ted by the Implementing Agency with assistance from the legal expert) l. The Implementing Agency (First Party) will retain ownership of the Project /Sub-Project/Scheme and it wi ll enter into agreement with the private entity (Second Party) through leasing, concession or managem<:!nt contract under open competitive bidding procedures for management, operation and maintenance of the Project/Sub-Project/Scheme. 2. The priva te entity (Second Party) wiU obtain right of management, operation and maintenance of the Project/Sub-Project/Scheme through this agreement of leasing, concession or management contract with the lmplcmenling Agency (First Party) under open competitive bidding procedures. Guideline.,; fer Participatory Water Mtmagemtnt 57 Annex-6 (Contd.) 3. The agreement for lease, concession or management contract will be signed by the Implementing Agency (First Party) and the private entity (Second Party) for a period from 3 (three) to 5 (five) years. 4. The lmplementing Agency (First Party) as the Lease, Concession or Management Contract awarding authority for the Project /Sub­ Project/Scheme will follow all th<! procedures for caUing of open tender, eva luation of offers by the tender committee and award of lease, concession or managemf'nt rnntract, ns applicable. 5, The Second Party (Private Entity) will pay to the Implementing Agency (Fir~t Party) fees for leasing, concession or management contract as fixed/stipulated. 6. The Second Party (Private Entity) will manage, operate and maintain the Project/Sub-Project/Scheme and in doing so, it will maintain close lia ison and coordination with the locul stakeholdcrs/beneficiari.,s/PAPs of the project/ sub-project/ scheme. 7. The Second Party (Private Entity) will transplant trees and grass on the embankrnent/road and repair the project embankment/road regularly every year and for that purpo~t', it will engage the rural poor/destitute women from runong the local stakeholdcrs/beneficiaries/PAPs. 8. Th"' 5"wnd Party (Private Entity) will repair the sluice gate, regulator, fall board etc., apply grease to regulator /sluice, replace nut, bolt, paint gate, remove silt from the floor of regulator, replace blocks every year befor<' the monsoon season as per requirement. 9. The Second porty (Private Entity) will ,c-tcxcc1vate the bed of the drainage/conservation khal as per necessity and remove the water hyacinth and other vegetation from the kha l in due time. 10. During the pre-monsoon, monsoon and late monsoon, the Second party (Private Entity) will observe whi>ther the regulator/ sluice gate is opened or closed as per water requirement of various crops on different lands at various elevation. Cuilielinn for Particl1uHUnJ Water Mn1tage,,rent 58 Annex-6 (Contd.) 11. The Second Party (Private Entity) will prepare yearly budget and raise funds through subscription at a rate per bigha or acre from the beneficiaries. 12. The Second Party (Private Entity) will not do anything which will change the physical facilities/ charac-teristks of thP prnjP,t/ snh-project/ scheme and it will also not do anything agai.n,;t the interest of the local stakeholders/beneficiaries/P APs of the project/sub-project/scheme. 13. For performance of the above mentioned activities, the Second Party (Private Entity) will obtain technical assistance/support from the first Party (Implementing Agency) and the First Party will have the right to look into the management of the project/sub-project / scheme by the Second Party. 14. For violation of any/all tetms and conditions mentioned above, the lease, concession or management contract may be terminated by mutual consent of both the parties. 15. In case of any conflict, the First Party (Implementing Agency) and the Second Party (Private Entity) will jointly adopt a conflict resolution mechanism through mutual discussion. N•me, Designation and Signature of the First Party (lmplomenting Agency) Kame, Designation and Signature of the Second Party (Private Entity) E. Sample Agreement for Joint Management of Project / Sub-Project / Scheme over 5000 ha by the Implementing Agency along the Local Government Institution and the Community Organization This Agreement will be signed among the Jmplementing Agency (l'irst Party), Local Government Institution (Second Party) and WMG/WMA/WMF (Third party) for Joint Management of Project/Sub-Project/Scheme. 59 Terms and Conditions: Annex-6 (Contd.) 1. The Implementing Agency (First Party) wiU retain ownersnip of the Project/Sub-Project/Scheme and will enter into agreement with the T.oc~I Government Institution (Second Party) and the WMF/WMA/WMF (Third Party) for management, operation and maintenance of the same. 2. Through this Agreement, the responsibilities of the Implementing Agency (First Party), concerned LGI (Second Party) and concerned WMG/WMA/WMF (Third Party) will be stipulated for management, operation and maintenance of the Project/Sub-project/Scheme. 3. The First Party (Implementing Agen~-y) will involve the Third Party (WMG/WMA/WMF) in 25 percent earth work of project/sub­ project/scheme to be carried out by LCS as per the relevant procedru~ given in Annex 5. 4. The operation of main/major hydraulic structure of the project/sub­ project/ scheme will be done jointly by all thP pnrtiPs. 5. The Implementing Agency (First Party) will arrange for reconstruction and rehabilitation of infrastn,ctural facilities, repair of the major flood damaged worl.<, repair and maintenance of main/ major hydraulic <.trnr-tures and major periodic ,naintenance of the e1nbankment and main/secondary canal of the project/sub-project/scheme. 6. The Local Government Institution (Second Party) will arrange for routine/annual repair and maintenance of the medium hydraulic ,:;tructurcs, main embankment and tartinry canal oi the project/sub­ project/scheme. 7. The Wlv!G/\IVMA/WMF (Third Party) will arrange for preventive maintenance of the infrastructural facilities except main/major hydraulic structures and prevcnhve maintenance ot minor structure/field channel/canal and secondary embankment of the Project/Sub­ project/Scheme. Guidelints for l'articiJUltory lVht,., A1,:m"8"'m,,it 60 Annex-6 (Contd.) R. ThP hnplemi,nting Agency (First Party) will provide technical ossislance t,, the Local Government Institutions (Second Party) and the WMG/WMA/WMf (Third Party) for managen1ent, operation and 111aintenance of the Project/Sub-Project/Scheme. 9. The Local C.nvPrnment Institution (Second Party) and the concerned WMG/WMA/WMF (Third Party) will carry out their respective responsibilities for proper and smooth management, operation and ma.intena.i ""' uf the project/ sub-project/ scheme. 10. All parties will jointly prepare annu.1I management, operation a.nd production plans suitable to the stakeholders of the project/sub­ project/scheme. ll. AJJ parties wi.lJ be responsible to arrange/mobilize required O&M fund armr<ling to their respective share for proper management of the project/sub- project/ scheme. 12. The Third Party (WMG/\'\'MA/WMF) and the Second Party (LGis) will carryout plantation work within the project/sub-project/scheme and share the hPnPfits of plantation as mutually agrred upon. 13. The Third Party (WMG/WMA/WMF) will carryout fishery activities within the project/sub-project/scheme and the fishermen community, if any, will be given preference. 14. The duration of the joint management agreement will be from 3 (three) years to 5 (five) years. 15. For viola~ion of any/ all terms and conditions by any party as mentioned above, the joint monogement agreement may I,., t«rminated through. mutual consent of aU parties concerned. 16. The general demarcation of operation and maintenance responsibilities among the WMG/WMA/WMF (Third Party), the LGI (Second Party) and the implementing agency (First Party) will hP ,,. fnllows: 61 Op eration Responsibility: Annex-6 (Contd.) Implementing Agency l I (Fii,it Party) r--= . LGI (S.Cond Party) =---i Take part in the operation of • ma.in ~lru«:h1rl;'S in. discussion '-'-'ith 1• And 3.J Party ~ pet operation plao. WMG/WMA/WMF (Third Party) I • Opera.hem of mam/m.'tjor • (controlling structures of pro;ectl hydrtulic ,:tructur0$ in discussion wilh 21111 & 3d Party as per operatioo plan. • Observe and Inspect Observe and inspc-ct operational procedur~. Take part to the operational requirtmcn.t of main hydra• uli,: :,tn.icturc, wi1h ]" and 2•4 Patty. operational procedure of Medium H;•dt4'oulic Structures with 2".t and 31\'1 Party and provide technical advice for prop~ operation. process and necessity for operation o{ all Medium and I Minor H}•draul)(' Structures , • and advice for proper operation to JN Party. Operation of all medium and minor structurts as per requirement o! stake holde,s. To develop operation plan a~ p.-r l'i''}Uirf'm~nt nf stakeholder... Maintenance Res£?nsibility ~-·= -.---.= --:: Implementing Agency LGl (Second Partv) WMG/WMA/WMF (First Party) --~ (Third Party) • Routine/ A.Mual Mainttrnmce • Routine/ Annual R~afr and • Pce,1enfr.•e Ma-m7tena~-nc e 7 of the Mam/Ma.ior Hyctrauhc Maintenance of the Medium (back filling) of the Medium Structures. Hydraulic Stnicture,; and Minor Hydraulic • Periodk maintenaru:~ (after 3 including NplacemeJ\I of faU• Stru-c-tures, Bridge, Culvert to4vears)c,ftheMain boards. Embankment, Main and Routine/ Annual Repair and Secondary Channels / C'.ana.Js. t,..tamtenan<e of Main Flood E:me.rge1\C}' {M~jor) E-mb,,nkmcnt, Secondary artd wor P... T~11il1ry Chiumc.ls/ Canalc; Repair of the Mar,,r Flood Participation In ma.jot flood Damage work. cm~t!ncy work und('rtaken • Re-construction and Re- by I" Party habilitation of infrastructures. • Repair of 1'..tinor f lood • Major Erosion PrQtection D,,mage WQrk. Woric. • Medium £rosion Prott-ctlon Work. etr Preventive MaintenM~ of the Main Embankment and Secondary Embankment Roubne/ AnnuaJ Maintenance (desalting) of Field Channels., Drains etc. • Clearing weeds, Obstades from Secondary and Tertiary Channels, C.u.aJs. Ot alru. etc, L Painting of Cates of Medium Structures Regular gn-tuin5 of Cate:,.. J Annual painting and minor repair of Minor Gates and re lacement of fall board, 17. In case of any conflict, the First Party (Implementing Agency), the Second Party (LG!) and the Third Party (WMO) will jointly adopt a conflict resolution mechanism through mutual discussion. Name, Designation and Signature of the First Party (lnipl. Aeency) Name, Designation and Signature of the Second Party (LGI) Name, Designation and Signature of the Third Party (WMO) ()2 1. SAMPLE BYE LAW OF A REGISTERED WATER MANAGEMENT ORGANIZATION Annex~7 Name of the Water Management Organization: ...................... ..... ............... ........... . (WMG/WMA/WMF) 2. Address: Village: .. .... ................................. ........... Post Office: .................................................... . Upazila: .......... ......... .............................. ... District: .................. .................................... . 3. Name of the J:'roject/Sub-Project/Scheme: .................................................................. . .. ................... ... ................................................. .... ......... ............................ ............................ . 4. Area of Operation of th.e Project/Sub-Project/Scheme: ............................................ . .. ............................................ ... ................................ .......................................................... ... . • Number of Households: • Numbt::r uf .Pcirn~/Village:;; • Number of Unions: • Number of Upazilas: • Map showing the Area ot lnftuence 5. Legal Status: The WMO is registered under the Cooperative Societies OrdinancP, 1984 and the Cooperative Societies Rules, 1987. It is a body corporate with perpetual succession and a common seal and with power to hold property, to enter into conttacts, to institute and defend suits ancl othM l•gol proceedings and to do all things necessary for the purposes for whlch it was constituted. 6. Objective,: TI>e broad vl,jt:<:Lives of WMO will be as follows: • P,oper management and use of water of the Project/Sub-project/Scheme through Joint efforts of the members. • Increase of agricuHural/fishery productions and stimulate other related productive activities. • Prepare operation and maintenance plans and environmental management plan of the Project/ Sub-project/Scheme and implement the same. Gu1ddines for Participt'd()ry \.Valer MAt1ag.-me11t 63 Annex-7 (Contd.) • ArrangP IN~I rP~ourrP mohili1ation for contrihufion to ron.strurtion, operntion and maintenance activities of the Project/Sub-project/Scheme. • C-.arry out other general functions a~ a cooperative society for ,.velfare of its members. 7 . General Body: The fi.nal -'Uthority of VvlvfO wjll vest in the geniPr;i1 hnrly of members. Women and men belonging to the families of farmers, fishermen, small traders, craftsmen, boatmen, aquaculturist, landless people, destitute women and PAP will be the genoral membors of the WMO of ptoject/sub-project/schom<>. No person shall be eligible for membership of a WMO unless such person: • Has attained 18 years of age. • Resides in the influence area of the Project/Sub-project/Scheme. • Has deposited in the sav ings a<.-count opened with th~ Wl\1O <Ut amounl equivalent to the paid up value of at least one share. Provided that the p rovisions of clause concerning age wil I not apply in the case of a person below the age of 18 years whose legal guardian stands surety and takes full responsibility on his behalf till such person attains his majority, to be a member of the WMO. No person, who signs lhe application for registration of a WMO, will be eligible for membership unless such person, within two months from the date of registn1tion of the society, purchases at least one share. Those who will be enrolled as members will: • Pay Tk. 10/- as admission fee • Purchase at least one share • Sign the member's register • Pay saving as per rate 8. Withdrawal, Removal or Expulsion of Member: A member of the WMO may, if he is not indebted to the WMO or is not surety, withdraw from the WMO after giving one month's notice in writing to lhe Secretary. A member may be removed or expelled from lhe \"/MO only for such causes and in accordance with such procedure as may be provided in the bye-Jaws whid1 may include the following: Cuidelilles for Participatory Water Management 64 • If he intentionally violates the provisions of Act, Rule and Bye-law • tf he act:sagt.u..nS-t the inte,estof WMO • lf he will fully fail to repay the due of WMO • If he fails to carryout the decision/ order of the general meeting Annex-7 (Contd.) Provided that no action will be taken against any member without giving hlm an opportunity to be heard. 9. Amendment of Bye-laws: After the bye-laws have i>een registered, the WMO may a1nend them but no ~uchamend ment shall be made save in accordance ,-..,itha resolution passed at a general meeting: Provided that no such resolution will be valid unless il is passed by two-thirds of the members present in the general meeting. 10. Managing Committee: The management of the VI/MO will vest in a managing committee constituted by the general members of the WMO. The members of the managing committee wiU be elected by direct election in a general meeting. The term of a managing committee will be two years commencing from the date it holds its first meeting after its constitution; and it will stand dissolved upon lhe expiry of its term. The managing committee of the WMO will consist of twelve members as indicated below: • Chairman • Vice-chairman 1 • St:ut::tcuy 1 • Joint Secretary I • Treasurer/ Cashier 1 • Member 4 • Member (Special representation of landless, 3 fisherman, destitute woma.n) The managing committee will include at least30 percent women representatives. The managing committee will within seven days from the date of the announcement of the election results, hold its first meeting. Guidelines for Participatory Water M<1n,w;.-rnc,it 65 Annet•7 (Contd) The managing committee of the W1-.10 will di,ide the area of operation of the WMO into as many a reas as there arc number of members of the Managing Committee excluding the Chairman, Vice-<hainnan, Secretary, Joint Secrelilry and Treasurer. One member from each area will hP Ptected by the elisiblc memb.e, • of that area. The Chairman, V,ce Ch~irman, Secretary •nd tile Joint Secretary will be elected by all the eligible members of the WMO. 11. Procedures for Election of the Managing Committee: T'he Managing Committee will, al least thirty days before the expi ry of its tPrm. appoint an £1cction Com11u1t~-.e consisting of three member< including a Chairman from amongst 1he members of the WMO and such number of Polling Officers as may be necessary lo conduct the clPCtion. An individual membl'r of the WMO w,11 nol I><' eligible for being elected as office bearer or member of the managing committee, if such member • I~ not a f)Prm:,n.ent rc~ident of the ttre.:'I of u~crarion of the Wl\1U; • Is less than twenty-one years of age; • Has been a member of the WMO for less than twelve months proceeding the dote of dcctiuu. • Has bc,m convicted for a criminal offence in\'0lving moral turpitude, sentenced to imprisonment fa, a term of not less than two yea« • Is a defaulter lo the WMO in re~pect of paymcnl of loan, advances, price of goods or any other kind of dues or in.stallmmt thereof repayable b) rum to the society; • Hos been adjudged by a competent court to be insolvent or of unsound mind; 17,e managing committee will pm" ide the Ek'Ction Committee with the area-wise member<' list containing the names of the members eligible to vote, ballot paper,,, ballot boxes and seals for smooth conduct of the poll. A general member will be entitled h) vote for the mcmbe,s and office-bearers of the managing committee of the W\10. On completion of the pull, the Election Comrruttee will open the ballot box / tx»es and count the ballot papers. On completion of count of the v.ilid votes ca,ted, the chairman of the EIMlion Committee will declare the <dndida1e securing the rughest vote as elected and he will ,ubmit the election result to the Chairman of the WMO duly signed by the members ol lhe Election Committee. The dc><:ision of the Election Commince in respect of el<'<'Mn of membem/ offic~ 1,e.,,., s u( the managmg committee will be final. Cuidtlinn for Pilrticip•tt>nJ \\otn :.\l•lf•gnnmr 66 12. The First Managi ng Committee: The First Managing Committee consisting of the Chairman, Vice-chalrm~n ru,d Members c1s u c11ut.'U in the bye Laws or in the application for registration of a WMO will continue for 2 years. The election of member~ of the ma11<1i;ini5 committee will be held w1Uun two years from the date of its registration. 13. rowers or U,e Managing Committee: The managing committee of a WMO will exercise a II or any of the following powers: • Admit new members and to fine, suspend., remove or expel existing members • Raise funds • Invest funds Appoint salaried or non-salaried officers and employees fo.r smooth conduct of the business of the WMO and to define their duties. 14. Duties of the Managing Committee: The managing committee will perform the following duties, namely • Receive and disburse money • Maintain accounts of money received and expended and accounts of the assets and liabilities; • Prepare for submission to the a1111ual general meeting An annual report on the working of the \NMO A11 <1w1ual sratemem of accounts wluch shall include cash accOlmt, balance sheet, profit and loss acc0tmt and profit and loss appropriation account • Prepare the statement ot accounts required at and to place them before the auditors; • Prepare and submit all statements and returns required by the Registrar in such forms as he may direct; • Enter accounts of the WMO regularly and punctually in proper books; • Maintain a register of members up-to-da te: • Facilitate the inspection of books by those entitled to in,pect them; • Convene general meeting; • Convene the ann11::il gPneraJ meeting in due time • Watch that the loans and advances are applied to the purposes for which they are made and that they are punctually repaid; • Rxamine and take prompt ~ction in cases of alJ c1u~iu:, "rn.l d~fault ln repayment of loans and advance; • Perform such other duties as may be entrust('d to it by the general meeting. 67 Annex-7 (Contd.) 15. CaJ1cellation of Membership of the Managing Committee: A member of tl\e managing comulittee w.ill i::~d~t! Lv hokl office • If he is not eligible to become a member of the manuging committees • If he resigM his office; or • If he dies 16. Removal ot the Elected Members of the Managing Committee: The elected members of the managing committee of a WMO may be removed from his office by a resolution of a general meeting spe<:ially convened for the purpose. The managing committee may remove any of its member who fails to attend six consecutive meetings of the managing committee wiU,out previous permission of the chairman obtained in writing 17. General Meetings: A general meeting, annual general meeting or special general meeting sha II be convened by the managing committee or under its direction by the secretary. A notice of the meeting stating generally the place, date and hour of the meeting together with a statement of business to be transacted at it will be sent to every member seven clear days before the date of the meeting. Annual general meeting of every WMO ¾i ll be called for the purposes of: • Considering the audit report • Approving the budget of the society for the next cooperative year • Considering th~ annual st~tement of account!; • Considering any other important matter The Chairman, or in hfo abzcncc, the vice-che.jrman will preside O\ e 1 tl 1c gcrn.:ral utf!eting of a WMO. In the absence of the chainnan and the vice chairman, the members present will elect one from amongst themselves to be the chairman of the meeting. The quorum for general meeting will be one fourth of the total number of members enrolled. The WMO will cause minutes of proceedings of general meetings to be entered in a book kept for that purpose. A resolution which is put to the vote of a general meeting will be decided on a show of hands. C1tidelines (or Pnrticipatory Water ManagP.m~-n, 68 Annex-7 (Contd,) 18. Meeting of the Managing Comn,i ttee: The managing committee will meet for the transaction of the busmess of the WMO at least once in every two months in the case of WMF and at least once in every month in the case of WMG/WMA. Every resolution at a meeting of the managing committee will be decided by a majority of votes and if the votes be equal, the chairman shall have a second or casting vote. If any member of the managing committee wants any subject to be discussed in a meeting of the committee and if he notifies the same to the Secretary before U,e issue of the notice of the meeting, the subject will be included in the agenda and discussed i" the meeting. TI1e chairman of U1e WMO will preside over all meetings of the managing committee at whjch he is present and in the absence of the:- chairman, tht? vice-<:hairmnn w ill pre.sid~ ove, the meeting and in the absence of both the chairman and the vice-chairman, the members present will elect one from among their number to be the chairman of li,e meeting. The guorum at a meeting of the managing committee will be one ha 1f of the total number of members and no busin~i; will be transacted at :my n,eeting in whidt thf:!re is no quorum. Any four memh,>r:s may p<,t up requisition for • opecial ,.,ceting of the managing committee by giving .i- least seven clear days notice I<) the chairman and the chairman wi ll forthwith cause to issue a notice of such requisitioned. The requisition will specify the objects of the meeting and will be signed by the requisitionists. At such special meeting, no business other than that specified in U,e notice will be transacted. 19. fund: The WMO will have authorized share capital and savings deposits at prescribed rates. TI1e funds of WMO will consist, inter-alia, of • Reserve fund • Operaton and Maintenance (O&M) fund The O&M fund will consist of: • Contribu lion from the beneficiaries • Water d1arges from the beneficiaries • Portion of profit of WM.O 69 20. Maintenance of Accounts: The WMO will keep a regular account of: Annex-7 (Contd.) • All sums of money received and expended by the WMO and of the matters in respect ol which the receipt or expehditu.re takes place. • All sales and p11rchas,,s of gewls by the WMO • The assets and Liabilities of the WMO 21. Books :ind Registers: The- WMO will maintain !it.tch boo)(.5 ..1nd registers ns may be necessary for the proper conduct of its business and will, in particular, maintain corrected up to date -· • A register of members and their nominees in the prescribed form • A register of members of the managing committee • A minute book and • Such other books and registers, and in such form, as prescribed 22. Annual Returns: The WMO will send the following to the Registrar at the close of each cooperative year ,.,;thin one month: • A cash account • A balance sheet • A profit and loss account and • A profit and loss appropriate account 23. Copy of Ordinance, etc. to be Open to Inspection: ThP WMO will keep ~tits official address of the following: • A copy of thP Otciir1;'tnCP • A copy of the rules • A copy of the bye-laws of the WMO • A register of members and • Sud, other documents as may be prescribed 24. Nature of Audit; Th-, WMO will arrange audlt of accounts and it will include the following: • a verification of the cash balance and securities; • a verification of the balance at Uw credit of the depositors and creditors and of the amounts due from the debtors of the WMO • a valuation of the assets and liabilities of the WMO • an examination of the transactions, including the monetary transactions of the WMO Cuidelittes for Participatory Water Managenumt 70 • an examination of the statement of accounts to be prepared by the managing committee • a c-,1 1ifirntion of the realised protits and • any other matter that may be prescribed. 25. Water Chatge l'ayable by Members and Non-members: Where in any area, irrigation water is supplied by gra,itation from any sou rce or by lowlift pump or tube well, managed or maintained by the WMO, the WMO may levy on the usPrs of such wa ter, whether members of the WMO or not, a water charge at such rate determined by the Registrar or a1\y person authorised by him in this behalf by special order in writing. 26. Embankment Protection Charge Payable by Members and Non-members: A WMO, an object of which is the provision of embankment protedion facilities to the lands of its members, may in tJ,e prescribed form apply to the Th?puty Commissioner for demarcation of the area protected by any embankment; and such area wiU be termed as the protected area. If the lands possessed by the members of the W.\1O comprise not less tl,an sixty per cent of the lands included in the p,Merted arna, the WMO rn«y levy an .,11 ,tnmkment protection charge upon any non-member of the WMO possessing land within such area. 27. Levy of Water and l'mhankment Rate, The WMO may levy a water rate or embankment protection rate, based on such percentage of the value of estimated produce of the land be notified; or such fixed rate per bigha calculated so as to cover within a specified period a ll costs incurred toi;ethcr with the intere,1 l] ,.,reon for the provision ot irrigation facilities or embankment protection as the managing committee, with approval of the Registrar, may determine. 28. Settlement of Disputes: Any dispute touching the business or affairs of the WMO will be referred to the Registrar of cooperative societies. On receipt oJ such a reference for settlement of disputes, the Registrar will: • Oecid" th" dispute himself or • Refer it for disposal to one or more arbitrators to be appointed by the Registrar 29. Winding Up and Dissolution: The Registrar may, by an order in writing, direct that the WMO will be wow,d up . . Guldelh,rs for Participatory Wattr Ma,iagemtnf 71 Sampl~ Bye•Ldw for Un-registered Waler M a.nage1nenl 01-gaoizalion 1. Name of Project/Sub-Project/Scheme: ...................................................... ................. . 2. Name of WMO (WMGIWMA/WMF): ........................................ ... ... ......... ...... ........... . 3. Address: Village: P.O ................................................ . Upazila, Dist: ......... .................................. . 4. Aims and Objectives: • Manage, OJX>rate and maintain the Project/Sul>-Project/Scheme • Maintain liaison with the Implementing Agency, other concerned Public Sector Agencies, Local Government Institutions, Non-Government Organi?.ation and Community Self-help Groups. • Plan and coordinate the activities of the Local Stakeholders. • Nfohili7.P lnr,;il r~tHlfCP5 for contrib1.1tion tnw;irds rnn.::.tn1rtion,. npPn,rinn and n,aintenance costs. 5. Ge"eral Mt!mbetsliip: Open to all farmers/fishermen/boatmen, small traders, carftsmen, Jondle::;$ people, dcGtitutc women or .:my other mcmbcr of the community within the project area who are influenced ditectly or indirectly by the scheme and shall be treated as the general members of W.MO. 6. Executive Committee: ·mere shall be an Executive Committee (EC) to mMage the affairs of the WMO. The EC will consist of the following 11 meml>ers: • Chairman l • Vice Chairman • Secretary • Joinl Secretary 1 • Treasu.rer/Cashier l • MPmhPr '.\ • Member (Special representation) 3 Guidelines for Parricipaton1 Water Managemtlfl 72 Annex~ (Contd.) At least one member from ench of the ft1llowing groups must b<• included in the Exe­ cutive Committ<'<?; • I ~,nd lcss (lr-s~ than 0.5 ~re-) • Fbh~rmen (if an) frshini:; ta~ place n the project .1rea) • 1J1:i.t1tu~ women The EiCC\lttve Commitkc will include J.l lca ... t 30 percent women rcprc~nt11tivt',.;, 7. Power and Functions of EC: • 'The l'C sh.111 be entitled to take all relev,mt me.1su.rc, to ach,e,-., the goals ol the WMO • The EC shall keep carefu l watch over the functioning of the scheme. • II shall inspcct/vi<it the scheme on a rel,'•la r bas,s and iden tify problem~ rela ted to c mba.n kmcnt/khol/ slukc ck. • It shall estimate costs of repair and maintenance on the basis of the problems identified or anticipat.,d and raise fund, and organize voluntary labour from thP bcncfidaric:!'o lo t.drrr out the work.. • It shall establish principles (schedules) of operation of the sluice gate (if any within the project) to give maximum advantage to the farmt>r,,. • fl shall w1dcrtake a pla11tation programme on the side slopes of embankmenh and explore the possibility for the development of fisheries" ithin the project area. • It shall nom,nate/wlect one sluice operat<,r from within the FC o, ~•n•r~I members, If required. • 11 sh31l try to m1nimi1c any negative affects of th~ scheme partietdarly on lhe small /ma rginal farmers 3nd fishermen. • It shall maintain liaison with the Implementing Agencies, Local Government Institutions und NGOs and others. 8. Election Procedures: • EC members will h,:, olact(.'d or t:.clci.tcd frorn tht! gc11t-r .. ll members. • Term of office of the EC shall be 2 years • January J to °'-"-"mbcr 31 shall be treated as a year for the purpose of the committee. • Members or EC will be elected/selected in lhe general meeting through ,·oting either by raising hand. or secret ballots. • At least 50"\, of the beneficiaries must attend the AGM for a ,·abd selection of committee In be m~de. Cuidthncs Jor Parl1t1p'6loty Wattr Manqr,nmt 73 l Annex-8 (Contd.) ~- Cancellation of Membership: An EC men1bcr wil1 loose his membership, if: • I-le remains absenl from tJiree consecutive meetings of the EC without giving satisfactoiy reasons; • llc work!i ag.::iinsl the p1vvj:;ion of bye-laws and/oras involved in any ac-tivity conh·ary lo the intcres!S of the genera I members. 10. Dulies/R.,,.punsibil lly of EC: A. Chairman • He will act as the head of the Executive Committee. • I le will preside over all the meetings (EC meeting, general meetings etc.). He will be rnlilleu h, s,mction/allocate a maximum amount ot TkS00/- to meet any emergency work for maintenance or operation. B. Vice-Cllairman • In absence of the Chairman, ,,et as Cha irman • At:sif;t the Chairman in di.schafgi110 ltl::./ht?r duties • Perform other duties assigned by the Chairman or the Executive Committee ( EC) C. Secretary • All ,~i;;,tcrs, records and documents of the committee shal I be wtder his care and supervision. • He will organize meetings of the committee/council as per instruction of the Chairman, records minutes of such meetings and get tJ,em approved. • He will prepare an annual report of activities, obtain approval by EC and pr=nt it in the Altnual General Meeting (AGM) for everybody's satisfaction. • He ca n hold a maximumamolmtof Tk. 200/- with him to meet emergency expenditure of the conunittee and obtain approval in the following EC meeting. D. Joint Secretary • Jn absence of U,e Secretary, act as Secretary • Assist the Secretary in discharging his duties • Assist lhe Secretary in maintenance of records. documents an<i preparation of proceedings of the meeting. • Perform o ther duties as assigned by the EC, the Chairman and /or the Secretary. Guideline.,;; /or ParticipMQry Water M11n~gemettt 74 E. Treasurer/Cashier Annex~s (Contd.) • He will be the cuf;todlnn of alJ funds of lht: (.;U1Ju1tittee and shall rema111 responsible for maintaining of proper accounts. • He wiU disburse funds to concerned members as per decision of the EC for necessa ry actio.n. F. Other EC Members They will attend meetings of tl1e EC and help in taking decisions. They will also perform various functions as decided/allocated by the Chairman and the Secretary or the EC. 11. Rules Governing Meetings of EC: • The EC shall meet at least oncP in a month. • The Secrntary shall decide date, times and agenda oi the meeting in consultation with the Chairman and serve the notice at least 3 days ahead of the meeting. • PrAAPnce of one thi.rd of th.e members shaU be h·e(1leJ .:s~ c1 quon1m for an EC 1neeting. • The Secretary in consultation with the O1airman can convene emergency meetings at short notice. 12. Rules of General Meeting: • The Annual General Meeting (A(;M) will t,., held at latest by 0c><cmbcr every year. • The EC shall determine the date of AGJvl • Notice of AGM has to be served at least 15 days ahead of tlw meeting for general information. 13. Proceeding of Meetings: • Confirma tion/ approval of minute,; of previous meetings; • Presentat.ion of annual report by the Secretary (for AGM) • Presentation of the accounts of income and expenditu re. These shall be duly audited accounffi hy r.om)-"letent auditors for the ACM 14. Procedure of Requisition Meeting: The Chairman of the committee will be compelled to hold a requisition meeting if so desired by a written petition duly signed by a majoritv of the general members. in the event of willful negligence of duties by thP EC or its <>ff;a, boarers, harmful activities by the EC and the like. Decisions, 01\ the issues raised in such meetings will be taken by the vote of the genernl members. Hc)lding of such a meeting will require at least 3 days notice. 75 Annex-8 (Contd.) 15. Source of Funds for O&M of Schemes: • Contribution of general members • Assistance from the Local Government Institutions. • Assistance from the Implementing Agencies. 16. Security of Funds and Disbursement Procedure: • 17,e Treasurer/Cashier wlll disburse funds as per decision of the EC. • All funds raised in the name of the committee shall be deposited in an approved bank. The account will be opened in the name of the scheme and be operated under the joint sii,,nature of two of the Chairman, Secretary and the Treasurer. 17. Audit of Accounts: Accounts of the committee shall be audited at least once in a year by a competent :iuditor to be nominate-d/;1ppointP<i hy thP El 18. Transfer of Responsibility: The outgoing EC shall transfer /handover its responsibility to the new executive committee within 15 days of its (new EC) formation/election. 76