Government Regulation No. 20/2006 on Irrigation

3A IRRIGATION (Government Regulation No. 20/2006 dated May 3D, 2006) BY GRACE OF GODTHE ALMIGH1l' THE PRESIDENT OFTHE REPUBLIC OF INDONESIA, Considering: That in order to implement the provision in Ar ticle 41 of Law No. 7/2004 on Water Resource, it is nec essary to stipulate a government regulation on irriga tion; In view of: 1. Article 5 paragraph (2) of the Constitution of 1945; 2. Law No. 7/2004 on Water Resource (Statute Book of 2004 No. 32, Supplement to Statute BookNo. 4377); DECIDES: • ,;' To stipulate: , THE GOVERNMENT REGULATION ON IRRIGATION CHAPTER I GENERAL PROVISION Article 1 Referred to in this government regulation as: 1. Water is all kinds of water found in, on and below land surface, including surface water, rain water and sea-water on the mainland. 2. Water Source is a natural and/or artificial place or facility of water in, above and belowthe land sur face. 3. Irrigation is an effort to provide, regulate and dis pose irrigation water for supporting agriculture with the kinds consisting of surface irrigation, swamp irri gation, under-ground water irrlqatlon, pump irriga tion and.pond irrigation. 4•. Irrigation System covers irrigation infrastructure, ir rigation water, irrigation rnanaqement, institutional affairs of irrigation management and human re sources. Bustness News 7394-7395/2-8-2006 5. Provisionof Irrigation Water is stipulation of the vol ume of water per unit of time, which is allocated from a water source to an irrigation area on the ba sis of the time, quantity, and quality in accordance with the need for supporting agricultural and other purposes. 6. Regulation of Irrigation Water is an activity, cover ing division, provision and utilization of irrigation water. 7. Division of Irrigation Water is an actiVity to share water in a distributing structure in primary and/or secondary networks. 8. Provision of Irrigation Water is an.activity to channel water in a specified volume from primary or second ary network to tertiary cluster. 9. Utilization of Irrigation Water is an actiVity to utilize water from a tertiary cluster to water agricultural land if necessary. lO.Disposal of Irrigation Water, hereinafter called drain age is the channeling of the excess ofwater no longer used in a certain irrigation area. 11.Irrigation Area is an unit of land obtaining water from an irrigation network. 12.Irrigation Network is channel, structure and comple mentary structures being an integrated unit needed for provision, division, channeling, utilization and dis posal of irrigation water. 13.Primary Irrigation Network is part of irrigation net work consisting of the main structure, main/primary channel, disposal channel, distributing structure, ab sorbing dlstrlbutlnq-structure, absorbing structure, and complementary structures. 14.Secondary Irrigation Network is a part of irrigation network consisting of secondary channel, disposal channel ..•.•. 4A channel, distributing structure, absorbing distribut ing-structure, absorbing structure, and complemen tarv structures. 1S.Groundwater Basin is an area restricted by hydro geological border, wherein all hvdro-qeoloqlcal events, such as affixation, channeling and release of groundwater take place. i6.Groundwater Irrigation Network is an irrigation net work whose water comes from groundwater, start ing from wells and pump installations to groundwa ter irrigation network, including structures inside it. 17.Groundwater Irrigation Channel is part of ground- . water irrigation network starting after pump struc ture as far as the watered land. is.Rural Irrigation Network is irrigation network built and managed by rural communities or rural governments. ,. ~ .' '19.Tertiary Irrigation Network is an irrigation network functioning as irrigation-water service infrastructure in tertiary cluster, consisting of tertiary channel, quar ter channel and disposal channel, tertiary box, quar ter box as well as complementary structures. 20.Farmer Community is a group of communities en gaged in the agricultural sector, covering farmers already joining in organization of groups of farmers using water and other farmers not yet joining in or ganization of groups of farmers using water. 21.Group of Farmers Using Water is irrigation manage ment institution becoming a forum offarmers using water in an irrigation sphere, established by the farm ers democratically, including local irrigation manage ment institutions. 22.central Government, hereinafter called the govern ment is the President of the Republic of Indonesia holding the executive power of the Republic of Indo nesia as meant in the Constitution of 1945; 23.Provincial Governments are governors and other pro vincial apparatuses as the executive of regional ad Business News 7394-7395/2-8-2006 ministration. 24.Regental/Municipal Governments are regents/may ors and other regental/municipal apparatuses as the executive of regional administration. 25.Water Utility Right to Irrigation is a right to obtain and use or manage water from water source for ag ricultural interests. 26.Right To Use Water for Irrigation is a 'right to obtain and use water from water source for aqrlcultural in terests. 27.Right To Manage Water for Irrigation is a right to obtain and exploit water from water source for in terests of agricultural business. 2a.Regental/Municipal Irrigation Commission is an in stitution of coordination and communications be tween representatives of regental/municipal govern ments, representatives of farmers using water in the irrigation area level and representatives of users of irrigation network in regencies/cities. 29.Provincial Irrigation Commission is an institution of coordination and communications between represen tatives of provlncial government, representatives of farmers using water in the irrigation area level, rep resentatives of usersof irrigation network in the prov ince and representatives of the regental/municipal irrigation commissions concerned. 30.Inter-provin~ial Irrigation Commission is an institu tion of coordination and communications between representatives of regental/municipal governments concerned, representatives of provincialirrigation com missions concerned, representativesof groupsof farm ers using water and representatives of usersof irriga~ tion network in an inter-provincial irrigation area. 31.Minister is the Minister in charge of water resource affairs. 32.Service is a provincial or regental/municipal govern ment institution in charge of irrigation affairs. 33. Development ..•... 33.Development of Irrigation Network is the building of new irrigation networks and/or enhancement of the existing irrigation networks. 34.Building of Irrigation Network is all activities of pro vision of irrigation network in certain regions not yet having irrigation network. 35.Enhancement of Irrigation Network is an activity to enhance the function and condition of the existing irrigation networks or an activity to add the size of sphere of service in the existing irrigation networks by considering changes in environmental condition of irrigation area. 36.Management of Irrigation Network is an activity cov ering operation, maintenance and rehabilitation of irrigation network in an irrigation area. 37.0peration of Irrigation Network is effort to regulate irrigation water and disposal, including the opening and closing of door of irrigation structure, formula tion of planting plan, system of category, water divi sion plan, calibration of door/structure, collection of data, monitoring and evaluation. 38.Maintenance of Irrigation Network is an effort to maintain and safeguard irrigation network so as to remain able to function properly for ensuring the smooth operation and maintaining their conservation. 39.Rehabilitation of Irrigation Network is an activity to improve irrigation network for returning the function and service of irrigation to the original condition. 40.Management of Irrigation Assets is a structured man agement processfor the planning of maintenance and funding of irrigation system to achieve the stipulated and sustainable service standard for users of irriga tionwater and usersof irrigation networks at the most efficient costof management of irrigation assets. Article 2 (l)Irrigation functions to support productivity of farm business for increasing the production of agriculture in the framework of ensuring the national food secu Business News 7394-7395/2-8-2006 5A rity and enhancing welfare of people, mainly farm ers, which is realized through the sustainability of irrigation system. (2) The sustainability of the irrigation system as meant in paragraph (1) is realized by the development and management of irrigation system. Article 3 (l)The sustainability of the irrigation system as meant in Article 2 paragraph (2) is determined by: a. reliability of irrigation water realized through the building of adequate reservoir, square reservoir, darn, embankment, pump and drainage networks, control over water quality as well as utilizing back drainage water; b. reliability of irrigation infrastructure realized through activities of enhancement and manage ment of irrigation networks, covering operation, maintenance and rehabilitation of irrigation net works in irrigation areas; c. the rising income of farmer community from farm business, realized through activities of develop ment and management of irrigation system en couraging integritY to diversification and modern ization of farm business. (2) The activities as meant in paragraph (1) are realized in accordance with the norms, standards, gUidelines and manuals stipulated by the Minister. CHAPTER II DEVELOPMENT AND MANAGEMENT OF ·IRRIGATION SYSTEM Article 4 (1)The development and management of irrigation sys tem aim at realizing the benefit of water in the agri~ culture sector.. (2)The development and management of irrigation sys tem as meant in paragraph (1). is participatory, inte grated, environmentally friendly, transparent, ac countable and just. (3) The development and management of irrigation as meant in paragraph (2) is realized in all irrigation areas. Article ..... 6A Article 5 The development and management of irriga tion system realized by the government, provincial gov ernments or regental/municipal governments involve all stakeholders by prioritizing interests and role of farmer community. Article 6 The development and management of irriga tion system realized by business entities, social agen cies or individuals are realized by observing interests of surrounding communities and encouraging the role of farmer community. Article 7 (1)The development and management of irrigation sys tem are realized by enhancing the efficiency in the use of water resources, based on the integrated link age of rain water, surface water to groundwater with the main priority being the enhancement in the effl . ciency of the use of surface water. (2)The development and management of irrigation sys , tem as meant in paragraph (1) are realized by a prin ciple of one irrigation system for one development and management unit, by observing interests of us ers of irrigation water and users of irrigation net works in the upstream, middle and downstream ar eas harmoniously. Article 8 Guidelines on the participatory development of man agement of irrigation system are stipulated by a regu lation of the Minister after coordinating the institu tions concerned. CHAPTER III IRRIGATION MANAGEMENT INSTITUTION Article 9 (l)ln order to ensure the orderly management of irri gation networks built by the government,' irrigation management institutions are established. (2)The irrigation management institutions as meant in paragraph (1) cover government institution in charge of irrigation affairs, groups of farmers using water and irrigation commissions. BusinessNews 7394-7395/2-8-2006 Article 10 (1) Farmers Using Water are obliged to set up groups of farmers using water democratically in every sphere of service/tertiary cluster or village. (2)The group of farmers using water as meant in para graph (1) can set up a federation of groups of farm ers using water insecondary sphere of service/block, combination of several secondary blocks or an irri gation area. (3)The groups of farmers using water as meant in para graph (2) can set up the principal of groups of farm ers using water in primary sphere of service/bloc, combination of primary blocks or an irrigation area. Article 11 (1)10 order to ensure the integrated management of irrigation system, irrigation commission is established in every province and regency/city. (2) In an inter-provincial irrigation system, inter-provin cial irrigation commission can be established. } (3)10 a multi-purpose irrigation system, coordination forum-of irrigation area can be established. Article 12 (l)RegentaI!Municipal Irrigation Commissions are es tablished by regents/mayors. (2)Members of the irrigation commissions as meant in paragraph (1) consist of representatives of regental! municipal governments and non-government repre sentatives, covering representatives of groups of farmers using water and/or representatives of groups of users of irrigation networks by a principle of pro portional membership and representation. (3)The regental/municipal"irrigation commissions help regents/mayors with the tasks as follows: a. formulating policies to maintain and enhance con dition and function of irrigation; b. formulating planting patterns and plans in irriga tion area in regencies/cities; c. formulating annual plan for provision of irrigation water; d. formulating ..... I f 7A d. ~ormulating annual plan for division and provi slon of irrigation water for agricultural and other purposes; e. recommending priorities ofallocation of irrigation management fund; and f. giving recommendations about license to change function of irrigated land. Article 13 (1) Provincial Irrigation Commissions are established by governors. (2)Members of the irrigation commissions as meant in paragraph (1) consist of representatives ofregental/ municipal governments concerned, representatives of groups of farmers using water, representatives of the provincial government and representatives of groups of users ofirrigation networks by a principle of proportional membership and representation. (3)The provincial irrigation commissions help governors with the tasksas follows: a. formulating policiesto maintain and enhance con dition and function of irrigation; b. formulating annual plan for provision of irrigation water; c•. formulating annual plan for, division and provi sion of irrigation water for agricultural and other purposes; d. recommending priorities ofallocation of irrigation management fund. Article 14 (l)Inter-Provincial Irrigation Commissions are estab lished by the governors concerned. (2) Members of the irrigation commissions as meant in paragraph (1) consist of representatives of regental/ municipal governments concerned, representatives of groups of farmers using water, representatives of the provincial governmentsconcernedandrepresen tatives of groups of users of irrigation networks in an inter-provincial irrigation area by a principle of proportional membership and representation. (3)The inter-provincial irrigation commissions help gov ernors with the tasks as follows: Business News 7394-7395/2-8-2006 a. formulating policiesto maintain and enhancecon dition and function ofirrigationi b. formulating annual plan for provision of irrigation water; c. fbrmulating arlnual plan for division and provl sion of irrigation water for agricultural and other purposes; . .. d. recommendinQ.priorities ofaUocation ~firrigation managementfuncl in inter-provincial irrigation area. Article 1S· (1)The organizatiomllstrllctures, \fIJorkirig arranqements andmernberShip··of theirrig~tionc;ornmissionsare stipulated·bygovernorsan'c:I/orfegenfs/rnayors in .accordanc:ewithlheirrespeCtivesC;opes of author ity; (2) The organizational structures,working arrangements and membership of lnter-provmdal irrigation com missions are stipulated by joint decision of the gov ernors concerned. (3)Guidelineson the provincial, inter-provincial, re gental/municipal irrigation commissions and coordi nation forum of irrigation areas are stipulated by a regulation ofthe Minister after coordinating with the Minister ofHome Affairs. CHAPTER IV AUTHORITY AND RESPONSIBIUTY Article 16• .. .The-authorityend.responslbility.ot, the govern ment in the lmplernentetlon of public.administration af fairsln the irrigation-system development and manage ment field cover: a. stipulating national policies on the development and managementofirrigation system; b. stipulating status of irrigation area already built by involving regional governments concerned; c. developing primary andsecondary irrigation system lnlnter-provlnclal i~rigation erea.Jnter-stete irriga-' . tion area and national.strategic irrigation area; d. managing primary and secorJdary irrigation systems in an irrigation area having aslze of.over 3,000hect ares or In inter-provincial.irrigCltionarea, inter-state irrigation area and national strategic irrigation area; e, facilitating ..... 8A e. facilitating the settlement of inter-provincial disputes in the development and management of irrigation system; f. stipulating norms, standards, criteria and gUidelines on the development and management of· irrigation system; g. maintaining effectiveness, effidencyandgrder in the lmplementatlon of the development of primary and secondary irrigation systems in inter-provincial irri gation area, inter-state irrigation area and national strategic irrigation area; h. maintaining effectiveness, efficiency and order in the implementation of the development of primary and secondary irrigation systems in irrigation ,area hav ing a size of over 3,000 hectares or in inter-provin cial irrigation area, inter-state irrigation area and national strategic irrigation area; i. giving technical recommendations to regElntal/mu nicipal governments about the use and exploitation of groundwater for irrigation, which is taken from ,'; inter-provincial groundwater basin and inter-state groundwater basin; j. I giving technical assistance in the development and management of irrigation system to provlnclal and regental/municipal governments; k. providinq assistance to farmer communities in the development and management of irrigation systems becoming responsibility of the farmer community at their request on the basis of the principle of inde pendence; and I. issuing license to build,' utilize, change and/or re move irrigation structures and/or channels in primary and secondary irrigation networks in inter-provincial irrigation area, inter-state irrigation area and national strategic irrigation area. (2)The Minister stipulates the status of irrigation area as meant in paragraph (1) letter b. Article 17 The authority and responsibility of provincial governments in the implementation of public adminis tration affairs in the irrigation-system development and management field cover: a. stipulating provincial policies on the development and management of irrigation system; Business News 7394-7395/2-8-2006 b. developing primary and secondary irrigation system ip, inter-regental/municipal irrigation area; c. managing primary and secondary irrigation systems in an irrigation area haying asize of l,OOOpectares up to 3,000 hectares orin inter-regental/municipal irrigation area; ,.... , . d. giving technical recommendations to regental/mu nicipal governments about the use and exploitation of grouQdwatElr fClr)rrigtltion,whi~~ iStcl~en from lnter-reqental/rnunlclpal groundwater basin Jor .lrri gation; e. facilitating thesettlernentofinter-regentaljmunici-: pal disputes in the.development and management pf irrigation system; f. maintaining effectlveness.efflclencv and order-in the implementation of: the developmentof primary and secondaryirrigation systems 'in '·inter.,re~ental/mu­ niclpal irrigation area; ., .': g.. maintaining effectiveness, efficiency and order in the implementation of the development of primary and secondary irrigation systems :ill irrigation area hav ing a sizeof 1,000 hectares upto 3,000 hectares or in inter-regental/municipal irrigation area; h. providing technical assistance in the development and management of irrigation system for regental/mu nicipal governments; . ..... . i. providing assistance tofarmer communities in the development and management of irrigation systems becoming responsibility of thefarmercommunity at their request on the basis of the principle of inde pendence; " j. establishing provincial irrigation commission; . k. together with provincial· governT11ents ~oncerned, being able to establish tnter-provlnclal irrigation com mission; l. issuingUcense to build, utilize, change .and/or re move irrigation structures and/or channels in primary and secondary irrigation networks in inter-regental/ municipal irrigation area. Article 18 The authority and responsibility of regental/mu nicipal governments in the implementation of public ad ministration affairs in the irrigation-system devel~pment and management field cover: a. stipulating ...•. 9A a. stipulating regental/municipal policies on the develop ment and management of irrigation system on the basisof the national and provincial policies onthe de velopmentand management ofirrigation system by observing interests of surrounding regencies/cities; b. developing primary and secondary irrigation system in irrigation area in a province: c. managing primary and secondary irrigation systems in an irrigation area in a regency/city with a size of less than 1,000 hectares; d. issuing license to use and exploit groundwater in the relevant regency/city for the need of irrigation; e. maintaining effectiveness, efficiency and order in the implementation of the development of primary and secondary irrigation systems in thewhole irrigation area in a regency/city; f. maintaining effectiveness, efficiency and order in the implementation of the development of primary and secondary irrigation systems in irrigation area in a regency/city, having a size of less than 1,000 hect ares; g. facilitating the settlement of disputes between inter irrigation areas in a regency/city over the develop ment and management of irrigation system; h. providing assistance to farmer communities in the development and management of irrigation systems becoming responsibility of the farmer community at their request on the basis of the principle of inde pendence; i. establishing regental/municipatir~jgation commission; j. empowering groups of farmers using water; k. issuing license to build, utilize, change and/or re move irrigation structures and/or channels in primary and secondary irrigation networks in aregency/city. Article 19 Authority and responsibility of rural governments . or mentioned in other names cover: a. enhancing and managing irrigation systems built by rural governments; b. maintaining effectiveness, efficiency and order in the realization of enhancement of lrrlqatlonsystems in irrigation area, which are built by rural governments; and c. maintaining effectiveness, efficiency and order in the . . management of irrigation systems in irrigation area built by rural governments. Business News 7394-7395/2-8-2006 Article 20 Rights and responsibility Of farmer communi ties in the development and management of irrigation system cover: • a. developing and manCigingtertiary irrigation systems; b. maintaini~g effectiveness,efficiemcy andorder in the implementation of development andmanagement of tertiary irrigation systems becoming their responsi bility; and . c. approving the develoPIll~nt,utilizatio'r\, change and/ or removal of irrjgati()n~trud:uresand/or channels in tertiary irrigation netWorks ob the basis of partici patory approach. Article 21 Thegovernme~t,'provincialgovernmentsand/ or regental/mynicipal governmentscan cooperate in the development and managementofprimary and second ary irrigation networks on the basis of agreement in accordance with legislation. Article 22 Part of the authority of the government in the implementation of public administration affairs in the development and management of irrigation system as meant in Articles 16, 17 and 18 can be executed by provincial governments, regental/municipal governments or rural governments in accordance with legislation. Artide23 (l)Inthe case of aprovinciaLgovernment being not yet able to implement part of.the .authorltyas meant in Article 17 letters band c/the ,provincial government can give up the authority. to the. government in ac cordance with legislation. (2)The authority, which can be given up, as meant in paragraph (1) only covers the realization of the de ~elopmenti enhancement orrehabilitationof irriga tion system. (3)The delegation of part of the authority as meant in paragraph (1) is realized on the.basisof proposal for ~elegationfromthe provincial government to the gov ernment, accompanied by reasons covering techni cal and/or financial inability. (4) The ...... lOA (4)The government evaluates the proposal of delega tion as meant in paragraph (3). (S)Based on the evaluation as meant in' paragraph (4), the government can stipulate to accept partly or wholly the delegation of authority ofthe provincial government. (6)The government and the provincial government make an agreement on delegation of authority of the pro vincial government to the government. Artide 24 (1)ln the case of a regental/municipal government be ing not yet able to implement part of the authority as meant in Article 17 letters band c, the regental/ municipal government can give up the authority to the provincial government in accordance with legis lation. (2)The authority, which can be given up, as meant in paragraph (1) only covers the realization of the de velopment, enhancement or rehabilitation of irriga tion system. (3)The delegation of part of the authority as meant in paragraph (1) is realized on the basis of proposal for delegation from the regental/municipal government to the provincial government, accompanied by rea sons covering technical and/or financial inability. (4)The government evaluates the proposal of delega tion asmeant in paragraph (3). (S)Based on the evaluation as meant in paragraph (4), the provlnclal government can stlpulate to accept partly or wholly the delegation of authority of the regental/municipal government. (6)ln the case of the provincial government accepting the proposal of delegation as meant in paragraph (5), the provincial governmentand regental/munici pal government make an agreement on delegation of part of authority of the regental/municipal gov ernment to the provincial government. Business News 7394-7395/2-8-2006 (7)In the case of the provincial government not accept ing the proposal ofdelegation as meant inparagraph (5), the provincial government passes on the pro posal of delegation of authority, which, is not ac cepted, to the government. (8)Based on the proposal of delegation of authority as meant in paragraph {l),the government, provlnclal government and regental/municipal government make an agreement on delegation.of authority of the regental/municipal government to the govern ment. Article 25 The implementation of part of authority to de velop and manage irrigation system by the provincial and/or regental/municipal governments asmeant in Ar- , tides 17 and 18 is taken overby the superior govern ment in the case of: a. provincial' or regental/municipal governments not implementing part of authority to develop and man age irrigation system thus being potential to endan ger public interests; and/or b. inter-provincial or inter-regental/municipal dispute arising. CHAPTER V PARTICIPATION OF FARMER COMMUNTIY IN THE DEVELOPMENT AND MANAGEMENT OF IRRIGATION SYSTEM , Article 26 (1) Participation of farmer 'communities in thedevelop . ment and management'of'irrigationsystem is real ized as from initlal'thinklng,decision making and implementation ofactivities in the development, en hancement/.operation, maintenance and rehabilita tion. . (2) The participation of farmer communities asmeant in paragraph(l) can be realized in the form of contri buttons ,of thoughts, ideas, time, energy, materials andfund. (3) The partldpatlon.of farmercommunlnes asmeant in paraqraph (1) is re~liz:edindiViduaIlY or through groups of farmers using water; (4) The ..... llA (4)The participation of farmer communities as meant in paragraph (1) is based on willingness and capability of farmer communities as well as spirits of partner ship and independence. (5)The participation of farmer communities as meant in paragraph (1) can be channeled through groups of farmers using water in their working areas. Article 27 The government, provincial governments or regentalf municipal governments in accordance with their respec tive scopesofauthority encourage participation of farmer communities in the development and management of irrigation system to enhance of sense of belonging and responsibility for the sustainability of irrigation system. CHAPTER VI EMPOWERMENT Article 28 (1) Regentalfmunicipal governments empower groups of fa rmers using water. (2) Regental/municipal governments stipulate strategies and programs for the empowerment of groups of farmer using water as meant in paragraph (1) on the basis of regental/municipal policies in 'the devel opment and management of irrigation system. (3) Provincial governments provide technical assistance for regentalfmunicipal governments In-the empow erment of groups of farmers using wateraswell as in the development and rnanaqernent of irrigation system on the basis of the need of regental/munici pal governments. (4)The government provides technical asslstaace for regental/municipal governments in executing the provision as meant in paragraph (1). (5)The government provides technical assistance for provincial governments in executing theprovlslon as meant in paragraph (3). (6)The government, provincial governments and re gentalfmunicipal governments can provide assistance for groups of farmers using water in realizing the Business News 7394-7395/2-8-2006 empowerment. (7) Further provisions on the empowerment of irrigation management institutions are regulated in a regula- , tion of the Minister after coordinating with the Minis ter of Home Affairs and minister in charge of agricul tural affairs. Article ,29 The government, provincial governments or re gental/municipaLgovernments in accordance with their respective scopes of authority: a. counsel and disseminate irrigation technology result ing from the research and development to farmer communities; . b. encourage farmer communities to apply appropriate :. '.. . technology in accordance with the need, resource and local wisdom; ". c. facilitate and enhance the implementation of tech . .', ," nology research and development in the irrigation field; and d. facilitate the protection of rights of innovators and technology findings in the irrigation field in accor dance with legislation. CHAPTER VII MANAGEMENT OF IRRIGATION WATER Part One Recognition to Communal Right Article 30 The government, provincial governments or re gental/municipal governments in accordance with their respective scopes of autho~itY in' the management of waterresource recoqnlze local ccmrnunalrlqhtsand simi lar rights related to the use otwater and water source for irrigation to the extent of the need, as long as they do not contravene national interests and ,legislation. Part Two Water Utility Right To Irrigation Article 31 (l)Water utility right to irrigation constitutes water right to use water for irrigation and right to manage wa ter for irrigation. (2)The right to use water for irrigation is granted to smallholder agriculture. (3) The .•... 12A (3)The right to manage water for irrigation is granted to the need of exploitation in the agricultural sector. Article 32 (l)Developers planning to build new irrigation system, or enhance the existing irrigation system must sub mit application for principal license to allocate water to the Minister, governors, or regents/mayors in ac cordance with their respective scopes of authority. (2)Minister, governors or regents/mayors can approve or turn down the application for principal. license to allocate water as meant in paragraph (1) to devel opments on the basis of results of assessment by observing the availability of water, the need of wa ter for irrigation, environmental aspect and other interests. (3) In the case of the application for principal license to allocate water as meant in paragraph (~) belnq ap .,;,proved, developers can realize the building of new lrrlqation system or enhancement of the existing ir :rigation system. . (4)The principal license to allocate water is stipulated to become a right to ~se water for irrigation by the Minister, governors or regents/mayors in accordance with their respective scopes of authority by observ ing availability of water, the need of water for irriga tion, environmental aspect and other interests on the basis of request from: a. groups of farmers using water, in the case of irri gation networks being already built completely by the government or by groups of farmers using water; b. business entities, social agencies or individuals, in the case of irrigation networks being already built completely. Article 33 (1) Rightto use water for irrigation is granted to farmer communities through groups of farmers using water and smallholder agriCUlture located in the existing irrigation system obtained without license. (2)The right to use water for irrigation as meant in para Business News 7394-7395/2-8-2006 graph (1) is granted to every irrigation area in the ~ntake door in the main structure. (3) The right to use water for irrigation as meant in para graph (1) IS granted in the form of a decision from minister, governors or regentS/mayors in accordance with their respectivesc:opes ofauthority, accompa nied by detailsofllst'ofprilllary clusters, secondary clusters, and tertiary clusters obtaining water. (4) Right to use water for irrigation for smallholder agri culture in thel1€W irrigation syst~rn and enhanced irrigation.Systemis granted to farmer communities through groups of farmers using water on the basis of application for license to utilize waterfor irrigation. (5) The right to use water for irrigation as meant in para graph (4) is granted inevery irrigation area in the [ntake door in the main structure. (6) The right to use water for irrigation as meant in para graph (4) is granted in the form of a decision from the. minister; governors .or.regentsjmayorsin accor dance with1:heir respective scopes of authority,ac companied by details of Jistof primary clusters. sec ondary clusters, and tertiary clusters obtaining wa ter. (7) Right to use water for irrigation is granted in an lrrl qatlonsystern in accordance with the size of the uti lized irrigation area. (8)Right to use water for irrigatipn is evaluated every 5 (five) years by the minister, governors or regents/ mayors in accordance with their respective scopes of authority,.toreview the, conformance of rightto use wate r.for irrlqatlon to the use of water and avail ability of water in the source. (9) Results of the evaluation as meant in paragraph (1) are usedbythe Minister, governors or regents/may ors as the basis for continuing, adjusting or revoking right to use water for irrigation. Article 34 (1) Right to manage water for irrigation is granted to business .•... I I I ~ I 13A business entities, social agencies or individuals on the basis of license. (2)The right to manage water for irrigation as meant in paragraph (1) is granted in.the form of a decision by the Minister, governors and regents/mayors in ac cordance with their respective scopes of authority in the management of water resource on the basis of application for licenseto manage water for irrigation. (3)The approval of the application as meant in para graph (2) is given selectively by prioritizing continu ously to the use of water for the fulfillment of daily necessity and irrigation of smallholder agriculture. (4)The right to manage water for irrigation as meant in paragraph (1) is given to certain sphere of service in the intake door in the main structure. (S)The right to manage water for irrigation as meant in paragraph (4) is given to certain sphere of service for 10 (ten) years at the maximum and can be ex tended. (6)The right to manage water for irrigation is evaluated every 5 (five) years by the Minister, governors and regents/mayors in accordance with their respective scopes of authority to review the conformance of right to manage water for irrigation to the use of water and availability of water in the source. (7)Results of the evaluation as meant in paragraph (6) are used by the Minister, governors or regents/may ors as the basisfor continuing, adjusting or revoking right to manage water for irrigation. Article 35 Further provisions on procedures for granting license to obtain right to use water for irrigation are regulated by a regulation of the Minister. Part Three Provision of Irrigation Water Article 36 (l)Provision of irrigation water aims at supporting the productivity of land in the framework of increasing agricultural production maximally. Business News 7394-7395/2-8-2006 (2) In certain cases, the provision of irrigation water as meant in paragraph (1) can be given in a certain limit for fulfilling other need. (3) Provision of irrigation water as meant in paragraph (1) is planned on the basis of the estimated avail ability of water in so~rce and used as the basis for formulation of planting plan. (4)In the case of provision of irrigation water as meant in paragraph (1), the government, provincial gov ernments or regental/municipal governments in ac cordance with their respective scopes of authority strive to: a. optimize the utilization of irrigation water in irri gation area or inter-irrigation area. b. Maintain the reliability of availability of irrigation water as well as control and improve the quality of irrigation water in the framework of provision of irrigation water. Article 37 (1)The planting plan as meant in Article 36 paragraph (3) is formulated by regental/municipal service or provincial service in accordance with their respec ~ive scopes of authority on the basis of recommen ~ation from groups of farmers using water. (2)The formulation of planting plan in irrigation area becomes authority of the government, except inter provincial irrigation area wherein the authority is del egated to governors. (3)The planting plan in inter-provincial irrigation area is formulated jointly by provincial serviceconcerned and deliberated through inter-provincial irrigation com mission. (4)The planting plan in all irrigation areas located in a regency/city, either formulated by regental/munici pal service and provinclal service is deliberated and agreed in regental/municipal irrigation commission as well as stipulated by regents/mayors. (5) Further provisions on provision of irrigation water for the formulation of planting plan are regulated by a regulation ..... I ~: f: 14A .a regulation of the Minister after coordinating the minister in charge of agricultural affairs. Article 38 (l)Provision of irrigation water as meant in Article 36 is formulated in annual plan for provision of irrigation water in every irrigation area. (2)The draft annual plan for provision of irrigation wa ter as meant in paragraph (1) is formulated by re gental/municipal service or provincial service in ac cordance with their respective scopes of authority on the basisof recommendation from groups offarm ers using water, which is based on draft planting plan. (3)The draft annual plan for provision of irrigation wa ter as meant in paragraph (2) is deliberated and agreed in regental/municipal irrigation commission or provincial irrigation commission in accordancewith •• their irrigation areas. (4)The draft annual plan for provision of irrigation wa ter as meant in paragraph (3) is conveyed by re gental/municipal irrigation commission or provincial irrigation commission at the meeting of the water resource council to secure allocation of water to irri gation. "" (5)The draft annual plan for provision of irrigation wa ter as meant in paragraph (4) is stipulated by re gents/mayors or governors in accordance with their respective scopes of authority. (6)In the case of the availability of water from water source being not sufficient thus changing plan for provision of water and changing allocation of water to irrigation, groups of farmers using water re-ad just draft planting plan in the irrigation areas. Article 39 (l)The provisions as meant in Article 38 paragraph (2) up to paragraph (6) apply to the formulation of annu al plan for provision of irrigation water becoming au thority of the government, which is delegated to gov ernors on the basisof the de-concentration principle. Business News 7394-7395/2-8-2006 (2) Draft plan for provision of irrigation water becoming authority of the government, which has not been delegated to governors on the basis of the de-con centration prlnclple are formulated by central insti tution in charge of irrigation affairs and agreedjointly in inter-provincial irrigation commission. (3) The agreed draft plan for provision of irrigation wa ter as meant in paragraph (2) is conveyed by inter provincial irrigation commission at the meeting of the water resource council for securing allocation of water to irrigation. (4) In the case of the inter-provincial irrigation commis sion being not yet established, the draft plan for pro . . . vision of irrigation water as meant in paragraphs (2) and (3) is formulated by central institution in charge of irrigation affairs and agreed jointly in the provin cial irrigation commission as well as conveyed by in ter-provincial irrigation commission at the meeting of the water resource council for securing allocation of water to irrigation. (5) The draft annual plan for provision of irrigation wa ter as meant in paragraphs (2) and (3) is stipulated by the Ministeras annual plan for provision of irriga tion water. Article 40 In the case of drought in water source causing the shortage of irrigation water thus requiring substitu tion to irrigation water, the gov7rnment, provincial gov ernments or regental/municipal government in accor dance with their respective scopesof authority can make efforts to obtain additional supply of irrigation water from other water sources or adjust provision and regu lation of irrigation water after observing input from irri gation commissions in accordance with legislation. Part Four Regulation of Irrigation Water Article 41 (1) Regulation of irrigation water is realized on the basis of annual plan for regulation of irrigation water con taining annual for division and channeling of irriga tion water. (2) Draft ..... 15A (2) Draft annual plan for division and channeling of irri gation water is formulated by regental/municipal ser vice or provincial service in accordance with their respective scopes of authority onthe basis of annual plan for provision of irrigation water and recommen dations of groups of farmers using water about the need for water and planting plan. (3)The draft annual plan for division and channeling of irrigation water as meant in paragraph (2) is delib erated and agreed by regental/municipal irrigation commission or provincial irrigation commission in ac cordance with their irrigation areas by observing the need of water for irrigation agreed by groups of farm ers using water in every irrigation area. (4)The draft annual plan for division and channeling of irrigation water as meant in paragraph (3), already agreed by the irrigation commission is stipulated by regents/mayors or governors lnaccordancewith their respective scopes of authority and/or authority as signed to regional governments. (S)The dlvtslon and channeling of irrigation water on the basis of the annual plan for division and chan neling of irrigation water as meant in paragraph (4) starting from primary dusters, secondary dusters as far as the tertiary dusters are realized byirrigation management executives. in accordance with their respective need. Article 42 (1) Draft annual plan for division and channeling of irri gation water in inter-provincial and nationally stra tegic irrigation areas not yet assigned to regental! municipal or provincial governments Isformulated by central institution in charge of irrigation affairs in the basis of recommendations of groups of farmers using water.about the need for water and planting plan as well as recommendations of other water us ers. (2)The draft annual plan for division and channeling of irrigation water as meant in paragraph (1) is delib erated and agreed by inter-provincial irrigation com mission. Business News 7394-7395/2-8-2006 (3)ln the case of the inter-provincial irrigation commis sion being not yet established, the draft annual plan for division and channeling of irrigation water as meant in paragraph (1) is deliberated andaqreed by the provinclal irrigation commission. (4) The draft annual plan for division and channeling of irrigation water already agreed as meant in para graphs (2) and (3) is stipulated by the Minister. (S)The annual plan for division and channeling of irri gation water already stipulated as meant in para graph (3) is lmplemented-bv the central institution in charge of irrigation affairs, provincial service or regental/municipal service in the framework of ex ecuting the assistance task. (6)The division and channeling of irrigation water on the basis of the annual plan for division and chan neling of irrigation water as meant in paragraph (4), starting from primary clusters, secondaryclusters as far as the tertiary clusters are realized by irrigation management executives in accordance with their respective need.. Article 43 (l)Division of irrigation water in primary network and/ or secondary network is realized through distribut ing structure or absorbing distributing-structure al ready stipulated. (2) Channeling of irrigation w?ter to tertiary clustersmust be realized through absorbing structure or absorb ing distributing structure already stipulated. Article 44 (l)The use of irrigation Water in the tertiary level be comes right and responsibility of groups of farmers using water. (2) The use of irrigation water is realized through ter tiary channel or quarter channel in intake place al ready stipulated by groups of farmers using water. (3) The useof water outside the provision as meant in paragraph (2) is realized by license from the government ....• 16A government, provincial governments or regentalj municipal governments in accordance with their re spective scopes of authority. Article 45 In the case of provision of irrigation water be ing not'sufficient, regUlation of irrigation water is done by turns, which is stipulated by regents/mayors or gov ernors in accordance with their responsibility. Part Five Drainage Article 46 (l)The development of every irrigation network is ac companied by the development of drainage network being an unit integrated with the irrigation network. (2)The drainage network as meant in paragraph (1) functions to channel the excessof water in order to prevent it from affecting land productivity. (3)The quality of the excess of irrigation waterchan : neled through drainage networkmust be maintained by means of preventing pollution so as to meetthe quality standard on the basis of legislation. (4)The government, provlndal gov{;;rnments, regentalj municipal governments, groups of farmers using water and communities are obliged to maintain the continuity of drainage function. '(5) Everybody is prohibited from taking action potential to affect the function of drainage. Part Six Direct Use of Water from Water Source for Irrigation Article 47 (l)The use of water taken directly from source ofsur- . face water for irrigation must secure license from the government, provincial governments or regental! municipal governments in accordance with their re spective scopes of authority in the management of water resources. (2)The use of water taken directly from groundwater basin for irrigation must secure license from regental! Business News 7394-7395/2-8-2006 municipal governments in accordance with legisla tion. CHAPTER VIII DEVELOPMENT OF IRRIGATION 'NET\IVORK Part One Development of Irrigation Network Article 48 (1)Development of irrigatiqn networks isrealized on the basis of the master plan for waterresource manage ment in river area by observing agricultural develop mentplanand in accordance with florms, standards, quldeltnes and manuals stlpulated by the Minister. (2)The developmentof irrigation networks as meant in paragraph (1) must secure license and approval of design from. the goverl1lnent, provincial governments or regent~l/muricifJalgovernmEmts in accordance with their respective scopes of authority. (3)The governmen~provincial governmentsor regental! .municipal governmentssupervise the development of irrigation networks 'in accordance with their re spective scopes of authority• Article 49 (1) The government, pr~vjnCial governments or regental/ municipal governments are responsible for the de velopment of primary and secondary irrigation net works in accordance with their respective scopes of authority. (2)The devel.opment ofprim~ry and sec?ndaryirriga tion .. netyjorks •. canbe.realizedby groups of farmers using waterinaccprdC1nc:e~ith their respective need and c~pabiHty 011 the basisof license frornthe gov ernment,provipcial governmentsor reqental/rnunlcl palgov~rnmentsin accorda~cewith their respective scopes pf authority inthe management ofwater re sources. (3)The development of tertiary irrigation networks be comes right and responsibility of groups of farmers using water. (4)Unless groups offarmers using water are incapable pf ..... . ---- ----: ----------'.. . 17A of realizing the development of tertiary irrigation networks becoming their right and responsibility, the government/provincial governments or regental/mu nicipal governments can assist the development of the tertiary irrigation networks 'on the basis of re quest from groups of farmers using by observing the principle of independence. (5)Business entities/ social agencies or individuals uti lizing water from water sourcethrough irr(gation net . works built by the government can build their own . networks after securing ltcense and approval of'de sign from the Mi,nister, governors or regents/mayors in accordance with their respective scopesof author ity. Article 50 Guidelines on procedures for granting license to build irrigation networks are stipulated by a regula tion of the Minister. Part Two Enhancement of Irrigation Networks Article 51 (l)Enhancement of irrigation networks is realized on the basisof the master plan for water resource man agement in river area by observing agricultural devel opment planand in accordancewith norms/ standards/ gUidelinesand manuals stipulated by the Minister. 2) The enhancement of irrigation networks as meant in paragraph (1) must secure license and approval of design from the government/ provincial governments or regental/municipal governments in accordance with their respective scopes of authority. (3)The government/ provincial governments or regental/ municipal governments supervise the enhancement of irrigation networks in accordance with their re spective scopes of authority. Article 52 (l)The government/ provincial governments or regental/ municipal governments are responsible for the en hancement of primary and secondary irrigation net works in accordance with their respective scopes of authority. BusinessNews 7394-7395/2-8-2006 (2)Th~e enhancement of primary and secondary irrigation networks can be realized by groups of farmers using water in accordance with their respective need and capabilityon the basisof licensefrom the government/ provincial governments or regental/municipal govern n,ents in accordance with their respective scopes of authority. in the management of water resources. (3)The enhancement of tertiary irrigation networks be comes right and responsibility of groups of farmers using water. (4)Unless groups of farmers using water are incapable of realizing the enhancement of tertiary irrigation networks becoming their rigl)tand responsibility, the qovernment, provincial governments or regental/mu nicipal governmentscan assist the enhance.ment of the tertiary irrigation networks on the basis of. re quest frorrtgrClUp~offarrriers using by observing the principle of independence. (5)Business entities, social agencies or indiyiduals uti lizingwater from water source through irrigation net works built by the government can enhance their own networks after securing license andapproval of design from the Minister/ governors or regents/may orsin accordance with their respective scopes of authority. Article 53 (1) Modification and/or removal of primary and second ary irrigation networks causing change in the model and function of the prlmaryand'secondary irrigation networks must secure llcense from the Minister/ gov ernors or regents/mayors in accordance with their respective scopes of authority. (2) Modification and/or removal of tertiary irrigation net works must secure approval from groups of farmers using water. Article 54 (l)The development and/or enhancement of irrigation networks are realized simultaneously with the de velopment of irrigated agricultural-land in accordance with the agricultural development plan and program by observing readlnessof local farmers. (2) Further ..... I I I i i t I l8A (2)Further provisions on the realization of the irrigated agricultural-land development are regulated by a regulation of the Minister in charge of agricultural affairs after coordinating with the Minister. CHAPTER IX MANAGEMENT OF IRRIGATION NETWORK Part One Operation and Maintenance of Irrigation Network Article 55 Operation and maintenance of irrigation network are realized in accordancewith norms, standards, gUide~ lines and manuals stipulated by the Minister. Article 56 (1)Operation and maintenance of prlmarv and second ary irrigation networks become authorityand respon sibilityof the government, provincialgdvernments or regental/municipal governments in accordance with their respective scopes of authority. (2)Groups of farmers using water can participate in the operation and maintenance of primary and second ! ary irrigation networks in accordance with their need and capability. (3)Groups of farmers using water can supervise the re alization of operation and maintenance of primary and secondary irrigation networks. (4) Operation and maintenance of primary and second ary irrigation networks are realized on the basis of annual plan for operation and maintenance agreed 'jointly in writing by the government, groups of farm ers using water and users of irrigation networks in every irrigation area. (5) Operation and maintenance of tertiary irrigation net works become right and responsibility of groups of farmers using water. (6)Operation and maintenance of irrigation networks belonging to business entities, social agencies or in dividuals become responsibility of the parties. Article 57 Unless groups of farmers using water are inca Business News 7394-7395/2-8-2006 pable of operating and maintaining irrigation networks becoming their rights and responsibility, the government, provincial governments or regental/municipal govern~ ments can provide assistance and/or supportof facility pn the basis of request from the groups byobserving principle ofindependence. Article 58 (1) The government, provincial governmentsorregental/ rnuniclpat governlllentsil1acc:ordance with their re~ spectlve scopesof autl10ritystiPulate thedrying time and part of irrigation ·l1ei¥t0rks~hiChn1ust be dried after ·consultingwith groups offarrners using water. (2)The drying as meant in paragraph (1) is executed for the need of examination or maintenance of irri gation network. Article 59 (1)ln the framework of the operation and maintenance of irrigation networks, security for irrigation networks is executed with a view of preventing the irrigation networks fromcfamagin'g. (2) Security for irrigation networks as meant in paragraph til is executed by governm€mtinstitution,groups of farmers using water and other parties in accordance with their respective scopes of responsibility. Article 60 (l)1n the framework of securing irrigation networks, it is necessary to stipulate demarcation line in the irri gation networks, (2) The government, provlncial governments and re gental/municipal governments stipulate demarcation ltnetn irrigation networks becoming their 'authority. (3)ln order to preventirrigation water from loosing and irrigation networks froni damaging, the government, provincial governments or regental/municipal gov ernments in accordance with their respective scopes ofauthority stipulate prohibition from digging at cer taindistance outside the demarcation line. (4)For the need' of securlty for irrigation networks, it's prohibited from changing and/or removing irrigation \structure . . . . . 19A structure as well as other stru<:t~res/establishing·· other structures inside, abov~orpa'ssingitri9ation channel, unless otherwise securing licensefrqmthe .: government, provincial governments or regental/ municipalgovernments in accordance withtheirre spectivescopes of authority. Article 61 .. " .. Guidelines on operation and maintenance of ir rigation networks,~tipulation()fdemarcation.line of ir rigation networks and.: security for. irrigation networks are regulated by a regulation of the Minister. PartTwo Rehabilitation of Irrigation Network Article 62 (1) Rehabilitation of irrigation networks is executed on the basis of sequence of priority of the need for im proving irrigation stipulated by the government,pro vincial governments or regentayn:'lUnicipal govern ments in accordance with their respective scopes of authority after observing considerations of irrigation commission and inaccordance with norms, standards, gUidelines and manualsstipulated by the Minister. (2)Rehabilitation of irrigationnetworksasmeant in para graph (1) must secure license and approval of de sign from the government, provincial governments or regental/municipal governments in accordance with their respective scopes of authority. (3)Supervision over rehabilitationof irrigation networks is executed by the government, provincial govern ments or regental/municipal governmentS· in accor dancewith their respective scopes of authority. Article 63 (l)The government, provincial governments or regental! municipal governments in accordance with their re spective scopes of authority are responsible for reha bilitation of primary andsecondary irrigation networks. (2)Groups of farmers usingwater can participate in the rehabilitation of primary and secondary irrigation networks in accordance with their need and capabil ity on the basis of approval frorri the government, provincial governments orregental/municipa[. gov Business News 7394-7395/2-8-2006 ... ernment1i.in:acc9rdance with their respective scopes of authority.inthe. managementof water resources. (3)Rehabilitationof tertiary irrigation networks becomes right andresponsibility of 9toUpsoffarmersusing wa ter. (4)Unlessgroup~pffarrnersusing water are incapable of realizing·the rehabilitation of tertiary irrigation networksbecoming their right and responsibility, the government, provincial governments or regental/mu nlcipal governments can helprehabilitatethe tertiary irrigation networks on the basis of request from groups of farmers using·by observing the principle of tndependence. (5)Business entities, social agencies, individuals or groups offarmers using water are. responsible for rehabilitation of irrigation networks that they build. Article 64 (1)Rehabilitation .of irrigationnetworks changing and/ or removing primary and secondary irrigation net works must secure license from the minister, gover nors or regents/mayors in accordance with their re spective scopes of authority. (2)The change and/or removalof tertiary irrigation net works must secureapproval from groupsof farmers using water. (3)The drying time needed for rehabilitation and en hancement of irrigation networks must bescheduled in planting plan. (4)The drying time needed for the planned rehabilita tion, rehabllltatlon due to emergency condition or enhancement of irrigati()n.networks.can be. realized in not later than 6(sixl.months. (5)The drying needing time longer than the provision asmeant in paragraph(4) is stipulated by the minis ter, governors or regents/mayors in accordance with their respective scopes of authority. CHAPTER X ..•.. (Tq BE CON11NUE:-J). ===( AL )===-. ..... 19A IRRIGATION (Government Regulation No. 20/2006 dated May 3D, 2006) [Continued from Business News No. 7394 - 7395 pages 3A - 19AJ CHAPTER X MANAGEMENT OF IRRIGATION ASSETS Part One General Article 65 Management of irrigation assets covers the in ventorying, planning of management, implementation of management and evaluation of realization of the man agement of irrigation assets as well as updating results of inventorying of irrigation assets. PartTwo Inventorying of Irrigation Assets Article 66 (l)Irrigation assets consist of irrigation networks and support of irrigation management. (2)Inventorying of irrigation networks aims at obtain ing data about the quantity, dimension, kind; condi tion and function of all irrigation assets as well as data about the availability of water, value of assets and sphere of service in every irrigation area in the framework of the sustainability of irrigation system. (3)Inventorying of support of irrigation management aims at obtaining data about the quantity, specifica tion, condition and function of support of irrigation management. (4)The government, provincial governments, regental! municipal governments or rural governments under take the inventorying of irrigation assets in accor dance with their respective scopes of authority in the management of irrigation system. (5)The regental/municipal governments undertake com pilation of results of inventorying of irrigation assets carried out by rural governments and regental/mu nicipal governments. (6)The provincial governments undertake compilation Business News 7397-7398/9-8-20p6 of results of inventorying of irrigation assets carried out by regental/municipal governments and provin cial governments. (7)The government undertakes compilation of results of the inventorying of irrigation assets as meant in paragraph (6) and results of inventorying of irriga tion assets carried out by the government. (8)Business entities, social agencies, individuals, groups of farmers using water and rural governments un dertake the inventorying of irrigation assets becom ing their responsibility in a sustainable manner to help the government, provincial governments or re gental/municipal governments to compile results of the inventorying. (9)The government compiles results of the inventory ing as meant in paragraphs (7) and (8) as document of inventorying of national irrigation assets. Article 67 (1) The inventorying of the irrigation ,networks as meant in Article 66 paragraph (2) is executed every year in every irrigation area. (2)The inventorying of the support of irrigation man agement as meant in Article 66 paragraph (3) is exe cuted every 5 (five) years in every irrigation area. (3)The government develops irrigation information sys tem on the basis of the document of inventorying of irrigation assets as meant in Article 66 paragraph (1). (4)The irrigation information system as meant in para graph (3) constitutes a water-resource information sub-system. • Part Three Planning of Irrigation Asset Management Article •.... 20A Article 68 (l)Planning of irrigation asset management covers ac tivity of analysis of data about results ofthe invento rying of irrigation assets and formulation of follow up plan to optimize the utilization of irrigation assets in every irrigation area. (2)The government, provincial governments or regentalj municipal governments in accordance with their re spective scopes of authority formulate and stipulate irrigation-asset management plan every 5 (five) years. (3) Formulation of the irrigation-asset management plan is executed in an integrated manner, transparently and accountably by involving all users of irrigation water and users of irrigation network. (4)Business entities, social agencies, individuals or groups of farmers using water formulate the man agement plan of irrigation-assets becoming their re sponsibility in a sustainable manner. Part Four Implementation of Irrigation Asset Management Article 69 (l)The central institution in charge of irrigation affairs, provincial service or regental/municipal service in accordance with their respective scopes of responsi bility manage irrigation assets in a sustainable man ner on the basis of the management plan of irriga tion assets already stipulated. (2) Business entities, social agencies, individuals or groups of farmers using water manage irrigation assets becoming their responsibility in a sustainable manner. Article 70 Irrigation networks whose assets and/or man agement are given up provisionally to groups of farm ers using water are further regulated by a regulation of the Minister. Part Five Evaluation of Realization of Irrigation Asset Management Business News 7397-7398/9-8-2006 Article 71 (l)The Minister, governors or regents/mayors in accor dance with their respective scopesof authority evalu ate the realization of irrigation asset management every ye~r. (2)Business entities, social agencies, individuals or groups of farmers using water help the Minister, gov ernors or regents/mayors to evaluate the realization of management of irrigation assets becoming their responsibility in a sustainable manner. (3)The realization of the irrigation asset management as meant in paragraph (1) is evaluated to review conformance of plan to the realization of irrigation asset management. Part Six Updating of Irrigation-Asset Inventorying Results Article 72 Results of the inventorying of irrigation assets are updated by the government, provincial governments or regental/municipal governments in accordance with their respective scopes of authority. Article 73 Guidelines on the management of irrigation as sets are stipulated by a regulation of the Minister. CHAPTER XI FINANCING Part One Financing of Irrigation.Network Development Article 74 (l)The financing of development of primary and sec ondary irrigation networks becomes responsibility of the government, provincial governments or regental/ municipal governments in accordance with their re spective scopes of authority. (2)The financing of development of tertiary irrigation networks becomes responsibility of groups of farm ers using water. (3)The financing of the development of absorbingstruc ture, channel as long as 50 meters and absorbing struc ture, tertiary box and other tertiary complementary structures . . . . . structures becomes responsibility of the government/ provincial governments or regental/municipal gov ernments in accordance with their respective scopes of authority, (4)If groups of farmers using water are unable to fi nance the development of tertiary irrigation networks becoming their responsibility/ the government/ pro vincial governments or regental/municipal govern ments in accordance with their respective scopes of authority can help finance the development of the terttarv irrigation networks on the basis of request from the groups of farmers using water by observ ing the principle of independence. (S)Development of irrigation networks organized by business entitles, social agencies or individuals is fi nanced by the respective parties. (6)ln the case of a region having urgent interest in the development of irrigation network in inter-provincial or nationally strategic irrigation area/ but the devel opment has not become national priority/ the gov ernment/ provincial governments and/or regental/ municipal governments can cooperate in the financ ing. (7)ln the Case of regental/municipal government hav ing urgent interest in the development of irrigation network in inter-regental/municipal irrigation area but the development has not become provincial priority/ the reqental/rnunlcipal government and provincial government can cooperate in the financing. Part Two Financing of Irrigation Network Management Article 75 (l)The financing of management of primary and sec ondary irrigation networks becomes responsibility of the government/ provincial governments or regental/ municipal governments in accordance with their re spective scopes of authority. (2)The financing of management of primary and sec ondary irrigation networks is based on the real need figure of irrigation management in every irrigation arefi· Business News 7397-7398/9-8-2006 21A ~------~ ~--- --------- (3)The calculation of the real need figure of irrigation management in every irrigation area is done by the government/ provlndal governments or regental/mu nicipal governments in accordance with their respec tive scopes of authority on the basis of network sur veillance by observing contribution of groups of farmer using water. (4) Priority of the use of management cost of irrigation network in every irrigation area is agreed jointly by the government/ provincial governments or regental! municipal governments in accordance with their re spective scopes of authority and groups of farmers using water. Article 76 (l)The financing of the/management of primary and secondary irrigation networks as meant in Article 75 constitutes the irrigation ma.nagement fund whose management becomes responsibility of the govern ment/ provlndal governments or regental/municipal governmen~s in accordance with their respective scopes of authority. (2)The irrigation management fund as meant in para graph (1) is used in accordance with legislation. (3) Further provisions on the irrigation management fund whose management becomes responsibility of pro vincial and regental/municipal governments are regu lated by a regional regulation. ArtiCle 77 (l)ln the case of a region having urgent interest in the rehabilitation of irrigation network in inter-provincial or nationally strategic irrigation area/ but the devel opment has not become national priority/ the gov ernment/ provincial governments and/or regental/ municipal governments can cooperate in the financ ing. (2)ln the case of regental/municipal government hav ing urgent interest in the rehabilitation of irrigation network in inter-regental/municipal irrigation area but the development has not become provincial priority/ the regental/municipal government and provincial government can cooperate in the financing. Article ..... l r ! I. I r ! I 22A Article 78 (l)The financing of the management of tertiary irriga tion networks becomes responsibility of groups of farmers using water in their respective working ar eas. (2)If groups of farmers using water are unable to fj nancethe management of tertiary irrigation networks becoming their responsibility, the government, pro vincial governments or regental/municipal govern ments in accordance with their respective scopes of authority can help finance the management of the tertiary irrigation networks on the basis of request from the groups of farmers using water .bv observ ing the principle of independence. (3)The financing of the management of irrigation net works built by business entities, social agencies or individuals is borne by the respective parties. (4)Users of irrigation networks are obliged to take part in the financing of the management of irrigation net works built by the government, provincial govern ments or regental/municipal governments in accor dance with their respective scopes of authority. Article 79 (l)The financing of operational activities of regental/ municipal irrigation commissions and irrigation-area coordination forums becomes responsibility of regen cies/cities in accordance with their respective scopes of authority. (2)The financing of operational activities of provincial irrigation commissions and inter-provincial irrigation commissions becomes responsibility of the respec tive provincial governments. Part Three Integration of Financing of Irrigation Network Man agement Article 80 (1) Provincial irrigation commissions coordinate and in tegrate the planning for financing the management of irrigation networks becoming responsibllity of the Business News 7397-7398/9-8-2006 government, provincial governments or regentalj municipal governments as meant in Article 75 para graph (1) located in a province. (2) Inter-provincial irrigation commissions coordinate and integrate the planning for financing the management of inter-provinclal irrigation networks. (3)The coordination and integration of the planning for financing as meant in paragraph (1) refer to recom mendation of priority to allocation of the financing of irrigation network management conveyed by re gental/municipal irrigation commissions. (4)The coordination and integration of the planning for financing as meant in paragraph (2) refer to recom mendation of priority to allocation of the financing of irrigation network management conveyed by inter provincial commissions. Part Four Financing Mechanism of Irrigation-NetworkDevelop ment and Management Article 81 Provisions on the financing mechanism of irri gation-network development and managementare stipu lated by a regulation of the Minister in charge of finan cial affairs on the basis of recommendation from the Minister. CHAPTEB: XII CHANGE IN FUNCTION OF IRRIGATED LAND Article 82 (l)In orderto guarantee the conservation of the func tion and benefit of irrigation networks, the Minister, governors or regents/mayors in accordancewith their respective scopes of authority strive to ensure the availability of irrigated land and/or control change in the function of irrigated land in their respective re gions. (2) The institution authorized and responsible for irriga tion affairs plays role in controlling change in the function of irrigated land for non-agricultural pur pose. (3) The .... ,. 23A (3)The government, provincial governments or regental! municipal governments in accordance with their re spective scopesof authority stipulate in an integrated manner potential areas of irrigation in regional lay out plan to support national food security.. Article 83 (1) Change in function of irrigated land cannot be real ized unless otherwise attributed to: a. change in regional layout plan; or b. natural disaster causing the function of land and irrigation network to loose. (3)The government, provincial governments and/or re gental/municipal governments in accordance with their respective scopes of authority strive to substi tute irrigated land and networks attributable to change in the regional layout plan. (4) The government, provincial governments and/or regental/municipal governme~ts in accordance with their respective scopes of authority are responsible for re-arranging irrigation system in the case of: a. irrigation network changing in function partly; or b. irrigated land changing in function partly. (S)Business entities, social agencies or institutions un dertaking activities potential to change function of irrigated land, which violate the regional layout plan as meant in paragraph (1) letter a are obliged to substitute the irrigated land and its networks. CHAPTER XIII COORDINATION IN THE MANAGEMENT OF IRRIGATION SYSTEM Article 84 (l)The management of irrigation system is coordinated through inter-regental/municipal irrigation commis sions, provincial irrigation commissions, inter-provin cial irrigation commissions and/or irrigation area co ordination forums. (2)In coordinating the management of irrigation sys tem, irrigation commissions can invite other stake holders to attend commission meetings for obtain ing necessary information. Business News 7397-7398/9-8-2006 (3)Working relations between irrigation commissions and working relations between irrigation commissions and water resource council are consultative and coordl native. (4)Coordination in the management of irrigation sys tem in irrigation areas becoming authority of regen cies/cities and irrigation areas already assigned by the government and/or provincial governments to regencies/cities is executed through regental/munici pal irrigation commissions. (S)Coordination in the management of irrigation sys tem in irrigation areas becoming authority of prov inces, nationally strategic irrigation areas and irriga tion areas already assigned or not assigned by the government to provinces is executed through pro vincial irrigation commissions. (6) Provincial irrigation commissionscoordinate the man agement of irrigation system with all regental/mu nicipal irrigation commissions and inter-provincial ir rigation commissions. (7)Coordination in the management of irrigation sys tem in inter-provincial irrigation areas and irrigation areas, already assigned or not yet assigned by the government to the respective provinces can be ex ecuted through inter-provincial irrigation commis sions. (8)Coordination in the management of irrigation sys tem whose network has.multt-functlcns in an irriga tion area can be executed through irrigation-area coordination forum. CHAPTE"R XIV SUPERVISION Article 85 (l)ln the development and management of irrigation system in every irrigation area, the government, pro vincial governments or regental/municipal govern ments in accordance with their respective scopes of authority supervise by involVing public participation. (2)The supervision as meant in paragraph (1) covers activities of: a. monitoring ..... 24A a. monitoring and evaluation so as to be suitable to the norms, standards, guidelines and manuals; b. reporting; c. recommending; and d. disciplining. (3)Public participation in the supervision as meant in paragraph (1) is realized by conveying reports and/ or complaints to the authorized party. (4)Groups of farmers using water, business entities, social agencies and individuals report information about the development and management of irriga tion system becoming their responsibility to the gov ernment, provincial governments or regental/munici pal governments. (5)ln the framework of the supervision as meant in paragraph (t), the government, provincial govern ments or regental/municipal governments in accor dance with their respective scopes of authority pro Vide information on the development and manage ment of irrigation system publicly. (6)Further provisions on gUidelines on the supervision over the development and management of irrigation system are regulated by a regulation of the Minister. (7)Further provisions on supervision over the develop ment and management of irrigation system by re gental/municipal governments and provincial govern ments are regulated by a regional regulation. CHAPTER XV TRANSmONAL PROVISION Article 86 With the enforcement of this government regu lations: a. all technical regulations related to irrigation are de clared to remain effective as long as they do not" contravene or have not been replaced by new tech nical regulations on the basisof this government regu lation. b. Licenses related to the development and manage ment of irrigation system already issued before the Business News 7397-7398/9-8-2006 stipulation of this regulation are declared to remain effective until their validity period ends. CHAPTER XVI . CONCLUSION With the enforcement of this government regu lation, Government Regulation No. 77/2001 on Irriga tion (Statute Book of 2001 No. 143, Supplement to Stat ute Book No. 4156) is declared null and VOid. Article 68 This government regulation comes into force as from the date of promulgation. For public cognizance, the regulation shall be published by placing it in Statute Book of the Republic of Indonesia. Stipulated in Jakarta On may 30,2006 THE PRESIDENT OFTHE REPUBliC OF INDONESIA Sgd DR. H. SUSILO BAMBANG YUDHOYONO promulgated in Jakarta On May 30,2006 THE MINISTER OF LAW AND HUMAN RIGHTS Sgd HAMID AWALUDDIN STATUTE BOOKOF THE REpUBliC; OF INDONESIA YEAR 2006 NO. 46 ELUCIDATION ON ~OVERNMENT REGULATION NO. 20/2006 REGARDING IRRIGATION 1. GENERAL 1. Law No.7/2004 on Water Resource regulates issued relatec to water resource, among others, the devel opment and management of irrigation. The provl sion needs further elaboration by a government regulation as required by Article 41. In a bid to meet the provision, this government regulation contains detailed •.... 25A detailed and comprehensive provisions on irrigation on the basis of considerations and thoughts below. 2. The role of the agricultural sector is very strategic in the national economy and agricultural activities are inseparable from water. In relation thereto, irriga tion as a component support the success of aqrlcul tural development plays a very important role. Since the objective ofthe agricultural development changes from increasing production to realize self-sufficiency in rice to preserving food security, raising farmers' income, expanding job opportunities in rural areas and enhancement of family nutrition as well as in line with spirits of democracy, decentralization and transparency in the social life,· it is necessary to stipu late a policy on the development and management . of irrigation system. 3. Law No. 7/2004 on Water Resource stipulates that control over water resource by the state is realized by the government, provincial governments and/or regental/municipal governments and used rnaxlrnally for the people's welfare. In the implementation, the law still recognizes and respects units of traditional communities and their traditional rights, such as com munal rights of local traditional communities and rights of the same kind, as long as they do not con travene national interests and legislation. In realiz ing the management of water resource, the govern ment, provincial governments and/or regental/mu nicipal governments are responsible for providing water for all kinds of the need by prioritizing mainly to daily basic need and smallholder agriculture in the existing irrigation system above all kinds of the need. 4. Law No. 32/2004 on Regional Administration man dates that regional administration is executed on the basis of the principles of decentralization, de-con centration and assisting tasks. IN the implementa tion of the decentralization, regions are given free dom to implement regional autonomy by principles of public service approach in various fields, including the irrigation. In order to guarantee the effective and efficient development and management of irri Business News 7397-7398/9-8-2006 gation system, authority and responsibility for the ~evelopment and management of the irrigation sys tem between the government, provincial govern ments and/or regental/municipal governments are divided. Subsequently, Law No. 33/2004 on Finan cial Sharing between the Central Government and Regional Governments basically has objectives, among other, to empower and enhance capability of regional economy, including the financing of the de velopment and management of irrigation system. In relation thereto, the financing of the development and management of irrigation system becomes re sponsibility of the government, provlnclal govern ments, regental/municipal governments and commu- . nities. 5. The development and management of irrigation sys tem are realized by involving all stakeholders by pri oritizing to interests and participation of farmers in all processes of decision making as well as imple mentation of the development and management of irrigation system. In order to execute the activities, groups of farmers using water and regental/munici pal or provincial service or institutions concerned in the irrigation sector are empowered in a sustainable manner. Subsequently, in order to realize participa tory development and management of irrigation sys tem as well as to enable it to contribute benefits maximally to farmers, the development and man agement of irrigation system are realized byenhanc ing efficiency in the useof water resource on the basis of linkage between rain 'water, surface water and groundwater in an integrated manner by priori tizing to the enhancement of efficiency in the use of surface water. The development and management of the irrigation system are realized by a principle "one irrigation system for one unit of development and management" by observing interests of users of irrigation water and users of irrigation networks in upstream, middle and downstream areas harmoni ously. The development and management of the ir rigation system are executed by irrigation manage ment institutions covering government institutions, groups of farmers using water and irrigation com missions. 6. In ..... 26A 6. In the framework of stipulating policy on the devel-: opment and management of the irrigation system by principle "one irrigation system for one unit of development and management", the irrigation sys tem is developed and managed participatorily with the support of re-arrangement of tasks, authority and responsibility of irrigation management institutions, empowerment of groups of farmers using water, improvement of the financing system of development and management of irrigation networks for realizing the sustainability of the irrigation system. The par ticipatory development and management of the irri gation system are executed in all processes of the development and management of the irrigation sys tem, starting from initial thinking, decision making, and implementation of activities in the phases of plan ning, development, enhancement, operation, main tenance and rehabilitation, The government, provin cial governments or regental/municipal governments in accordance with their respectivescopes of authority facilitate and provide assistance in accordance with requests from groups of farmers using water by ob serving the principles of independence. 7. The policy on the effective and efficient development and management of the irrigation system is needed for ensuring the sustainability of the irrigation sys tem and right to use water for irrigation purpose. It is based on realities: a. shift in the value of water, from water resources owned collectively, which is abundant arid usable without cost to resource having economic value and social function; b. vulnerability to the availability of water nation allY; c. ~ighter competition in the utilization of water be tween irrigation and the use by other sectors; d. widening change in function of irrigated land for other interests. In accordance with the above mentioned reali ties, the government, provincial governments or regental/municipal governments in accordance with their respective scopes of authority provide financing of the development and management Business News 7397-7398/9-8-2006 of primary and secondary irrigation systems, while groups of farmers using water can participate. Groups of farmers using water provide financing for the development and management of irriga tion system becoming their responsibility, while the government, provincial governments or re gental/municipal governments in accordancewith their respective scopes of authority can help in accordancewith requestsfrom the groupsof farm ers using water by observing the principles of in dependence. 8. Regulation of rights to use water is realized through right to use water for irrigation, consisting of right to use water and right to manage water for irrigation. Rights to use water for irrigation purpose for smallholder agriculture inside the existing irrigation system are obtained without license, while those for smallholder agriculture in new and enhanced irriga tion systems are obtained on the basis of applica tions for license to utilize water for irrigation. The rights to manage water are granted for the need of exploitation in the agricultural sector and obtained on the basis of applications for license to manage water for irrigation. In the case of draught in water source causing the shortage of irrigation water thus requiring substitution to irrigation water, the gov ernment, provlndal governments or regental/munici pal governments in accordance with their respective scopes of authority can strive to obtain additional supply of irrigation water from other sources or ad just the supply and regulation of irrigation water. In order to ensure the utilization of water to achieve the maximal result, the government, provincial governments or regental/municipal governments in accordance with their respective scopesof authority requlate the provision, division, distribution, use of irrigation water and drainage in their respective re~ gions. 9. The development of irrigation networks coversactivi ties of the development and enhancement of irriga tion networks, realized on the basisof master plan for the management of water resource.The government, provincial .•... 27A provincial governments or regental/municipal gov ernments are responsible for the developmentand enhancement of primaryandsecondary irrigation net works, while groups of farmers usingwater can par ticipate. Groups of farmers using water are respon sible for the development and management of ter tiary irrigation networks. In addition, the development of irrigation networks is realized simultaneously with the development of irrigated agricultural land in accordancewith the ag riculturaldevelopment plan and developmentbyob serving readiness of local farmers. 10.The management of irrigation networks covers ac tivities of operation, maintenance, and rehabilitation of irrigation networks. The government, provincial government or regental/municipal governments are responsible for the operation, maintenance, and re habilitation of primary and secondary irrigation net worksbecoming their authority, whilegroups of farm ersusingwater can participate. The management of tertiary irrigation networks becomes the responsibil ity of groups of farmers using water. l1.In a bid to achieve the integrated and sustainable function of irrigation and the use of irrigation net works at the most efficient cost of management of irrigationassets, it's necessary to undertake the man agementof irrigation assets, namelythe structured management for planning the maintenance andfund ing of the irrigation system. The management of irrigation assets covers activi ties of inventorying, planning, implementation, evalu ation of irrigation assets and updating results of in ventorying of irrigationassets. The government, pro vincial governments, regental/municipal governments or rural governments are responsible for the man agementof irrigation assets becoming their author ity. 12.Given that irrigation dealswith various users of irri gation water and various kinds of the use of irriga tion networksand its area encompasses borders of administrative regions of administration,the govern Business News 7397-7398/9-8-2006 ment regulation stipulates the need for establishing coordination and communication institution called irrigation commission. The regental/municipal irriga tion cornmisstons are. established by regents/may ors, provincial irrigation commissions are set up by governors, inter-provincial irrigationcommissions can be established by the relevant governors to realize coordination in the management of irrigation sys tern, In addition, in order to realize coordination in the management of irrigation system, irrigation-area coordination forum facilitated by regents/mayors can be established. 13.The government, provincial governments, regental/ municipal governments in accordance with their re spective scopes of.authority supervise the develop ment and management of irrigation system. In. the frameworkof the supervision, the government, pro vincial governments or regental/municipal govern ments in accordance with their respective scopes of authority provideinformation aboutthe development andmanagement of irrigation system publicly. Com munities participate in the supervision over the de velopmentand managementof irrigation system by means of conveying reportsand/or complaints to the authorized party. II. ARTICLE BY ARTICLE Article 1 Sufficiently clear Article 2 Paragraph (1) Farming business includes mainland fishery. Paragraph (2) Sufficientlyclear Article 3 Paragraph (1) Letter a Reliability of irrigation water means a condition wherein irrigation water can beavailable in the volume, ~ime ..... 28A time, place and quality suitable to the need of plants for supporting productivity of farming business maximally. Reservoir means water collecting basin/place in river so as to be usable for irrigation or other-purposes. Square reservoir means a collecting basin/place of wa ter when water in river is surplus or basin/place to col lect rain water. Letter b Reliability of irrigation infrastructure means a condition and function of irrigation network able to pro vide irrigation service optimally. Operation and maintenance of primary, secondary and tertiary irrigation networks include: activity of security for irrigation networks in the form of efforts to prevent and overcome damage of irriga tion networks attributable to animals, human, or natu ral forces for maintaining the function of the irrigation networks; and • ~;,. conservation of water in irrigation area in the form of . efforts to economize in the use of water in the irriga : tion area and maintain the quality of irrigation water in irrigation networks as well as maintain the quality of the excess of irrigation water not used anymore. Letter c Sufficiently clear Paragraph (2) Sufficiently clear Article 4 Paragraph (1) SuffiCiently clear Paragraph (2) Participatory means the development and man agement of irrigation system based on participation of farmers. Integrated means that the development and management of irrigation system are realized by inte grating interests of sectors concerned. Transparent and accountable means that the development and management of irrigation system are realized transparently and accountably. BusinessNews 7397-7398/9-8-2006 Just means that the irrigation system is devel oped and managed proportionally in accordance with the need of communities using irrigation water from the upstream to the downstrearn. EnVironmentally friendly means that theirriga tion system is developed and managed by observing equilibrium of ecosystem and supporting potential of the environment. Paragraph (3) Participatory development and management of irrigation system throughout irrigation areas are real ~zed by groups of farmers using water or the govern ment,provincial governments or regental/municipal gov ernments in accordance with their respective scopes of authoritv to enhance the sense of belonging, sense of responsibility and capability of groups offarmers using water in the framework of enhancing efficiency, effec ~iveness and sustainability of the irrigation system. In the case of the development of new irriga tion system being executed in region potential to stipu late as an irrigation area, participation in the develop ment and management of irrigation system is in the form of, among others, ideas, thoughts, contribution of time, energy, material and fund. Article 5 Stakeholders mean, among others, farmers, ir rigation water beneficiaries or users of irrigation net work. Article 6 Sufficiently clear Article 7 Paragraph (1) Rain water falling on ground surface includes surface water having prioritized in the enhancement of efficiency in the use. Paragraph (2) The principle "one irrigation system for one unit of developmentand management" means that a system of planning, execution, monitoring and evaluation is ap plied to an irrigation area obtaining irrigation servicefrom an ...... 29A an irrigation system consisting of primary, secondary and tertiary networks. Article 8 In the provision, the institutions concerned in clude the Minister in charge of agricultural affairs, Min ister of Home Affairs and minister in charge of financial affairs. Articles 9 and 10 Sufficiently clear Article 11 Paragraphs (1) and (2~ . Sufficiently clear Paragraph (3) The irrigation-area coordination forum functions as a forum ofconsultation and communications between representatives of groups of farmers using water, users of irrigation networks, and governments in the frame work of the management of irrigation having multi-func tions in an irrigation area. The provincial and/or regental/municipal gov ~rnments facilitate the realization of the irrigation area coordination forum. Article 12 Paragraph (1) Sufficiently clear Paragraph (2) Users of irrigation networks are user of irriga tion networks other than farmers, securing right to use water specifically. Paragraph (3) The tasks of the regental/municipal irrigation commissions as meant iii letters a, b, c, d, e and f cover irrigation areas becoming authority and responsibility of regents/mayors as well as irrigation areas already assigned to regental/municipal goverOnments by the government or provincial governments. Article 13 Paragraph (1) Sufficiently clear • Business News 7397-7398/9-8-2006 Paragraph (2) Regencies/cities concerned means regencies/ cities whose territory has irrigation networks under the responsibility of provincial governments or the govern ment. Given that the responsibility for the manage ment of irrigation system lays on the government, the definition proportional in the provision means that the number of representatives of the government is bigger than the number of non-government representatives. Representation means that members of the ir rigation commission represent institutions related to the management of irrigation system, groups of farmers us ing water or groups of users of irrigation network. Paragraph (3) The tasks of the provincial irrigation commis sions cover irrigation areas becoming authority and re sponsibility of governors as well as irrigation areas al ready assigned to provincial governments by the gov ernment. Article 14 Paragraph (1) Sufficiently clear Paragraph (2) In order to integrate the management of irriga tion in an inter-provincial irrigation area, it needs inter provincial cooperation realized by an lnter-provlnclal ir rigation commission. Paragraph (3) In order to integrate the management of irriga tion in an inter-provincial irrigation area, it needs inter provincial cooperation realized by an inter-provincialir rlqatlon commission. Article 15 . Sufficiently clear Article 16 Paragraph (1) Letter a Sufficiently clear Letter ..... 30A J Article 17 ••••.. ( TO BE CONTINUED ) ===( AL )=== be done by provincial governments, regental/municipal governments or rural governments. Letters k and I Sufficiently clear Paragraph (2) Sufficiently clear RECTIFICATION ~ e to misadvertent mistake inBUS~~ No. 7396 w need to rectify as follow~/ Edito . I II page 3, the tj)werline of the second last paragraph s uld rea~tne State Budget of 2006, the international 0 pri~ is estimated at at US$57 per barrel, under 25°~ ," prevailing price. Index~ages -7, appeared in the front page of the sam~publication s uld read An Exclusive Inter Vi'~: Luigi Carlo Ga el. We apologize for the . takes. The Editor Letter j Irechnical assistance means.. among others, ~echnical counseling, personnel and/or equipment. The technical assistance is provided for provin cial and regental/municipal governments through a pro cess of consultation by prioritizing to the principle of independence. Letter h The responsibility of the government in the pro vision is rather prioritized to provision of the financing and technical fostering, while the implementation can be done by provincial governments, regental/municipal governments or rural governments. Letter I Sufficiently clear Letter g The responsibility of the government in the pro vision. is rather prioritized to provision of the finanCing and technical fostering, while the implementation can Letters e and f Sufficiently clear Business News 7397-7398/9-8-2006 Letter d The responsibilityof the government in the provi sion is rather prioritized to provision of the financing, while the implementationcanbedone by provincial governments, regental/municipal governments or rural qovemrnents. Letter c Sufficiently clear Letter b Stipulation of status of irrigation area aims at affirming irrigation area becoming the authority and re , sponsibility of the government, provincial governments and regental/municipal governments, namely: 1. Irrigation area wholly located in a regency/city is an irrigation area obtaining irrigation water from irrigati on network whose structure and channel as wellas size are wholly located the territory of the regency/ city. 2. Inter-regental/municipal irrigation area is an irriga tion area obtaining irrigation water from irrigation network whose structure and channel as well as cov erage are located in more than a territory of regency/ city but still located in a provincial territory. 3. Inter-provincial irrigation area is an irrigation area obtaining irrigation water from irrigation network whose structure and channel as well as coverage are located in more than a territory of province but still located in a country. 4. Inter-state irrigation area is an irrigation area ob taining irrigation water from irrigation network whose structure and channel as well as coverage are lo cated in more than one country. .5. Nationally strategic irrigation area is an irrigation area with a size of over 10,000 hectares, 'having impor tant benefit for the fulfillment of the national need for food. ~----- . SA I R R·1 GAT ION (Government Regulation No. 20/2006 dated May 30, 2006) [Continued trotr Business News No. 7397 - 7398 pages 19A - 30AJ t-",.·· Article 17 Letters a and b Sufficiently clear tetter c The responsibility of the government inthe pro ~ision is rather prioritized to provision of the financing, ' while the implementation can be done by provincial gov ernments, regental/municipal governments or rural gov ernments. Letters d and e Sufficiently clear Letter f The responsibility of the government in the pro vision is rather prioritized to provision of the financing and technical fostering, while the implementation can be done by provincial governments, regental/municipal governments or rural governments. Letter 9 The responsibility of the government in the pro vision is rather prioritized to provision of the financing and technical fostering, while the implementation can bie done by provincial governments, regental/municipal governments or rural governments. Letter h Technical assistance means, among others! technical counseling, personnel and/or equipment. The technical assistance is provided for provin cial and regental/municipal governments throuqh a pro cess of consultation by prioritiZing to the principle of independence. Letter I up to letter I Sufficiently clear Article 18 SUfficiently clear Business News 7399/11-8-2006 Article 19 Letter a Although the authority of rural governments is only limited to the enhancement and management of irrigation system! rural governments have opportunity to take initiative to build rural irrigation networks after securing approval from regental/municipal govern ments. Letters band c Sufficiently clear Article 20 Letters a and b Sufficiently clear Letter c Approval is only given by groups of farmers us Ing water. If group of farmers using water has not been established, approval is granted by regental/municipal governments on the basis of consensus of farmers. Article 21 The agreeable cooperation is, among others, research and development of science and technology in the irrigation field! as well as building! enhancement and rehabilitation of irrigation system. Article 22 Part of the government authority means the authority as meant in Article 16 letters C, d, h, I and I, Article 17 letters b, c.d, g and 8 and Article 18 letters b, c, f and k, Article 23 Paragraph (1) Delegation of authority of provincial qovern ments to the government in this provision is based on Article 19 paragraph (1) of Law No. 7/2004 on Water ,,,. Resource. paragraph ..... t ! i 6A Paragraph (2) Authority not delegated in this provision is op eration and maintenance of irrigation system. Activities of study, investigation and detail planning remain in provincial governments. Paragraph (3) up to paragraph (5) , Sufficiently clear Paragraph (6) Delegation of part of authority in this provision is temporary and can be returned to provincial govern ments. Theagreement ondelegation ofpart of author ily minimally contains matters related to kindof thedel egated authority, period of delegation andrequirements, which mustbe fulfilled for returning back. Article 24 , ~Paragraph (1) Delegation of authority of provincial govern ments to the government in this provision Is based on Article 19 paragraph (1) of Law No. 7/2004 on Water Resource. Paragraph (2) Authority not delegated in this provision is op eration and maintenance of Irrigation system. Activities of study, investigation and detail planning remain in provlnclal governments. Paragraph (3) up to paragraph (5) SUfficiently clear Paragraph (6) Delegation of part of authority in this provision is temporary and can be returned to provincial govern ments. The agreement ondelegation of part of author ity minimally contains matters related to kind of the del egated authorltyt period of delegation and requirements, which mustbe fulfilled for returning back. Paragraphs (7) and (8) Sufficiently clear Business News 7399/11-8·2006 Article 25 Lettera Acquisition of the exercise of part of the au thority is provisional until the condition endangering public interests can be restored. Endangering public interest means disconnected irrigation channel or landslide stopping supply of water in the primary channel thusaffecting the lifeof the pub lic at large. Letterb SUfficiently clear Article 26 Paragraph (1) Realization of activities of development, en hancement, operation, maintenance, and rehabilitation also includes activityof planning. Paragraph (2) Sufficiently clear Paragraph (3) Individual participation of farmers in the devel opment and management of irrigation system is limited to issues not haVing collective impact, such asformula tion of planting plan, distribution of water. Individual means non-business entity subject needing water for agricultural business. Public participation can be realized in phases, in accordance with theircapability, covering institutional, technical and financial capability. The institutional capability can bereflected from, among others, legal statusof organization, managerial capabiljty, activity of executives and number of active organization members. The technical capability can be reflected by, among others, the number of ulu-ulu (water distribu tors) capable of distributing water fairly and equitablYt properly maintained Irrigation networks and betterfarm ing business.· The financial capability can be reflected by, among others, capability of financing irrigation system and capability of managing the system. Paragraph • , •.. 7A Paragraph (4) Sufficiently clear Paragraph (5) If group of farmers using water has been es tablished, participation of farmers must be channeled through the group. Article 27 Sufficiently clear Article 28 Paragraph (1) Empowerment of groups of farmers using wa ter aims at strengthening and enhancing the indepen dence of the groups in activities of development, en hancement, operation, maintenance and rehabilitation of irrigation networks. Paragraph (2) up to paragraph (6) ,-,": Sufficiently dear Paragraph (7) The regulation of the minister contains, among others: guidelines on regulation of authority, rights and re ~ponsibility of irrigation management institutions; guidelines on empowerment of groups of farmers us ing water. Article 29 Sufficiently clear Article 30 Traditional law community is a community still existing in the fact and their existence is validated by. local regional regulation. Article 31 Paragraph (1) Sufficiently clear Paragraph (2) Smallholder agriculture is agricultural cultivation covering various commodities, namely agriculture of food Business News 7399/11-8-2006 crop, fishery, animal husbandry, plantation and forestry, which is managed by people with certain size, whose heeds for water does not exceed two liter per second per family. Paragraph (3) The right to use water for irrigation is only des ignated to meet need of water for their agricultural land outside the smallholder agriculture. Article 32 Paragraph (1) Developers are, among others, the government, provincial governments, regental/municipal govern ments, businessentities, social agencies,groups of com munities or individuals building or enhancing irrigation system in a certain irrigation area. Principle license to allocate water is provisional stipulation given to developers as guarantee for obtain ing a certain volume of water from certain water sources after irrigation is ready for functioning. The principle license to allocate water contains requirements, among others, designation, debit of wa ter and time of provision. The enhancement of the existing irrigation sys tem includes expansion of irrigation system. Paragraph (2) The need of irrigation for water means the need of water for agriculture. Other interests are interests outside the agri cultural sector. Paragraph (3) Sufficiently clear Paragraph (4) Irrigation network already built completely is for the development of new irrigation network or enhance ment of the existing irrigation networks. Article 33 Paragraph (1) Obtained without license means that the right to use water for irrigation is obtained by farmers in free pf ..... SA of charge through validation in the form of document that the government is active to issuecollectively through groups of farmers using water. The need of water for small~older agriculture means the needof water for agricultural cultivation cov ering various commodities, namely food crop, horticul ture, fishery, animal husbandry, plantation and forestry managed by people with certain size, whose needs for water does not exceed two liter per second per family. The existing irrigation system is irrigation sys tem already built wholly or partly by the government in the irrigation system whose plan has been stipulated by the government upon the enforcement of Law No. 7/ 2004 on Water Resource. Paragraph (2) The right to use water fortirrigation obtained by groups of farmers using water is a right to use water being a totality in an irrigation area. '''paragraph (3) Inclusion of lists of primary, secondary and ter tiary clusters as well as their need for water in the letter of stipulation aims at further strengthening guaranty for farmers. Paragraph (4) The provision applies to new irrigation system and irrigation enhanced on the basisof initiative of farm ers. Paragraph (5) up to paragraph (7) SUfficiently clear Paragraph (8) Evaluation is executed on the basis of among others, change in the availability of water and the use of water, e.g. as a result of natural condition, change in the size of area watered by irrigation network, change in kind of plants and planting season. Evaluation starts from the date of stipulation of this government reguation. Paragraph (9) Sufficiently clear Business News 7399/11-8-2006 Article 34 Paragraph (1) up to paragraph (5) Sufficiently clear Paragraph (6) Evaluation is executed on the basis of among others, change in the availability of water and the use of water, e.g. as a result of natural condition, change in the size of area watered by irrigation network, change in kind of plants and planting season. Evaluation starts from the date of stipulation of this government reguation. Paragraph (7) Sufficiently clear Article 35 Sufficiently clear Article 36 Paragraph (1) Sufficiently clear Paragraph (1) Certain cases are, among others, drought, fire. other need is: a. minimal daily basic need; b. need for overcoming shortage of standard water for drinking water of household; c. need of water for fire extingUisher; d. need for overcoming impacts of water pollution. Paragraph (3) Planting plan contains kinds of plant, planting location, planting schedule and size of planting area. Paragraph (4) Letter a The utilization of irrigation water in an irriga tion area can be optimized by means of, among others, dividing an irrigation area into several categories of groups of irrigated rice fields on the basis of planting pattern and order. The utilization of irrigation water between lrrl gation areas can be optimized by regulating moment of commencement of planting between upstream and downstream ..... .• ... 9A downstream irrigation areas obtaining water from the same source. Letter b Sufficiently clear Article 37 Paragraph (1) The planting plan in a regency/city consists of planting plan formulated by regental/municipal service for irrigation area becoming their authority and plant ing plan formulated by provincial service for irrigation area 'located in the regency/city, which becomes au thority of the province. Paragraph (2) The government authority delegated to gover nors is executed by provincial service. Paragraph (3) up to paragraph (5) Sufficiently clear Article 38 Paragraph (1) up to paragraph (3) Sufficiently clear Paragraph (4) Water resource council constitutes a coordinat ing forum of water resource stakeholders in accordance with their working areas (national, provincial, regentalj municipal or river area). Paragraphs (5) and (6) Sufficiently clear Article 39 Paragraph (1) Delegation of authority to governors aims at ensuring the efficient and effective service for users of irrigation water. Paragraph (2) up to paragraph (5) Sufficiently clear Article 40 Sufficiently clear Article 41 Paragraphs (1) and (2) Sufficiently clear Paragraph (3) Observing the need of water for irrigation means observing recommendations of groups of farmers using water about the need for water not yet accommodated through dialogue between groups of farmers using wa ter and irrigation commissions. Paragraph (4) Sufficiently clear Paragraph (5) Irrigation management executors are site offic ers dividing and distributing irrigation water in an irri gation area, such as water gate guardian, reservoir gate guardian, irrigation officer and irrigation observers. Article 42 Paragraph (1) up to paragraph (5) Sufficiently clear Paragraph (6) Primary cluster means a cluster consisting of several secondary clusters whose water is channeled directly from the primary duster. Secondary cluster is a cluster consisting of ter tiary clusters wholly served-by one secondary channel. Tertiary cluster is a collection of irrigated rice field clusters being a totality and obtaining irrigation water through.a tertiary irrigation network. Measurable means that the irrigation water is divided and channeled by using debit regulator and measuring appliance as well as recorded. Article 43 Paragraph (1) Distributing structure is a structure functioning to distribute water. Absorbing-distribution structure is a structure function to divide water and concurrently channel the water to tertiary cluster. P",rrJort=lnh .... lOA Paragraph (2) . Absorbmq-structure is a structure functioning to ~hannel water to tertiary clusters whose location is stipu ~ated on the basis of agreement of farmers and men tioned in technical plan stipulated by the government.· Technical plan means a plan containing detailed layout and technical pictures in an irrigation area men tioned in the form of a document. Technical plans for irrigation networks becom ing responsibility of the government! provincial govern ments or regental/municipal governments in accordance with their respective scopes of authority are stipulated by the central institution in charge of irrigation affairs! provincial service or regental/municipal service. Technical plans for irrigation networks built by farmers and position of their absorbing structures ar-e stipulated by the farmers. Article 44 t- -.,.~ Sufficiently dear Article 45 . Insufficient supply of irrigation water is attrib utable to shortage of water in the source thus making annual plan for provision of irrigation water unable to fulfill. Article 46 Sufficiently clear Article 47 Using water for irrigation directly taken from source of surface water is! for example, taking water from river, reservoir, lake which is used directly for watering land. Paragraph (2) SUfficiently clear Article 48 Paragraph (1) The development of irrigation network means new development in land where irrigation network has not existed, covering the development of irrigation net works of surface water and groundwater. Paragraph (2) License to develop irrigation network constitutes an unit integrated with license to use water from water source. Design for the development of irrigation net works must guidance for operation and maintenance of irrigation networks. Paragraph (3) Sufficiently clear Article 49 Paragraph (1) Including primary and secondary irrigation net works is irrigation networks of groundwater along with wells and pump installation or main structure and dis tribution networks in micro-irrigation! consisting of drop and bulk irrigation. Paragraphs (2) and (3) Sufficiently dear Paragraph (4) Assistance from the government, provincial gov ernments or reqental/rnunlclpal governments to groups offarmers using water is provtded on the basisof evalu ation of requests from the groups of farmers using wa ter by referring to the criteria stipulated by the Minister, governors or regents/mayors in accordance with their respective scopes of authority and observing the prin ciples of independence to breedinq t~e capability of the farmers in managing lrriqation-networks becoming their responsibility . Paragraph (5) The license is needed because irrigation net works built by business entities, social agenciesor indi viduals are linked to the exlstlnq irrigation networks. Article 50 Sufficiently clear Article 51 Paragraph (1) Enhancement of irrigation networks covers enhancement of irrigation networks of surfacewater and groundwater. Enhancement..... Enhancement of irrigation networks is desig nated to expand the sphere of service, enhance capac ity of channel or enhance the irrigation system, among others, from simple irrigation system to semi-technical, from semi-technical irrigation system and simple irriga tion system to technical, e.g. by means of replacing door and making channel linning. Irrigation networks can be enhanced partially and gradually in accordance with the need. Paragraph (2) Design for enhancement of irrigation networks must cover guidance for operation and maintenance of the irrigation networks. 11A The development of irrigated agricultural-land is among others the creation of irrigated rice field, pond, horticultural land, plantation and/or animal husbandry. Readinessof local farmers aims at ensuring the settlement of development and/or enhancement of irri gation networks in accordance with the moment when farmers need water and are ready for undertaking cul tivation and processing of agricultural commodities. Paragraph (2) Sufficiently clear Article 55 Sufficiently clear ,- 'O".~ .' Paragraph (3) SUfficiently clear Article 52 Paragraph (1) up to paragraph (4) Sufficiently clear Paragraph (5) The license is needed because irrigation net works built by business entities, social agencies or indi viduals are linked to the existing irrigation networks. Article 53 Paragraph (1) Modification and/or removal of irrigation net works are attributable to both the enhancement of irri gation networks and impact of other activities, such as ~he development of drinking-water pipeline, gas pipe line or the building of bridge encompassing primary and secondary irrigation networks. . Paragraph (2) Sufficiently clear . Article 54 Paragraph (1) Executed simultaneously aims at ensuring the realization of the development and/or enhancement of irrigation networks suitable to the agricultural develop ment plan and program. Business News 7399/11-8-2006 Article 56 Paragraph (1) Operation and maintenance of primary, second ary and tertiary irrigation networks include activity of security for irrigation networks and conservation ofwa ter in irrigation area. Paragraph (2) Sufficiently clear Paragraph (3) Executing supervision means that in the case of the operation and maintenance being not suitable to the agreed in irrigation commission, groups of farmers using water can convey reports and/or complaints to the authorized officers/officials. .. Paragraph (4) The agreement made by the government, groups of farmers using water and users of irrigation networks contains annual plan for operation and main tenance, among others, regulation of irrigation water, parts of networks securing priority of maintenance and duration of maintenance. Paragraphs (5) and (6) Sufficiently clear Article 57 Responsibility of groups of farmers using water includes ..... 12A includes tertiary irrigation networks, rural irrigation net works, groundwater irrigation networks, supplying net work in rnicro-lrrlqatlon and parts of irrigation networks built by groups of farmers using water. Article 59 Paragraph (1) Sufficiently clear Paragraph (2) Drying can be realized part by part in accor dancewith the timetable of the need for water in order to prevent the activity from affecting plants needing water. Rescheduling ofprovislon of irrigation water is based on agreement between the government and groups offarmers usingwater as well as notified first to the groups of farmers using water and users of irriga tion networks in not later than 30 (thirty) calendar days before the drying is executed. Article 59 : Paragraph (1) Security for irrigation networks means efforts to prevent human or animal actions potential to dam age irrigation networks. Paragraph (2) Other party means individuals, business enti ties or groupsof communities outsidethe groupsof farm ers using water. Article 60 Paragraph (1) Thedemarcation fine issecurity bordersof chan nels and/or structure of irrigation networks at a certain distancealong the channel and around the structure. Paragraph (2) Sufficiently clear Paragraph (3) Dug means land hole not refilled, which is po tential to affect security of the existing irrigation net works, such as causing leakage, fracture or rupture in the structure. Business News 7399/11-8-2006 Paragraph (4) Kindsof permitted buildlnqs are buildings tech nically not affecting the function of irrigation networks. Article 61 The gUidelinecontains, among others, method, criteria and procedures. Article 62 Paragraph (1) Stipulation of sequence of priority of the need for rehabilitation is based on the level of damage of irrigation networks, sphereof service affected by the damage, limitation of financing, and impact arising from the postponement of improvement of the damage.The data are obtained from results of surveillance of irriga "')n networks. Paragraphs (2) and (3) Sufficiently clear Article 63 Sufficiently clear Article 64 Paragraph (1) up to paragraph (3) SUfficiently clear Paragraph (4) Emergency condition means damageoccurring instantaneously and unpredicted previously, such as Impact of natural disaster a~d/or rupture of embank ment channel. Paragraph (5) Sufficiently clear Article 65 Sufficiently clear Article 66 Paragraph (1) Irrigation management support is, among oth ers, institutions managing irrigation, human resources and supporting facilities, such as office building, telephone, guardinghouse, equipmentwarehouse, landandvehicle. QQraaranh ' ', ....... ·. 13A Paragraph (2) up to paragraph (9) Sufficiently clear Article 67 Paragraph (1) Inventorying of irrigation networks constitutes part of the irrigation asset management carried out ev ~ry year in the form of updating of irrigation network data. Results of the data collectionconstitute substances of annual evaluation of the development and manage ment of irrigation. Paragraph (2) Inventorying of all irrigation assets is executed every 5 (five) years nationally, starting from the date of stipulation of this government regulation. Data result ing from the complete inventorying are used as sub stances in the formulation or evaluation of medium and long-term plan for management of irrigation assets. Paragraphs (3) and (4) Sufficiently clear Article 68 Paragraph (1) Besides being utilizable for the planning of op erational activities of irrigation networks, the planning of irrigation asset management also can be utilized for other planning interests, such as plan for channeling standardwater, providewater for fishery and other land utilization plans. Paragraph (2) The planning of irrigation asset management is done throughout Indonesia, as from the date of stipula tion of this government regulation. Paragraphs (3) and (4) Sufficiently clear Article 69 and Article 70 Sufficiently clear Article 71 Paragraph (1) Evaluation of the realization of irrigation asset Business News 7399/11-8-2006 manaqernent is executed on the basis of results of up dating of data about irrigation networks and other irri gation assets as well as analysis of progress of data resulting from the updating towards the assetmanage ment planalready stipulated. Paragraph (2) Sufficiently clear Paragraph (3) Results of evaluation of the irrigationasset man agement are used input to the management of irriga tion assets in the next year. Article 72 The updating of results of inventorying of irri gation assets is in the form of changein assets of irriga ~ion networks and/or irrigation management support. The updatlnq aims at calculatingagainthe allo cation of the real need figure of operation and mainte nance of irrigation system and ascertaining the value of state goods/property. The updating of results of inventorying of irri .gation assets in the form of recording of irrigation net works not functioning anymore can be done on the ba sis of recommendations already deliberated by involv ing parties concerned and accompanied by comprehen sive study and analysis of technical, economic and so cial aspects. In order to follow up the updating of re sults of the inventorying, the existence of irrigation management support needsto be re-arranged. Article 73 Sufficiently clear Article 74 Paragraph (1) Thefinancingof irrigation networkdevelopment covers costs of planning and realization of irrigation network construction. Paragraphs (2) and (3) Sufficiently clear Paragraph (4) Financial assistance to the development of tertiary ..... t I ! i ! /l 14A tertiary irrigation networks from the government, pro vincial governments and/or regental/municipal govern~ ments is coordinated so as to be able to avoid double financial assistance. The principle of independence' covers indepen dence in the financing, technical capability and institu tional affairs. Paragraph (5) up to paragraph (7) Sufficiently clear Article 75 Paragraph (1) Sufficiently clear Paragraph (2) The real need figure is the amount of cost counted on the basis of the actual need for financing operation, maintenance and rehabilitation of every struc ture and every segment of channel-to maintain the con , dition and function of irrigation networks. Paraqraph (3) Surveillance of networks is an actiVity of direct inspection of condition and function of irrigation net works. Contribution means part of financing, which can be given by groups of farmers using water, in the form of fund, personnel and material. Paragraph (4) Sufficiently clear Articles 76 and 77 Sutflciently clear Article 78 Paragraph (1) Sufficiently clear Paragraph (2) Financial assistance to the development of ter tiary irrigation networks from the government, provin cial governments and/or regental/municipal govern ments is coordinated so as to be able to avoid double financial assistance. Business News 7399/11-8-2006 The principle of independence covers indepen dence in the financing, technical capability and institu tional affairs. Paragraph (3) Sufficiently clear Paragraph (4) Users of irrigation networks are user of irriga tion inspection roads and users of irrigation networks as meant in Article 12 paragraph (2) and its elucidation: Article 79 Sufficiently clear Article 80 Paragraph (1) Coordinating and integrating the planning aims at preventing overlapping or disparity in inter-irrigation area financing. In executing the coordination and integration of the planning for financing the management of irriga tion networks, provincial irrigation commissions can in volve the government, provincial governments, regental/ municipal governments and other parties concerned in the realization of the financing of the irrigation network management. Paragraph (2) Sufficiently clear Paragraph (3) The financing of irrigation network management in every irrigation area is executed in accordance with results of coordination in stipulation of priority of allo cation of irrigation management fund. Paragraph (4) Sufficiently clear Article 81 Sufficiently clear Article 82 Paragraph (1) The government, provincial governments or tegental ...•. regental/municipal governments in accordance with their respective scopes of authority in an integrated manner strive to ensure the availability of irrigation area with a minimal size. The minimal size is that the ratio of the size of one hectareof irrigated agricultural-tand to the need of rice for 2S (twenty five) people. Nationally, the scale can be applied in Indonesia.The ratio can be increased in regions where the availability of land and water is possible. However, preservation is applied to regions already reaching a larger scale. r Paragraphs (2)al1d (3) Sufficientlyclear Article 83 Paragraph (1) Letter a In the case of regional layout plan changing, efforts to replace irrigated land in other location are made. Letterb Sufficiently clear Paragraph (2) Sufficiently clear Paragraph (3) Re-arranqernent of irrigation system is re-regu lationof irrigation system related to technical and ad ministrative aspects, such as position of channel, di mension of channel, updating of results of irrigationasset inventorying and write-off of the financing. Paragraph (4) Sufficiently clear Article 84 Paragraphs (1) and (2) Sufficientlyclear Paragraph (3), Consultative and coordinative meansequitable relations. Business News 7399/11-8-2006 15A Paragraph (4) Sufficiently clear Paragraph (5) In the coordination, the provincial irrigation com missions can involve the regental/municipal govern ments. Paragraph (6) up to paragraph (8) Sufficiently clear Article 85 Paragraph (1) The supervision covers supervision over state owned irrigation systemsand irrigation systems built by communities. Paragraph (2) Disciplining means an activity to secure and improve irrigation networks to ensure their conditions and functions to remain well-maintainedaswell as pre vent deviations in the development and management of irrigation system. Paragraphs (3) and (4) Sufficiently clear Paragraph (5) The provided information about the develop ment and management of irrigation system includes ir rigationsystems built by the government, provincial gov ernments, regental/municipal governments, groups of farmers using water, business entities, social agencies and individuals. Paragraphs (6) and (7) Sufficiently clear Article 86 up to article 88 Sufficiently clear SUPPLEMENT TO STATUTE BOOK OF THE REPUBUC OF INDONESIA NO. 4624 ===( AL)===