Water (General) Rules (Cap. 372)

Rev. 19721 Rules under section 182 Water CAP. 372 93 [Subsidiary] THE WATER (GENERAL) RULES I'REuMINARY I. These Rules may be cited as the Water (General) Rules. 2. In these Rules, except where inconsistent with the context "acre-foot" means the quantity of water that will cover an impervious area one acre in extent to a depth of one foot, or in other words forty-three thousand five hundred and sixty (43,560) cubic feet or approximately two hundred and seventy-one thousand four hundred and seventy (271,470) gallons; "brake horse-power" or "B.H.P." means the horse-power made available for useful work by any prime mover at the main pulley or main shaft of the said prime mover: Provided that, in the case of a hydraulic ram, "brake horse power" or "B.H.P." means the horse-power made available for useful work in pumping water; and in all cases brake horse-power, obtainable from the use of water, shall be determined as the product of the following factors (a) the flow of water utilized expressed in cubic feet per second; (b) the average available static head in feet; (c) the factor 0.09: Provided that, jf the static head has not been established by survey, the chairman shall make an estimate thereof from the data available; "canal" means any surface drain, ditch, furrow, channel, flume or other conduit for conveying water, the surface of which is at atmospheric pressure; "cubic foot" means a volume equal to the volume contained in a cube each of whose sides is one foot in length; "cubic foot per second" or "cusec" means a flow of water that will deliver one cubic foot of water in one second of time or sixty cubic feet in one minute, or in other words approximately three hundred and seventy-three and eight-tenths (373.8) gallons per minute or five hundred and thirty-eight thousand four hundred and fifty-three (538,453) gallons per day or one and ninety-eight hundredths (1.98) acre-feet per day; "day" means a day of twenty-four hours; "duty of water" means the efficiency of water with respect to the irrigation of a given area of land. and is said to be high or low as the quantity of water required for such an area is small or large respectively; "easement of aqueduct" means an easement for the passage of water: "easement of storage" means an easement for the storage of water by the construction of a dam, weir, obstruction or other works, with the consequent submergence of the area covered by stored water, but in this connexion does not include an easement of work; G.N. 1054/1953, LN. 362/1957, L"l.312/1958, LN.419/1958, L.."l. 546/1958, L"l.12/1959. L.."l.325/196O, LN. 623/1960, LN. 228/1961. L.."1.256/1963. L"1.741/1963, L"1.374/1964. 94 CAP. 372 Water [Rev. 1972 [Subsidiary] Cap. '13. "easement of work" means an easement for the construction of a darn, weir, embankment, training works, pump, turbine, power-house and other ancillary works, but does not include an easement for storage, except when the water stored is obtained from a well; "flow" means a volume of water passing a cross section of a body of water, watercourse or works in a unit of time; "gallon" has the meaning assigned to it in the Weights and Measures Act; "horse-power" means thirty-three thousand (33,000) foot-pounds per minute of time; "plan" means map or drawing; "pound" means pound avoirdupois as defined in the Weights and Measures Act: "pressure conduit" means any closed conduit for the conveyance of water, the pressure in which conduit is normally other than atmospheric; "Rules" means rules made under the Act; "rules" means rules of an association of operators, submitted to and approved by the Water Apportionment Board; "temporary works" means works not being a part of the works authorized, and includes any temporary diversions, abstractions, obstructions or storage of water, any coffer-dams, bridges, cableways, pipes. canals, aqueducts, culverts, flumes, excavations, borrow-pits, embankments, quarries, trenches, tunnels, tramways or light railways, haulage gears, pumps, foundations, the levelling and cleaning of land, the removal of earth, rocks or trees, or any other device or thing used for or during the construction of such works; "weir" means an obstruction placed across the bed of a water course or body of water to raise its level for the primary purpose of abstracting or diverting water, or of arresting or retarding its flow, but not of storage. UNITS 3. For the purposes of, and in connexion with, these Rules (a) the unit of measurement of volume shall be either the acre-foot or the cubic foot; (b) the unit cubic foot per second, or cusec, shall be the unit of measurement of flowing water: Provided that if the flow is expressed in gallons per day it means the number of gallons per day flowing uniformly throughout the day. or in other words the flow per minute shall be equal to the number of gallons per day divided by one thousand four hundred and forty; £C)the unit brake horse-power shall be the unit of measurement of power; (d) the weight of water shall be taken as sixty-two and four tenths (62.4) pounds per cubic foot; It·) the duty of water shan be expressed either as (i) the depth of water applied for a stated period over the area actually irrigated; or Rev. 19721 Water CAP. 372 95 (ii) the number of acres actually irrigated per cusec of water (measured either at the intake or at the point of application) applied to the area or areas actually irrigated. FEES 4. There shall be levied, for each of the services specified in the First Schedule to these Rules, subject to the conditions and qualifica tions contained therein, the fees respectively thereby prescribed. QUALIFIED ENGINEERS 5. No person shall carry out the work of a qualified engineer under the Act unless he has, since the commencement of these Rules, been licensed by the Water Apportionment Board, 6. The following persons only shall be entitled to apply for a qualified engineer's licence (a) a person who is a corporate member of the Institution of Civil Engineers or is a member of an Engineering Institution or Society of equivalent status; or (b) a person who has graduated from any recognized University and who has had at least four years practical experience in the design and construction of hydraulic works, including surveying. 7. (I) The Water Apportionment Board, after receipt of an application for a qualified engineer's licence, may require the attend ance before it of the applicant, and may examine or question him on any matter relevant to his application, (2) If the Water Apportionment Board is satisfied that the applicant is a fit person to be licensed, it shall issue a licence for such period and on such conditions as it may deem desirable. 8, (1) The Water Apportionment Board shall keep a register of all licences issued under rule 7 of these Rules, and every registration made in or deleted from such register shall be notified in the Gazette, (2) The Water Apportionment Board shall, once in every year and as soon as convenient after the lst January, publish in the Gazette a list containing the names of all licensed qualified engineers. 9. (I) If a complaint is made to the Water Apportionment Board that any person licensed as a qualified engineer under these Rules (a) has become incapable of carrying out the work of a qualified engineer; or (b) has become unfit, through any reason, to practise as a qualified engineer; or (e) has failed to comply with the conditions of his licence or anv provisions of the Act or any reasonable requirement of th~ Water Apportionment Board or the chairman, the Water Apportionment Board shall hold an inquiry, and if after such inquiry the Board is satisfied that the complaint has been justified it may order that the licence of the person complained of shall be cancelled and his name deleted from the register of qualified engineers, [Subsidiary) 96 CAP. 372 Water [Rev. 1972 (Subsidiary] (2) The person against whom a complaint has been made shall be entitled to appear and be heard at such inquiry. (3) Any person whose licence has been cancelled and whose name has been deleted from the register of qualified engineers under para graph (I) of this rule may, within sixty days of the date of notification of such cancellation and deletion, appeal to the Minister, whose decision shall be final. 10. No certificate, document or plan required by the Act or these Rules to be signed by a qualified engineer shall be valid unless signed by a person whose name is in the register referred to in rule 8 of these Rules: Provided that, for the purposes of this rule, an officer of the Government under the Minister or the Minister for the time being responsible for public works, or an officer of the East African Rail ways Corporation, who is working within a civil engineering organiza tion shall, if he is authorized so to sign by his Permanent Secretary or Head of Department. be deemed to be a person whose name is in the said register. II. Any person who wilfully and falsely takes or uses any name, title or addition implying that he is a qualified engineer licensed under these Rules shall be guilty of an offence. ASSOCIATIONS OF OPERATORS 12. Every association of operators formed under section 40 of thc Act shall be known by the name of The (naming it) Water Association, 13. No permit shall be granted under section 40 of the Act unless the rules set forth c1early (a) the name of the association; (b) that a majority of votes shall decide the method by which any works shall be constructed or maintained, the repairs, renewals or like tasks to be done, the assessments to be levied therefor and for the expenses of the association, and the extent, manner and time of levying such assessments; (e) that a manager (which term shall include a committee of management) shall be appointed by a majority of votes, and that the manager so appointed shall represent such associa tion; that he may sue and be sued in the name of the association for assessments and otherwise, and shall have the power to bind such association by contract; (d) that any member making default in payment of any assess ment after receiving notice from the manager certifying the amount due to him shall, if such amount is correct, be personally liable therefor in any court of competent juris diction; (e) that any member of such association who transfers or disposes of the land to which his licence, sanction or permit is appurtenant, or who abandons his licence, sanction or permit, or whose licence, sanction or permit is cancelled or determined, and who has served a notice of such transfer. disposal, abandonment or cancellation, as the case may be, upon the manager of the association and filed a copy thereof Rev. 1972J Water CAP. 372 97 with the Water Apportionment Board, shall cease to be a member of such association, but that he shall in any event be liable for his proportion of any indebtedness of the associa tion which may have been incurred before such transfer, disposal. abandonment or cancellation. 14. The manager of an association shall keep a correct account of its assets and liabilities, together with the names of the members and the proportion of participation of each, and shall file it among the papers of such association. 15. (1) Save as provided in section 120 of the Act, no person who ceases to be a member of an association shall in any way interfere with or use any works under the control of such association. (2) Where any works situated on land owned or occupied by a member of an association are necessary for or incidental to the project of such association, the association shall, on such person ceasing to be a member, be deemed to have acquired an easement entitled it to enter such land in order to operate such works and carry out such repairs as may be necessary. 16. (I) No member of an association shall sell, transfer or otherwise dispose of any land, or any portion thereof, which affects a licence, sanction or permit issued to an association under the Ordinance or these Rules, unless he first notifies the manager of the association, and the Water Apportionment Board, of the name and address of the person to whom such sale, transfer or disposal is intended to be made. (2) Any such sale, transfer or disposal shall be effected only subject to the written condition that the person so acquiring the land shall be bound by all the obligations owed to the association in respect of such land: Provided that the manager of such association may in writing exempt any person from all or any of the provisions of this rule, subject to such conditions, if any, as he may consider necessary. (3) Any person contravening the provisions of this rule shall be liable to compensate the association concerned for any loss or damage arising from such contravention. 17. (1) Upon the dissolution of an association, the licence, sanction or permit issued to the association or to individual members thereof shall be returned to the Water Apportionment Board, which may cancel such licence, sanction or permit or take such other action as it thinks fit in connexion therewith. (2) U. on account of a member of an association ceasing to be a member, the works of such association have become too large for the economical conveyance or use of any reduced quantity of water, the Water Apportionment Board may order that such works shall be altered to meet existing conditions, or may cancel the licence. sanction or permit. 18. An association shall not store or convey water for any person not a member of such association, unless such person is a licensee or sanction or permit holder and the rights of members of such association are not prejudiced thereby. [Subsidiary] 98 CAP. 372 Water [Rev. 1972 [Subsidiary] 19. (1) Any rules made by an association of operators relating to the distribution of water and all tolls chargeable therefor shall be subject to the approval of the Water Apportionment Board. (2) The manager or any member of an association of operators who fails to comply with the provisions of these Rules relating to an association of operators shall be guilty of an offence. CONTROLLING AND MEASURING DEVICES 20. No person, other than the chairman or an officer appointed by him for the purpose, a water bailiff, an operator or any person appointed or instructed by the operator, shall interfere with any weir. flume, sluice gate, valve, controlling or measuring device or other works of operators. 21. An operator who interferes with, or who knowingly permits any person to interfere with, any controlling or measuring device so that the quantity of water abstracted, diverted or stored is not in accordance with the terms of his licence, sanction or permit, or not in accordance with the terms of an order of the Water Apportionment Board or a water bailiff, shall be guilty of an ollence. 22. An operator shall inspect, or cause to be inspected, at such intervals of time as may be necessary, any controlling or measuring device prescribed in his licence, sanction or permit in order to ensure that the quantity of water abstracted, diverted or stored is in accord ance with the terms of his licence, sanction or permit or in accord ance with the terms of any order of the Water Apportionment Board or of a water bailiff. 23. (1) Every adjustable device or controlling device, including any sluice gate, valve or other work, where such device or work is used to control the quantity of water diverted, abstracted or stored, shaJI be provided by the operator with a means of locking it sufficiently to prevent any unauthorized person from interfering with it. (2) The key of such locking device or work shall be produced fonhwith to the chairman, or officer appointed by him, or to a water bailiff. when so required. 24. Any person who without authority opens, or permits any penon (0 open, any controlling device or work closed by order of the Water Apportionment Board, the chairman or a water bailiff in the execution of its or his duty shall be guilty of an offence. SMALL POWER SCHEMES 25. (1) Any person desiring to divert and use water for power purposes from works situated entirely within property owned ov Ilim or within a reserved area, and to return such water to the body of water from which it has been diverted, and whose works are capable ouly of developing a maximum brake horse-power of less than twenty, may apply to the Water Apportionment Board for a permit in that behalf, and the provisions of this rule only shall, unless the Water Apportionment Board otherwise decides, apply to such application. Rev. 1972J Water CAP. 372 99 (2) The application shall be made in form W.A.B. 24 in the Second Schedule to these Rules, or in such other manner as the Water Apportionment Board may require, and shall be accompanied by a sketch map on such substantial material, in ink or such other process, as is acceptable to the Water Apportionment Board. (3) Such sketch map shall be drawn approximately to scale, signed and dated by the applicant or his authorized agent, and shall show (a) the course of the body of water; (b) the proposed point of diversion; (c) the proposed point of utilization of the water; and (el) the proposed point of return of the used water. (4) An applicant under this rule shall submit such further particulars, if any, as the Water Apportionment Board may require. (5) The Water Apportionment Board shall consider such applica tion, and may issue a permit on such terms and conditions as it thinks fit, or may refuse it. (6) Any person who, not being in possession of a permit granted for that purpose, diverts water in the manner described in this rule shall be guilty of an offence. TE!'IPORARY WORKS 26. (I) Any person constructing temporary works shall be entitled to divert, abstract, impound, obstruct, store or use water to such extent only as may be necessary for such construction, and shall do so at such times and in such manner as to interfere as little as possible with the works of other operators and to cause as little damage as possible to the property of any person. (2) A person constructing works shall be liable to pay compen sation for any such interference or damage. 27. All temporary works shall be removed by the operator responsible within a period of three months, or such other period as the Water Apportionment Board may specify, from the date of completion of the works authorized or from the date of determination of the authorization (whichever is earlier); Provided that any quarries, borrow-pits, excavations, cuttings. tunnels or other temporary works which cannot be economically removed shall instead be rendered safe in the interests of health and property by fencing or such other measure as the Water Apportion ment Board considers satisfactory. PLANS AND SPECIFICATIONS 28. (I) Except as otherwise provided, any plan filed in accordance with these Rules shall be either (a) in duplicate, the original of which shall be on tracing cloth, drawn in indian ink or other indelible manner acceptable to the Water Apportionment Board, and shall be retained by the Board; and the duplicate shall be such blue or other print on sensitized paper as is acceptable to the Board; or (Subsidiary) 100 CAP. 372 Water [Rev. 1972 ISubsidiary) (b) in triplicate, one copy of which shall be on such substantial linen-backed material or sensitized linen as is acceptable to the Water Apportionment Board; and the other copies shall be such blue or other prints on sensitized paper as are acceptable to the Board: Provided that no sensitized print which has been pasted or gummed on linen or other material shall be accepted by the Water Apportionment Board. (2) All plans shall be rolled and not folded. 29. (I) Every plan shall have a ~lJe. in which shall be incorpora ted the name of the applicant and die name of the body of water concerned in the application to which it relates. (2) A space not less than It indies wide by 8 inches long in the lower left-hand corner of the drawing shall, where practicable, be reserved for use by the Water Apportionment Board. 30. Except where otherwise specially provided in these Rules or at the discretion of the chairman. every longitudinal section shall be drawn to the same horizontal scale as the corresponding plan, and shall show the intended level of the proposed works, the height of every embankment, if any, and the depth of cutting, and shall like wise show a horizontal datum line. 31. Every plan shall be drawn to such a scale as will permit of all the details being legibly recorded, and where a scale has been prescribed shall not be drawn to any less scale: Provided that the chairman, at his sole discretion, may accept plans drawn to other scales. 32. (I) Every plan shall be signed and dated by the person making it, and, if it is made by any person other than the applicant to whom it relates, the applicant or his lawfully authorized agent shall also approve, sign and date it (2) Every plan prepared by a qualified engineer shall have endorsed thereon a certificate in tbe following form CERTIFICArs I/We . . . . .. of . hereby certify that this plan was made by me/us [or under my/our direction] and that it correctly represents the places, lands, areas and works shown thereon. Qualified Engineer[s]. 33. (I) Every plan on tracing doth shall be drawn and lettered neatly with waterproof drawing ink. and shall be prepared so as to print clearly on sensitized paper. (2) Every plan. other than those on tracing cloth and unamended prints therefrom, shall be drawn OIl linen-backed material or other substantial material acceptable to the Water Apportionment Board, and shall be drawn and lettered neady with waterproof drawing ink. Rev. 19721 Water CAP. 372 101 34. All reduced levels or elevations shown on any plan, or set of plans. longitudinal sections or cross sections of any work or works shall be to the same datum, and reference shall be made on at least one sheet of any set of plans, longitudinal sections or cross sections indicating the datum used, and also the positions of all bench marks, which shall be properly located and described on the general map (and of which bench marks one shall be in the immediate vicinity of the point of diversion. abstraction or storage), from which the datum may be gained. 35. Every plan shaIl have clearly marked thereon the scale or scales, and when the nature of the plan allows it shall have the north point, true or magnetic, or both, shown thereon. 36. Except where otherwise expressly provided, with every application for a permit the foIlowing plans shall be submitted in duplicate (a) a general plan; (b) if such plan necessitates the filing of three or more separate sheets. an index plan to a scale of not less than one inch to one mile; (c) such detail plans as are required under these Rules or as may be required for a better understanding of the applicant's proposals: Provided that detail plans need not be submitted until the application has been conditionally approved by the Water Apportionment Board. or until such time as they are caIled for by the chairman. 37. Every plan shall be given a registered number by the Water Apportionment Board, and shall thereafter be referred to by such number: Provided that when a plan is amended the amended plan may, if the chairman thinks fit, be given an amended number: and the date on which any plan is amended, together with the nature of the amendment, shall be marked on such plan. 38. Where in any project requiring a plan or plans to be submitted under these Rules (a) the total quantity of water to be used exceeds (i) three cusecs for irrigation purposes; or (ii) two hundred thousand gallons a day for any other purposes: or (b) the quantity of water to be stored exceeds fifty acre-feet; or (e) the maximum. depth of water impounded by the dam or weir measured from stream bed level (or ground level where no stream exists) to spillway cill level is more than 16 feet; or (d) it is proposed to develop power exceeding one hundred brake horse-power (B.H.P.): or (e) tbe project is liable to cause poIlution; or [SubsidiaryJ 102 CAP. 372 Water [Rev. 1972 [Subsidiary] (f) the Water Apportionment Board so directs, the applicant shall submit such of the detail plans referred to in rules 39 to 48 of these Rules as are applicable, and such plans shall be prepared by a qualified engineer unless the Water Apportionment Board otherwise perrnits : Provided that, if in the opinion of the Water Apportionment Board the nature of the works is such as not to require the submission of detail plans, the chairman may in writing dispense with such requirements or part thereof. 39. (I) Where the maximum depth of water impounded by the dam or weir measured from stream bed level (or ground level where no stream exists) to spillway cill level is not more than 16 feet, there shall be submitted the following plans of the dam or weir when required by the Water Apportionment Board (a) a sketch longitudinal section on the centre line of the dam, showing-s (i) the existing ground level; (ii) the crest of the dam; and (iii) the position of the spillways, sluiceways, sluice pipes or other outlet works, if any; (b) sketch-dimensioned cross-sections of the dam, showing (i) the nature of the foundation and the stream bed; (ii) the materials of which the dam is to be constructed; (iii) the level of the invert and details of the outlet works, if any; (iv) the level of the existing river bed; (v) the full supply level; (vi) the high flood level; (vii) the maximum height of the dam above lowest foundation level; and (viii) in the case of earth dams, the details of the core walls, if any, and of the precautions to be taken to prevent the erosion of the bank by wave action; (e) any plan showing the levels of head water and tail water and any details of any works up-stream or down-stream of the proposed works which would be affected by the bead and tail waters of the proposed works. (2) In each such plan levels shall be referred to a datum line to be shown thereon. 40. Where the maximum depth of water impounded by the dam or weir measured from stream bed level (or ground level where no stream exists) to spillway cill level is more than 16 feet, the plans of the dam or weir shall, unless the Water Apportionment Board decides otherwise. include (a) accurate longitudinal and cross sections, on which, in addition to the information specified in rule 39 of these Rules, there shall be shown a graphical log, properly located tbereon, of such boring, test pit or other exploration as may have been Rev. 19721 Water CAP. 372 103 made. together with a brief description of the character and dip of the underlying material and, if possible, the position of the solid rock line; (b) longitudinal sections along the waste weir channel or spillway from the point of ingress to the point of egress, showing the nature of the materials through which it will be constructed, the existing ground line, the proposed bed level and the position of all features such as cut-off, curtain walls, spillway, control gates and the like; (e) type cross-sections of the waste weir channels, on which shall be marked the calculated velocity of the water and the full supply depth and the discharge capacity of the channel at full supply depth, and the nature of the materials in which it will be constructed; (d) full details of the outlet works; (e) such stress diagrams and calculations as the Water Apportion ment Board may require; (f) an estimate of the maximum flood flow expected at tbe dam and the capacities of the spillways at high flood levels; (g) the levels of head and tail waters and details of any works up-stream or down-stream of the proposed works which might be affected by the head and tail waters of the proposed works; and (h) a datum line,to which all levels shall be prepared. 41. In addition to the plans required for the dam. weir or other structure for raising the level of the water, the following plans shall be furnished, when so required by the Water Apportionment Board in the case of works involving storage-s (a) when the volume of the impounded water at full supply level will not exceed I00 acre-feet, a plan to a scale of not less than 1 inch to 500 feet, showing (i) the approximate position of the contour at full supply level and at estimated maximum high flood level; (ii) the approximate capacity in acre-feet and the area in acres of the reservoir at full supply level; (iii) the area on each farm or other piece of land which will be affected at high flood level; and (iv) the nature of the material forming the bed and sides of the reservoir (for example, "porous soil", "volcanic ash", "clay" and so on); (b) when the volume of the impounded water at full supply level will be greater than 100 acre-feet, a contour plan, prepared by a qualified engineer, of the reservoir site. to a scale of not less than I inch to 500 feet, showing (i) such contours as the Water Apportionment Board may require; (ii) the original high and low water levels of the water surface; (iii) the proposed high and low water levels of the water surface, which levels shall be shown by a green line; [Subsidiary] 104 CAP. 372 Water [Rev. 1972 [Subsidiary] (iv) the area on each holding which will be submerged at the proposed maximum high flood level; (v) the nature of the material forming the hoed of the reservoir; and (vi) a table showing the capacities at each contour interval at the full supply level and the high flood level; and the capacities shall be stated in units of acre-fed. 42. (I) In every case where a canal is to be constructed, there shall be submitted, when so required by the Water Apportionment Board, a site plan drawn to a scale of not less than I in 5.000 and a longitudinal section of the canal with a sufficient number of typical cross sections to illustrate the forms which the canal, when con structed, will take. (2) The following particulars shall be shown on the Longitudinal section (a) the original ground levels and the nature of the ground traversed; (b) the bed levels of the canal and the bed gradients; (c) the full supply depth and freeboard; (<I)the bed width and side slopes; and (e) the calculated velocity and discharge at full sUPP'Y depth. (3) The cross section shall also show such of the above particulars as are relevant, and the position of each cross section shall be shown on the longitudinal section. 43. (I) Where a canal is to be constructed and the carrying capacity at full supply level is expected to exceed three cusecs for any purpose other than a power purpose, all plans shall be prepared by a qualified engineer, unless the Water Apportionment Board decides otherwise, and there shall be submitted, in addition to the plan required by rule 42 of these Rules, an accurate !ongitudinal section of the proposed canal, on which shall be recorded, in addition to the information required under rule 42 of these Rules, me position of all structures in connexion with the canal, the natural surface and proposed bed levels, full supply depths, proposed gradients and top level of embankments. (2) The scale of such longitudinal section shall not be less than 1 inch to every 500 feet horizontal and not less than 1 indl to every 10 feet vertical or shall be such other scales as the chairman may in writing approve. 44. For alI the structures, including regulators, escapes, spillways, drops, chutes. rapids, flumes, syphons, tunnels, outlets, bri~es, railway crossings, canal crossings, culverts, overchutes, gauging deeices, valves or any other apparatus, device or thing, in connexion with canals or pressure conduits, there shall be submitted, when required by the Water Apportionment Board. plans showing plan views. elevations and general cross sections, drawn to a scale of not less than 16 feet to one inch, except where any structure is 200 feet ox more in length, when the plan view and elevations may be shown to a scale of not less than one inch to 50 feet. Rev. 19721 Water CAP. 372 105 45. (I) Whenever the quantity of water to be diverted by means of a pipeline or other pressure conduit is less than 200,000 gallons per day, there shall be submitted, when required by the Water Appor tionment Board, a sketch longitudinal section, on which shall be marked the low and normal water levels and the bed level of the body of water, at the intake from which the water is to be diverted or abstracted, the location of any works such as pumping plants, intake levels, pressure tanks and stand-pipes, and the internal diameter and material of the pipes, with the invert level of the pipe at which any changes in size or material occur, and the level of the pipe at the point of discharge; and the scales used shall not be less than 1 inch to 500 feet horizontally and I inch to 25 feet vertically, or such other scales as the Water Apportionment Board may approve. (2) Whenever the quantity of water to be conveyed by means of a pipeline or other pressure conduit is greater than 200,000 gallons per day, there shall be submitted, when required by the Water Apportion ment Board, an accurate longitudinal section to a horizontal scale of not less than I inch to 500 feet and a vertical scale of not less than I inch to 25 feet. on which shall be shown the low. normal and high flood levels, and the bed level of the body of water at the proposed intake, the invert levels, the hydraulic gradients of the pipeline, the natural surface of the ground, the location of any works such as pumping plants, pump house, intake wells. stand-pipes, air valves, break pressure tanks and valves, and the internal diameter and material of the pipes, with the invert levels of the pipes at the points at which changes in size or material occur. (3) The provisions of this rule shall not apply to the distribution or reticulation of any water works for any community, public or urban project, or water undertaker. 46. If a permit is required for a power pupose for the develop ment of more than 100 brake horse-power. there shall be SUbmitted. when so required by the Water Apportionment Board, a contour plan, to a scale of not less than 1 inch to 100 feet, with a contour interval of not more than 5 feet, showing the proposed location of the power house and other buildings and the point of return of the water, for each power-house site that will be a part of any project. 47. If a permit is required involving reclamation and drainage, there shall be submitted. when so required by the Water Apportion ment Boad, in addition to the general map required by rule 51 of these Rules (a) a detail plan, showing the present area flooded or waterlogged, and the area proposed to be unwatered or reclaimed; (b) detail plans of the proposed works for lowering the level of the water, showing how the water will be carried away and where it will be discharged. 48. Whenever water is used, or proposed to be used, in any works or in any process whatsoever which, in the opinion of the Water Apportionment Board. may cause pollution or any of the things forbidden in rule 72 of these Rules, there shall be submitted, when so required by the Water Apportionment Board, a plan showing (a) the proposed or existing works for the disposal or purification of the effluent; [Subsidiary1 106 CAP. 372 Water [Rev. 1972 [Subsidiary] (b) a detailed description or specification of the works, methods or processes used or to be used in the purification of the effluent. 49. All designs of earth dams, except as hereinafter provided, shall be prepared in accordance with the following minimum conditions (a) the line of saturation above the foundation shall in all cases be contained within the cross section of the dam; (b) adequate freeboard, which in no such case shall be less than 2 feet above high flood level, shall be provided for; (c) the side slopes of the dam shall be such that there is no possibility of the earth, or other material used in its construc tion, sloughing or slipping; (d) whenever an outlet pipe or scour pipe is carried underneath an embankment, it shall, unless the Water Apportionment Board decides otherwise, be surrounded throughout its entire length by concrete, which shall rest throughout its length on solid rock or in a trench in undisturbed soil; and concrete or other collars, approved by the Water Apportionment Board, shall be provided to prevent the percolation of water along the lines of the junctions of the concrete surround to the said pipe and the earth in the embankment. 50. An applicant shall, when so required by the Water Apportion ment Board. submit a specification, which shall include the following (a) a general statement outlining the extent and purpose of the proposed works; (b) statements in detail of all data upon which the design is based, including stream measurements, rainfall. stream flow, evaporation records, drainage areas and any other pertinent information; (e) specifications covering the materials to be used and methods of construction; (d) if the application is for a power purpose, a statement of the proposed type, number and rated capacity of the water wheels and generators to be installed.; and (e) such further details as may be required by the chairman. DRAINAGE AND RECLAMATION OF SwAMPS 51. Every application for a permit to drain or reclaim a swamp shall be in form No. W.A.B. 5 in the Second Schedule to these Rules, and shall be accompanied by a general map. drawn in indian ink or by means of other indelible process acceptable to the Water Apportionment Board on tracing cloth or other substantial material to such a scale as will allow all requisite details to be legibly recorded, signed and dated by the applicant, showing the boundaries of the swamp, the position of the body of water it is proposed to drain and the position of any dams, weirs, canals. channels, watercourses, bodies of water, flumes, wells, surface drains. subsoil drains or other worts and lands, if any, which may be affected, the names of the land holders and the land registration numbers and boundaries of the farms affected by the proposed works. Rev. 1972] Water CAP. 372 107 52. (1) Whenever any proposal for the drainage and reclamation of a swamp involves the subsequent use by the applicant of all or any of the water conserved by the drainage or reclamation of such swamp, the applicant shall submit an application for a permit for the diversion, abstraction, storage or use of such water, and shall show, if possible. by gauging the flow of the stream at suitable points the expected conservation of water due to such drainage or reclamation. (2) All gaugings for this purpose shall, where conveniently possible, be made by means of a gauging weir or current meter. 53. Whenever a canal is used for the purpose of passing any water around or through a swamp, the bed of such canal shall be graded to the satisfaction of the Water Apportionment Board, and the side slopes thereof shall be constructed so that no sloughing of the banks occurs. 54. (1) No works involving he drainage of a swamp shall deprive of reasonable access to water any landholder with a licence, sanction or permit relating to such body of water except by agreement or on payment of compensation. or on supplying water from other sources or by other means, and the applicant concerned shall submit to the Water Apportionment Board all plans and documents showing his proposals to provide such Iandholder with access to water, and any agreements to this effect, and he shall, if his proposals include any works for supplying such landholder with water, submit an application for a permit. (2) Any question as to whether such access, compensation or supply is reasonable shall be decided by the Water Apportionment Board. 55. (1) If, owing to any works being constructed for the drainage or reclamation of a swamp. a body of water which constitutes the boundary of two or more properties ceases to flow between or to separate such properties or is diverted into a new course, the bound aries of such properties shall, unless readjusted by mutual agreement between the parties concerned, remain as before. (2) When such body of water is diverted into a new course the Water Apportionment Board may, under section 31 of the Act, declare the new course to be a watercourse, and may require the original course to be retained as a flood channel. WATER POWER 56. (I) Every permit to develop an amount of power less than the full power potential of the site may be subject to special conditions if the Water Apportionment Board consider that the full power develop ment of the site at a later date may be required. (2) If an existing operator is unable, or unwilling, to enlarge his works to develop the fun power potential of the site, and it is considered by the Water Apportionment Board to be in the public interest to do so, the Watz:r Apportionment Board may cancel the licence, sanction or permit and authorize the works to be carried out by another person. (3) When action is taken under paragraph (2) of this rule, the former operator shall be entitled to a supply of power from the new operator at a price and under conditions equivalent to those existing before the cancellation of the licence or permit. [Subsidiary] 108 CAP. 372 Water fRev. 1972 [SubsidiaryI (4) For the purpose of ascertaining the power developed or capable of development under any licence or permit. the Water Apportionment Board shall have free access to all books, plans and records bearing on the quantity of power developed. and may do such other things as may be necessary for such purpose. 57. A permit issued for a power purpose shall at all times be subject to any enactment affecting the construction and operation of works for the supply of power therefrom. ABANDONED WORKS 58. Abandonment or cancellation of a licence, sanction or permit or any part thereof shall not have the effect of relieving the owner of the land or undertaking to which the licence, sanction or permit is or was appurtenant of liability for any damage resulting from the works constructed, operated or maintained by the operator, or from any defect or insufficiency in the works. 59. The Water Apportionment Board may. within six months of the cancellation or determination of a licence, sanction or permit. serve upon the operator or former operator whose licence. sanction or permit has been cancelled or determined an order for the disposal of all or any portion of the works previously used under the authority of the licence. sanction or permit. 60. Any peson who fails to comply with any order made under rule 59 of these Rules shall be guilty of an offence. WATER BAILIFFS 61. When it appears to the Water Apportionment Board that the water of any body of water is not being divided in accordance with the rights of operators or any other persons entitled thereto. or is not likely to be so divided unless the division thereof is placed under the control of a disinterested person, the chairman may appoint one or more water bailiffs for such period as he may deem necessary or he may appoint one or more water bailiffs for one or more bodies of water or for any locality. 62. (I) The following persons shall perform the duties and have the powers of water bailiffs (11) any person holding the post of water bailiff on the establish ment of the Ministry for the time being responsible for water; (b) any other officers of that Ministry authorized in that behalf by the chairman; (e) persons other than officers of that Ministry, appointed by the chairman by notice in the Gazette. as water bailiffs, which persons may receive such payment in respect of their services as the Minister may determine. (2) Every person appointed to perform the duties and have the powers of water bailiffs shall carry a letter of appointment, and shall produce it when required in the performance of his duties. Rev. 1972] Water CAP. 372 109 63. (I) The cost incurred by the Minister owing to the appoint ment of a water bailiff under rule 61 of these Rules shall, if so decided by the Minister, be paid by the operators or other persons entitled to abstract, divert, store or use water from the body or bodies of water under the control of the water bailiff, in such proportions as the Water Apportionment Board or the chairman may from time to time assess. (2) In assessing such proportions the quantity of water used by each operator or other person, and the purpose for which such water is used. may be taken into account. 64. (I) The amount of the costs to be paid, under rule 63 of these Rules, by each operator or other person shall be a debt due to the Government, and shall be payable to the Water Apportionment Board within thirty days of the date of notiiication of assessment, and if such amount is not paid within the said thirty days the water bailiff may take whatever action may be necessary to prevent the abstraction, diversion, storage or use of any water by the person 10 default, and no further water shall be diverted, abstracted. stored or used until the amount due has been paid. (2) When so required by the Water Appor:ionment Board or the chairman, each operator or other person diverting, abstracting, storing or using such water shall deposit with the Water Apportionment Board such sum of money as it may specify to cover the anticipated costs of the appointment of such water bailiff. 65. A water bailiff shall have the power and duty to divide and regulate the water of a body of water among the operators or other persons lawfully using water therefrom, including the distribution of water among the users of any association of operators or of partner ship works, according to the rights of each, a. in accordance with the instructions of the Water Apportionment Board. or in order to prevent waste of water, and in carrying out such duty he may shut, fasten or regulate, or cause to be shut, fastened or regulated, any works used fa. the purpose of utilizing such water: Provided that a water bailiff appointed under paragraph (e) of rule 62 of these Rules shall exercise such powers and perform such duties within the locality for which he is appointed as may from time to time be decided in each case by the Water Apportionment Board. 66. Whenever in the performance of his duties a water bailiff regulates any controlling or measuring device. it shall be his duty to attach to such device a written notice, properly dated and signed by him. setting forth the fact that the device has been properly regulated and is wholly under his control, and such notice shall be legal notice to aD parties interested in the division and distribution of water of any canal reservoir or other work on which such device is fixed. 67. (I) Any person who may be injured by the action of a water baiIitI in the exercise of his duties shall have the right to appeal to the Water Apportionment Board. (2) Any such appeal shall be in writing. and shall set forth precisely and clearly the nature of the alleged injury and the date or dates on which the alleged injury- occurred. (Subsidiary] 110 CAP. 372 Water [Rev. 1972 (Subsidiary] Cap. 242. Cap. 246. MAINTENANCE. OF WORKS 68. An operator shall, at his own expense, construct. secure and maintain to the satisfaction of the Water Apportionment Beard, or of any person appointed by it for the purpose, all works necessary for the passage of waste and superfluous water flowing from any works constructed by him, and shall, unless anything to the contrary is endorsed on his licence, sanction or permit, as the case may be, return the said waters to the same body of water from which it was originally diverted or abstracted. 69. An operator or other person lawfully abstracting or diverting water or draining a swamp by means of a canal or other work shall at all times keep such canal or other works free from all weeds. 70. An operasor when so directed by the Water Apportionment Board, shall, at hi:s own expense, and within such period as the Water Apportionment Board may specify, line any pervious canal or structure with an impervious lining approved by such Board. or shall replace any pervious canal by an impervious conduit approved by the Board: Provided that any operator aggrieved by such direction may appeal therefrom to the Water Resources Authority. POLLt..-nON, PUBLIC HEALTH, IRRIGATION, ETC. 71. The right of an operator shall, notwithstanding anything in his licence, sanction or permit contained, be subject to and conditional upon his compliaoce with the provisions of the Act and of the Public Health Act and the Malaria Prevention Act. 72. (1) The e:flIuent from any works in which water is used in any process or for any purpose shall be returned to the body of water from which it is diverted or abstracted, or to such other body of water as may be authorized by the Water Apportionment Board, in such a degree of purity as will satisfy the Board, and the effluent shall contain no matter poisonous or otherwise likely to be injurious directly or indirectly to pablic health, to livestock or to crops,' or to orchards or gardens irrigared with such water, or to any product for which such water is used in any process whatsoever, and it shall not contain a burden of silt, gravel or boulders in excess of that normally at that time carried by me body of water from which it is diverted or abstracted. (2) Any person the effluent from whose works does not comply with the provisioes of this rule shall be guilty of an offence, 73. (1) When water is used in ore washing, hydraulic mining or similar processes 'Which give rise to the harmful accumulatioa of silt, sand, stones or drift, efficient precautions, to the satisfactioa of the Water Apportionment Board, shall be taken by the operator from time to time to !c=p such silt, sand, stones or drift from at any time entering into any body of water or into any watercourse or from encroaching upon any property other than that of the operator. (2) Any OpelZ1Or who is aggrieved by the refusal of the Water Apportionment Board to approve such precautions as satisfactorY may appeal from such refusal to the Water Resources Auahority. Rev. 1972] Water CAP. 372 III 74. When water is used for the pulping, hulling or washing of coffee (a) the effluent shall be efficiently screened or separated in such manner that no coffee berry or portion thereof shall be returned to any body of water or into any watercourse, and the residue obtained by means of such screening or separation shall daily be removed to such place as may be approved from time to time by the Water Apportionment Board, so that there shall be no possibility of such residue at any time being washed into or, from any cause whatsoever, entering into or upon any watercourse or body of water; and, unless the contrary is specifically stated in the licence. sanction or permit, the place to which such residue shall be removed shall not be nearer to any obvious body of water or watercourse than fifty yards; (b) the pulp separator or screen shall not be further away from the pulper than 100 feet, unless the contrary is specifically endorsed on the licence. sanction or permit: (e) there shall be no surface flow or drainage from pulp dumps into any body of water or watercourse; (d) there shall be constructed along the channel conveying the water from the pulp separator or screen to the body of water or watercourse several pits of such size as to reduce the velocity of the water to enable any solid matter in it to settle. and the sediment collected in such pits shall be removed daily to such place that there shall be no possibility of the sediment at any time being washed into or, from any cause whatsoever. entering into or upon any watercourse or body of water; (e) the effluent from the first and second washings of the pulped coffee and effluent from the main tank shall be diverted into seepage pits, and such seepage pits shall be of sufficient capacity to deal with peak flow, and there shall be no direct flow from the seepage pits into any body of water or watercourse : Provided that nothing in this rule shall relieve the operator of the necessity of complying with rule 72 of these Rules. 75. The Water Apportionment Board shall have authority to determine whether or not any sawdust. tailings, gravel. refuse, sewage, effluent from any works or any other material or substance of any kind being put, or proposed to be put. into any body of water or watercourse is prejudicing or will prejudice the beneficial use for any purpose of the water of such body of water or watercourse, or is impeding or interfering, or may impede or interfere, with the natural flow of any body of water, and the Board may at a.uy time and from time to time order any person not to put any such thing into or adjacent to such body of water or watercourse, and further may order the removal of any such matter from, or from any site adjacent to. any body of water or watercourse, and any person who refuses to obey such order shall be guilty of an offence. 76. Rules 77 to 80 of these Rules shall apply only in respect of such bodies of water as the Water Apportionment Board may specify by notice in the Gazette. (Sobsidiar)') 112 CAP. 372 Water [Rev. 1972 [Subsidiary} 77. Any person who deposits, or who causes or allows to be deposited, into any body of water or any tributary thereof, any saw dust, any vegetable or mineral refuse, the effluent from a sheep or cattle dip, factory, premises or work, any sewage or sewage effluent or any other matter or thing of any kind which is harmful to the fish. fish life, the fry or ova of fish, or fish food contained in such body of water shall be guilty of an offence. 78. (1) A fish warden or an assistant fish warden may, at any time, order any person not to deposit into or adjacent to any body of water. or any tributary thereof, any matter or thing which is harmful to the fish, fish life, the fry or ova of fish or fish food in such body of water, and he may order the removal of any such matter or thing from any body of water or any tributary thereof. or from any site adjacent to any body of water or any tributary thereof, if. in his opinion, there is a possibility of any such matter or thing entering, from any cause, such body of water or tributary thereof. (2) Any person who fails to obey an order made under this rule shall be guilty of an offence: Provided that within thirty days of the service of such order it may be appealed against to the Water Resources Authority, who shall have power to confirm, vary or cancel such order. 79. (I) A fish warden, an assistant fish warden or any person authorized by a fish warden may enter upon any land or premises for the purpose of inspecting bodies of water or tributaries thereof, or for the purpose of preventing or detecting an offence under these Rules or for the purpose of collecting fish or taking samples of any matter or thing which is being deposited, or which it is proposed to deposit, into any body of water or any tributary thereof, and he may interfere summarily to prevent the deposit into any such body of water or tributary thereof of any matter or thing which is harmful to the fish. fish life, the fry or ova of fish or fish food in such body of water. (2) Any person who wilfully obstructs or hinders a fish warden, an assistant fish warden or any person authorized by a fish warden in the execution of his powers under this rule shall be guilty of an offence. (3) A fish warden, an assistant fish warden or any person au thorized by a fish warden shall carry a letter of appointment, and shall produce it when required in the performance of his duties under these Rules. 80. Any person who proposes to construct any work the effluent from which it is proposed to deposit into, or adjacent to, any body of water Of tributary thereof. and which effluent, unless rendered innocuous. would be harmful to the fish, fish life, the fry or ova of fish or fish food contained in such body of water, shall, when so required by the Water Apportionment Board, cause such effluent to be rendered innocuous, and shall, before such work is commenced, submit to, and have approved by, the Water Apportionment Board plans showing the method to be employed to render such effluent innocuous. 81. Nothing contained in rules 77 to 80, inclusive, of these Rules shall relieve any person of the necessity of complying with the pro visions of the Act and rules relating to the pollution or contamination of water. Rev. 19721 Water CAP. 372 113 LIMITATION OF FLOW OR QUANTIlY 82. Notwithstanding the quantity of water granted by his licence, sanction or permit, as the case may be, no operator shall divert more water from any body or bodies of water than can for the time being be beneficially used by him in accordance with the terms of his licence, sanction or permit, as the case may be. 83. Having due regard to the priority of the purpose for which the water is granted, an operator shall, on being so directed by the Water Apportionment Board or a water bailiff, divert the quantity of water which may be necessary for his purpose at such times and under such system of rotation with other operators on the same body of water, or other body of water, as may, in the opinion of the Water Apportionment Board or water bailiff, secure the most economical use of water. SToRAGE 84. The right to store water shall be subject to prior right to its uninterrupted flow for so much as is required for actual and beneficial use, and to the obligations imposed by the Act, and the Water Apportionment Board may require an operator to store water at certain periods of the year 85. (1) An operator who has a licence, sanction or permit to store or impound water in any body of water may, with the approval of the chairman, turn the water so stored into a natural watercourse, and may, subject 10 the water so stored being appurtenant to the land upon which it is to be utilized, and subject to the conditions of his licence, sanction or permit atnhorizing the diversion or abstraction hereinafterwards mentioned, at a point down-stream of the point of storage, divert or abstract from the body of water into which the stored water is turned the quantity of water so turned, subject to such deductions for evaporation and seepage as the chairman may, from time to time, order. (2) Such operator, before turning water into a natural watercourse as aforesaid, shall give to the water bailiff and to all persons entitled to use water from any part of the body of water between the point of release of the stored water and the points of utilization of the said water such notice of the use of the body of water for the purpose aforesaid and such particulars regarding the time during which it will be turned into the body of water, the rate of discharge of the stored water and other matters as the Water Apportionment Board may, from time to time, require. (3) No operator, other than the operator who releases the stored water as aforesaid, shall divert or abstract any proportion of the Bow of the body of water due to the water so released, nor shall any operator impound or store, eltCCpt to such an extent as may be imposed upon him by the maximum capacity of his works for dis charging the flow of the body of water through or around his works which abstract the flow of the water, any proportion of the flow of the body of water due to the water so released. 86. An operator storing or arresting the flow of water by means of a dam or weir located on a body of water or watercourse shall, unless otherwise decided by the Water Apportionment Board, provide, at a depth measured from the top of the dam or weir and to be [Subsidiary) 114 CAP. 372 Water [Rev. 1972 !Subsidiary) specified by the Wa~r Apportionment Board in each particular case, an outlet, controlled by a valve, sluice gate or other device. which shall be capable of being operated at all stages of the flow of the body of water or watercourse so that the normal flow of such body of water or watercourse can be passed through or around such dam or weir at all stages: Provided that where the normal flow of the body of water or watercourse is automatically by-passed around the reservoir, without any storage or arre:sting of the flow of the water being effected, no such outlet works Deed be constructed. CONTROL WORKS 87. (I) Every operator diverting water from any body of water into any canal, pipe, conduit or other works shall construct and maintain, to the satisfaction of the Water Apportionment Board, a substantial head-gate or valve at the point where the water is diverted. (2) Such head-gate or valve shall be capable of being operated at all stages of the flow of the body of water, and shall be of such construction that it can be regulated and locked in any position and kept closed at the direction of the Water Apportionment Board or a water bailiff. 88. If required by the Water Apportionment Board, a full and correct record, in such manner as the Board may from time to time require, shall be kept by the operator of all water abstracted, diverted or stored, giving the date, time and quantity and" methods of such abstraction, diversion or storage, and the purpose or purposes for which such water was used, and such records shall be furnished to the Water Apportionment Board at such times as it may demand them. AUTHORITIES 89. Every applicant for an authority under section 165 of the Ordinance shall submit to the Water Apportionment Board the follow ing documents in dnplicate, accompanied by the prescribed fee, which fee shall in no circumstances be refunded (a) an application in form No. W.A.B. 6 in the Second Schedule to these Rules; (b) a sketch plan showing (i) all the places, farms, mIDIDg leases, mining locations or reserved area boundaries and the land reference numbers of the farms or the names of the reserved areas, if any, referred to in the application; and (ii) the approximate position of any road or railway reserves, and the approximate position, as close as may be estimated, of any proposed works mentioned in the application; (c) a certificate from the Registrar of Titles or other registration officer showing the names of the registered owners of the farms, mining locations or mining leases referred to in the application. 90. The Water Apportionment Board shall endorse on every authority any special conditions which, in its opinion, any special circumstances may warrant. Rev. 1972] Water CAP. 372 115 91. Whenever, during the course of the investigation and surveys, any person to whom an authority has been issued deems it desirable or necessary for a fuller investigation of his proposals to enter into and upon the land of landholders other than those specified in the authority issued to him to be made, he shall submit a new application for an authority to enter into or upon such lands. 92. (I) Whenever any person to whom an authority has been issued requires an extension of the period stated on such authority, he shall make application to the Water Apportionment Board and shall pay the prescribed fee; the application must establish that the investigation and survey have been conducted with diligence. (2) The Water Apportionment Board may. at its discretion, grant or refuse such application. 93. Any person who alters or defaces an authority issued to him under the Act shall be guilty of an offence. COMMUNITY (RESERVED AREAS) PERMITS 94. (I) The Water Apportionment Board may authorize by permit (hereinafter called a Community (Reserved Areas) Permit), on such terms and conditions as it may embody in such permit, the diversion, abstraction, obstruction or use of water from or in a body of water, or the drainage of a swamp, which is situated within, or which flows through a reserved area, by persons residing in such reserved area. (2) Such permit need not specify individual diversions, abstrac tions. obstructions or uses of water, but there shall be embodied in it a condition that all individual diversions, abstractions, obstructions or uses of water, not exceeding the total amount sanctioned, shall be approved and authorized by the permit holder. (3) The permit holder shall keep a record of all individual diversions, abstractions, obstructions or uses which he may authorize under the permit, and shall when required by the Water Apportion ment Board submit a copy of such record to the Water Apportionment Board. 95. (I) An application for a Community (Reserved Areas) Permit shall be submitted in the name of the county council on behalf of the persons concerned. (2) Such application need not be in any particular form, but shall show (a) the purpose or purposes for which the water is required; (b) the quantity of water required for each purpose; and (c) the name of the body of water, or particular reach thereof, from which water is to be used, or the position and area of any swamp to be drained. (3) The application shall be accompanied by a general plan, acceptable to the Water Apportionment Board, on which shall be shown the rivers and reaches thereof from which water is to be used, or swamp to be drained. (4) The applicant shall supply any further information relative to his application which may be required by the Water Apportionment Board. (Subsidiary] 116 CAP. 372 Water lRev. 1972 [Subsidiary] 96. If, in the opinion of the Water Apportionment Board, other communities may be adversely affected by the proposed diversion, abstraction, obstruction or use of the water applied for, or the drainage of a swamp, the Board shall, before issuing the permit, order that a summary of the proposals be published in the Gazette or such newspaper as the Board may specify. 97. A Community (Reserved Areas) Permit shall be issued in the name of the county council OIl behalf of the persons concerned. FISH PROIECTION AND CONiROL 98. Where, in the opinion of the Water Apportionment Board, after consultation with the FISh Warden, it is necessary for the free movement of fish up-stream or down-stream of any dam or weir on any body of water, the Water Apportionment Board may order thai an operator shall provide in such dam or weir a fish pass, fish ladder or other structure, approved by the Water Apportionment Board, whereby fish may move freely up or down such body of water: Provided that within thirty days of the service of such order it may be appealed against to the Water Resources Authority, who shall have the power to confirm, vary or cancel such order. 99. Notwithstanding anything contained in these Rules, the Water Apportionment Board may, on the application of any person, authorize him by permit (hereinafter called a Fish Control Permit) to construct or erect in a body of water (a) works of a temporary nature which are designed solely for the purpose of improving the conditions of fish life or the facilities for fishing, in such body ef water, provided such works will not have the effect of raising the normal level of the body of water more than three feet; (b) fish ladders or other means of ingress and egress for fish, provided such wow do not cause any obstruction in the flow of such body of water. 100. (1) An application under rule 99 of these Rules shall (a) be in writing, but need not be in any particular form. and shall be submitted to the Water Apportionment Board through the Fish Warden; (b) contain full details of the proposed works; (e) be accompanied by a certificate from the Fish Warden certify ing that in his opinion such works are necessary for both or either of the purposes specified in paragraph (a) of rule 99 of these Rules; and (d) be accompanied by tile written approval of the landholder on whose land the wodts are to be erected, or whose land the proposed works may affect. (2) An applicant for a FISh Control Permit shall, at the request of the Water Apportionment Board, furnish such other information as the Board may require, and shall follow such procedure as the Board in any particular case requires, Rev. 1972) Water CAP. 372 117 101. (I) The Water Apportionment Board may at any time order the removal of any works authorized by a Fish Control Permit if, in its opinion. such works are injurious to the interest of operators or other persons. (2) The Water Apportionment Board may, at any time, if it considers that any such works should be altered or added to in any way, order the permit holder to make at his own expense, such alteration or addition. 102. No person shall erect any works for the purposes mentioned in paragraph (a) of rule 99 of these Rules without first obtaining the authority of the Water Apportionment Board as provided in rule 99 of these Rules. REGIONAL WATER COMMITIEES 103. Every Regional Water Committee appointed under section 24 of the Act shall. subject to these Rules, make standing orders for the regulation and conduct of its business, including the formation of a quorum. the calling of meetings and the retirement of members in rotation; and such standing orders shall be subject to the approval of the Minister. 104. ~105. 106. (Deleted by L.N. 741/1963.) 107. 108. J 109. Every appointment, resignation or retirement of any member or alternative member of a Regional Water Committee shall be notified in the Gazette. 110'1 111. 112. f (Deleted by L.N. 741/1963.) us. 114. 115. (1) (Deleted by L.N. 741/1963.) (2) A copy of the minutes of each meeting of a Regional Water Committee shall be sent, as soon as practicable after each meeting, to the Water Resources Authority and the Water Apportionment Board. GROUND WATER 116. (1) The notice of intention to construct a well required under section 51 of the Act shall be in Form No. WAB. 26 it! the Second Schedule to these Rules, except where such well is to be situated within a conservation area notified under section 74 of the Act. or within 100 yards of any body of surface water. (2) Such notice shall be submitted not less than one month before construction is due to commence, and shall be accompanied by a sketch map. or Land Office plan. in duplicate, on a scale of not less than one inch to one mile, on which shall be shown the boundaries of the land on which it is proposed to construct the well, the approxi mate position of the proposed well and, if possible. the position of the nearest body of surface water and of the nearest existing well. [Sobsidiary] 118 CAP. 372 Water [Rev. 1972 [Subsidiary I (3) Notice of the date of commencement of construction of the well shall be given by letter not later than the day on which the construction commences, and such notice shall give the name of the borehole contractor constructing the well. (4) A notice of intention to construct a well shall be acknow ledged by the Water Apportionment Board, and such acknowledge ment shall state the number allocated to the well; and such number shall be used in all future references to such well. 117. Where the well is to be situated within a conservation area or within 100 yards of any body of surface water, the notice of intention to construct shall be in the form of an application for a permit, and shall be in Form No. W.A.B. 29 in the Second Schedule to these Rules. 118. The record of the well required to be submitted under section 52 of the Act shall, subject to the provisions of that section. be substantially in the form required by the Water Apportionment Board. 119. Application for a permit to abstract ground water shall be in Form No. W.A.B. 29 in the Second Schedule to these Rules, and shall be accompanied by a sketch map as provided in paragraph (1) of rule 116 of these Rules. 120. An authorization to construct works for the abstraction of ground water shall be substantially in Form No. W.A.B. 30 in the Second Schedule to these Rules. 121. A permit to abstract ground water shall not be issued until receipt by the Water Apportionment Board of the well record form. and of the result of such tests as the Water Apportionment Board may require. 122. For the purpose of ascertaining the quantity of water obtained in a well, in compliance with section 51 of the Act, the final yield shall be determined from a continuous pumping test of not less than eight hours' duration. 123. The owner of a well, whether such well is constructed under permit or otherwise, shall inform the Water Apportionment Board. by letter, when such well is equipped and ready to go into service. FORMS AND GENERAL 124. (I) The Water Apportionment Board may cause to be prepared for each drainage area or portion thereof a map, on which may be shown references to licences, sanctions or permits and other particulars relating to the water in such drainage area or portion thereof as the Water Apportionment Board may deem advisable. (2) The Water Apportionment Board may at any time give any or all bodies of water described or shown on such map, whether named or not and whether known by one or more names, an official name, having regard to the name of such body of water on any existing official map, and shall report such name to the Director of Surveys, and such body of water shall thereafter be known by such name and no other in all maps, plans and documents prepared by or for the Water Apportionment Board. Rev. 19721 Water CAP. 372 119 125. (I) A separate application shall be made for each point of diversion or abstraction or storage from a body of water or for each separate point of diversion from a reservoir or dam. (2) In the case of any works taking water from several bodies of water, a separate application shall, in all cases, be made for each source of supply. 126. Except as provided in these Rules, every application for a permit involving the diversion or use of water, but not including applications for permits including reclamation, drainage or other proposals which the Water Apportionment Board may specify, shall be substantially in Form No. W.A.B. 13 in the Second Schedule to these Rules. 127. (I) Every applicant desiring verification of the names of the landholders of the land upon which the water is to be used or upon which it is proposed to erect works or over which an authority is required shall apply in Form No. W.A.B. 7 in the Second Schedule to these Rilles to the Registrar of Titles. (2) Unless the applicant submits other proof acceptable to the Water Apportionment Board of the names of the landholders, the information submitted by the Registrar of Titles shall be taken as proof of the names of the landholders. (3) The Registrars of Titles at Nairobi and Mombasa shall keep a supply of the said form for the use of the public. (4) The Registrars of Titles shall cause to be impressed on every copy of the said form presented to them a stamp recording the date and time of presentation, in such manner (in the case of the original) as to cancel the stamp affixed in payment of the fees; and such impression shall, in the absence of fraud, be conclusive evidence of the date and time of presentation and that the fees stated in the form to have been paid, have been paid. 128. Every request for permission to construct any work, referred to in an application for a permit, across any road, railway, road reserve or railway reserve, if any, which may be affected by the pro posed works, shall be substantially in Form No. W.A.B. 14 in the Second Schedule to these Rilles. 129. When the applicant has published all the notices required by the Water Apportionment Board in terms of section 84 of the Act, he shall forward to the Water Apportionment Board a marked copy of the issues of all the newspapers and quote the date of issue of the Gazette and the Gazette Notice number under which the notice was published. 130. An authorization issued under subsection (2) of section 87 of the Act shall be substantially in Form No. W.A.B. 16 in the Second Schedule to these Rules, and the Water Apportionment Board shall endorse thereon any special conditions which it deems advisable after considering the nature of the body of water and the works to be constructed. [Subs1dlary ] 120 [Subtidlar71 CAP. 372 Water [Rev. 1972 131. Subject to the provisions of section 161 of the Act, every application for an easement shall be in Form No. 3 in the Second Schedule to these Rules. 132. Every completion certificate required by section 94 of the Act shall be substantially in Form No. W.A.B. 17 in the Second Schedule to these Rules. 133. Every application for a borehole contractor's licence under section 71 of the Act shall be substantially in Form No. W.A.B. 32 in the Second Schedule to these Rules. 134. Every application for a dam contractor's licence shall be substantially in Form No. W.A.B. 33 in the Second Schedule to these Rules. 135. The Water Apportionment Board may, at its sole discretion and for good reason shown, order that the provisions of any of these Rules shall not apply to any particular case or person, or only to such extent and subject to such special condition as it may deem reasonable under the circumstances. 136. (1) Whenever the normal flow in a watercourse is certified by the Water Apportionment Board to be nil, the Board may, after receipt of an application and of any particulars required, issue a permit for the construction of a dam or dams on such water course for the conservation and use of flood water. (2) An application under this rule shall be in Form No. W.A.B. 25 in the Second Schedule to these Rules. 137. Any person who (a) contravenes any of the provisions of these Rules; or (b) contravenes the terms of any lawful order given or lawful notice issued or any lawful' requirements imposed by the Water Apportionment Board or by any person authorized under these Rules, shall be guilty of an offence and. whether specifically so provided in these Rules or not, liable to a fine not exceeding one thousand shillings or, in default of payment. to imprisonment for a term not exceeding three months. 138. The chairman may, in wnnng, authorize any person empoyed in the public service, or any servant, agent or contractor of such person, to perform any of the powers, duties or obligations vested in him bV these Rules. Rev. 1972] Water CAP. 372 121 FIRST SCHEDULE (r. 4) FEES PART A The undermentioned fees shall be payable in advance, and none of the fees specified herein shall in any circumstances be refunded except as provided in Note 2 to Parts Band C of this Schedule, OOt (a) no fees shall be payable under this Schedule by any person who is required by virtue of a conservation area order to apply for a permit under section 75 of the Act, who makes such application within six months of the date on which the order comes into operation; and (b) no fees shall be payable under this Schedule by a public authority. [Subsidiary} 1. For examining an application for a quali fied engineer's licence under rule 7 (Form No. W.A.B. 1) 2. For licence (qualified engineer) under rule 7 (Form No. W.A.B. 2) 3. For examining an application for an easement under rule 131 (Form No. W.A.B. 3) .. 4. For registration of an easement (Form No. W.A.B. 4) 5. For examining an application for a water permit for the drainage and reclamation of a swamp (Form No. W.A.B. 5) 6. FOT application for authority to enter into and upon lands of other landholders for the purpose of investigation and survey ing in connexion with proposed applica tion for permit or easement under rule 89 (a) (Form No. W.A.B. 6) 7. For verification of names of registered owners of farms under rule 127 (Form No. W.A.B. 7), for each farm mentioned (The above fee shall be paid to the Registrar of Titles by means of adhesive revenue stamps affixed to the form before submission.) 8. For authority to enter into and upon lands for purpose of investigation and survey ing under rule 91 (Form No. W.AB. 9) 9. FOT extension of validity of authority to enter into and upon lands for purpose of investigation and surveying under rule 92 (2) (Form No. W.A.B. 10) .. 10. For notice of receipt of application. to enter lands under rule 91 (Form No. W.A.B. 11' Sh. cts. 100 00 50 00 100 00 Nil 200 00 50 00 5 00 50 00 20 00 50 00 122 CAP. 372 Water [Rev. 1972 [Subsidiary] FIRST ScHEDULE-(Contd.) 11. For application for extension of validity of authority under rule 92 (1) (Form No. W.A.B. 12) 12. For examining application for water per mit (surface water) under rule 126 (Form No. W.A.B. 13) •• 13. For exarmmng application to construct works across road. railway, road reserve or railway reserve under rule 128 (Form No. W.A.B. 14) .• 14. Re advertisement for water permit under rule 129 (Form No. W.A.B. 15) .. 15. For authorization to construct works for diversion, abstraction, storage or use of water under rule 130 (Form No. W.A.B. 16) 16. For certificate of completion of works authorized under rule 132 (Form No. W.A.B. 17) 17. For application for extension of time under rule 92 (1) (Form No. W.A.B. 18) 18. For extension of time limit of authoriza tion under rule 92 (2) (Form No. W.A.B. 19) .. 19. For issuing permit (Form No. W.A.B. 20) 20. For issuing permit (Form No. W.A.B. 21) 21. For issuing supplement to permit (Form No. W.A.B. 22) .. 22. For examining application for Com munity Project (Reserved Areas) Permit (Form No. W.A.B.. 23) .. 23. For examining application for permit to construct dam or dams on watercourse having no normal Bow under rule 136 (2) (Form No. W-A.B. 25) 24. For reissue of or alteration to permit or issue of permit to replace licence or sanction 25. For notice of intention to construct well I borehole under rule 116 (1) (Form No. W.A.B. 26) 26. For acknowledgment of notice of intention to construct well/borehole under rule 116 (4) (Form No. W.A.B. 27) .. Sh. cts. Nil To be calculated under Part B of this Schedule. 50 00 Nil To be calculated under Part B of this Schedule. Nil 50 00 Nil To be calculated under Part B of this Schedule. To be calculated under Part B of this Schedule. Nil 150 00 100 00 50 00 Nil Nil Rev. 1972) Water CAP. 372 123 FIRST SCHEDCLE--{Conld.) 27. For well/borehole record (Fonn No. WAB. 28) 28. For examining application for water permit (ground water) under rule 119 (Form No. WAB. 29) .• 29. For authorization to sink well or borehole under rule 120 (Form No. W.A.B. 30) .. 30. For issuing permit (ground water) under rule 121 (Form No. W.A.B. 31) .. 31. For examining application for borehole contractor's licence under rule 133 (Form No. WAB. 32) 32. For issuing borehole contractor's licence (Form No. W.A.B. 33) .. 33. For examining application for dam con tractor's licence (Form No. W.A.B. 34) 34. For issuing dam contractor's licence (Form No. W.A.B. 35) •. 35. For making copy of licence, sanction or permit 36. For making certified copy of licence, sanction or permit 17. For making blue or red prints on paper from any tracings of plans or maps (not exceeding 30 inches in width) filed with the Water Apportionment Board (per foot run) 38. For making white or blue prints on linen from any tracings. of plans or maps (not exceeding 30 inches in width) filed with the Water Apportionment Board (per foot run) 39. For making copies of n:cords or any documents (a) for first copy, per folio of 150 words (b) for every subsequent copy, per folio (c) for attaching certificate thereto 40. For any other services-s-sech fee as the Water Apportionment Board may authorize in writing to cover the cost of the service rendered. SIz. CIs. Nil To be calculated under Part C of this Schedule. To be calculated under Part C of this Schedule. To be calculated under Part C of this Schedule. 100 00 50 00 100 00 50 00 30 00 60 00 10 00 20 00 8 00 2 00 10 00 [Subsidiary) 'iil i FIRST SClIEDULE-(Contd.) Forms Nos. W.A.B. 13, 16, 20 and 21 (surface waters). PART B o. hms (lAVAOLU IN SllILlINUS Individual application not IApplication by or on behalf of an All applications involving a Quantity applied for in cusecs involving a dam Association not involving a dam dam Examina- Exarnina- Examina tion of Issue of Total tion of Issue of Total tion of Issue of Total application permit application permit application permit Not more than I .. .. .. 30 50 80 60 100 160 90 150 240 Greater than I but not more than 5 60 100 160 90 150 240 120 200 320 Greater than 5 but not more than 20 90 150 240 120 200 320 150 250 400 Greater than 20 but not more than 100 .. .. .. 120 200 320 150 250 400 180 300 480 Exceeding 100 .. 00 .. 150 250 400 180 300 480 210 350 560 NoTBS 1. Advertisement charges ure not included in the above schedule of fees. 2. The total fee will be payable on application, but in the event of an authority to construct works not being issued that portion of the fee relative to "Issue of Permit" will be repaid to the applicant. 3. For the purposes of this Part, "dam" means a dam of or exceeding 7 feet maximum depth of water. 4. Fees will be charged in accordance with the quantity for which application is made, 1/01 the quantity finally authorized. ..... ~ ~ w tj ~ !i ~ ~ .... \0 ~ IV Forms Nos. W.A.B. 29, 30 and 31 (ground water) FIRST SCHEDULE-{COnld.) PART C FI!ES PAYABLB IN SHILLINGS Quantity applied for in gallons per day All applications for a ground water permit Exnmination of Issue of permit Total application Not more than 5,000 .. .. .. .. .. .. .. . . 60 100 160 In excess of 5,000 but not greater than 100,000 .. .. .. .. 120 200 320 In excess of 100,000 .. .. .. .. .. .. .. .. 240 400 640 NoTES 1. Advertisement of ground water applications is not required. 2. The total fee will be payable on application, but in the event of a permit not being issued, that portion of the fee relative to "Issue of Permit" will be repaid to the applicant. 126 (Subsidiary) CAP. 372 FORM No. W.A.B. 3 Water SECOND SCHEDULE Application for Easement [Rev. 1972 (r, 131) To THE CHAIRMAN OF THE WATER APPORTIONMENT BOARD, P.O. Box 30043, NAIROBI Application of Uull name] of [address] in respect of an easement of aqueduct in connexion with the passage of water from the . .................... . (description and name of body of water] across the property [description of property] and in respect of an easement of work in connexion with the water from the [body of water] at the point shown on the plan attached hereto and in respect of an easement of storage in connexion with water from the [body of water] 1. The applicant named above is the landholder [or agent lawfully authorized by the landholder] of the property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. [description of property and L.R. Nos. of farms (if any) and for mining locations or leases] 2. The applicant bases his claim for the easement on the following grounds' . J. The accompanying planes] marked . show the general arrangement, the nature and locality of the proposed works and the land or lands on which [an] easement[s] is [are] now required and the area[s] within the lines shown in red on the said plan is [are] the maximum area[s] over which the easement[s] now applied for is [are] required. 4. (a) The following is a description of the work[s] in respect of which [an] easement[s] is [are] now required'[ . • Here give the number of any authorization, licence, sanction or permit which applicant holds and all other information on which the claim is based. Show that the claim is made in good faith and that, without the easements. the utilization of water would not be economically feasible. t Here give brief description, with dimensions, of the proposed aqueduct and state the area of the land over which the easement is claimed. Rev. 1972J Water CAP.3'n 127 FORM No. WAB. 3-(Contd.) (b) The maximum quantity of water to be conveyed or dealt with by the aqueduct is cubic feet per second. (e) The positions of the dam and the storage reservoir are shown on the plan marked , and the blue line thereon shows the approximate area which will be submerged at high flood level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. (d) The easement of aqueduct is required for a period of . 5. (a) The following is a description of the work[s] in respect of which [an] easement[s] of work is [are] required; . (b) The quantity and nature of materials required from the land referred to in paragraph (a) above for the purpose of constructing the proposed works are as follows: (e) The easement of work is required for a period of . 6. (a) The following is a description of the work[s] in respect of which [an] easementjs] of storage is [are] required § . (b) The positions of the dam and the storage reservoir are shown on the plan marked , and the blue line thereon shows the approximate area which will be submerged at high flOild level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. (e) The quantity and nature of materials required from the land referred to in paragraph (a) above for the purpose of constructing the proposed works are as follows: (d) The easement of storage is required for a period, 7. On the schedule attached to this form is set forth the names of the landholders. mortgagees and lessees of the property over which the easement is claimed. t Here give brief description, with dimensions, of the preposed weir or other work and stare the area of land over which the easement is claimed. § Here give brief description, with dimensions. at proposed storage works and state the area of land over which the easement is claimed. (Subsidiary] 128 CAP. 372 Water [Rev. 1972 [Subsidiary] FORM No. W.A.B. 3-(Contd.) In accordance with section 114 of the Act, notice with full particulars was not less than two months before the date of this application given to all the landholders, mortgagees and lessees named in the said schedule with the following result: (Fill in this table for each name set down in the schedule) Reference No. of property on schedule Name of landholder. mortgagee and/or lessee Does the person acquiesce or not in the claim for easement? ·· 1 . ::::::::::::::::::::::::J:::::::::::::::::::::::::::::::::::::::::::::::: 8. I have served a copy of this claim on all the landholders. mortgagees and lessees mentioned in the table above. I enclose herewith for Shillings . for an examination of this application. I understand that the fee does not cover the preparation of the necessary deed in the event of my application being successful. Signature. AFFIDAVIT I, , of do solemnly and sincerely declare as follows: I have read the foregoing and the particulars and things set out therein are true and accurate. I make this declaration conscientiously believing the same to be true, and according to the Oaths and Statutory Declarations Act. Sworn at . this day of .. , 19 .. Before me, (Magistrate, Justice of the Petre or Commissioner for Oatlu.> NOTES I. The applicant shall fill in the blank spaces in this form with the required information, and. where alternative expressions are ~ven. he shall strike out those which do not apply. 2. The area of land over which the easement is claimed must include the area of the land, if any, occupied by the works. flooded as a result of the works, required for purposes of inspection and maintenance of the works, required for the excavation or collection of material for the works, required for the deposit of spoil or material derived from the works or required for a road or roads to obtain access to the works. 3. The plans submitted must show clearly any works. impted and/or cultivated areas, roads, buildings and/or any other features which will be affected if the easement applied for is granted. and the area of swamp or land to be reclaimed. ~ ~ ~ . Iv IQ . IQ ""-l ~ ~ (l) ;<: r;; I 19dated SCHEDULE OF LANDHOLDERS, MORTGAGEES AND LESSEES FORM No. W.A.B. 3-{Contd.) Attached to the application of.... for easement of -~ ..................................,............................,. Reference L.R. No. of State whether Amount of number of pr~erlY or landholder, Postal "d"ress of Area of compensatlon rcropertY o.of Name of person on whom morls"aee landholder, mortgugcc or easement tendered 10 Purpose for which easementconsecu- mining notice has been served or sub-lessee required landholder, is requiredlively on location or sub-lessee (area in acres) mortgagee or plan) properly sub-lessee - . . - - .. ,------- 130 [Subsidiary] CAP. 372 FORM No. W.A.B. 5 Water [Rev. 1972 (r. 51) This form is to be submitted in triplicate Application for a Water Permit for the Drainage and Reclamation of a Swamp To THE CHAIRMAN OF THE WATER APPORTIONMENT BOARD, P.O. Box 30043, NAIROBI I. Full name of applicant (in block letters) .. .. .. 2. Residence .. .. .. . .............................. Postal address .. .. ................................. 3. Occupation .. .. .. 4. Number(s) and locality of applicant's holding(s) .. Or Area of mining location or mining lease .. .. Or Other description of the applicant's holding .. .. 5. (a) Description of land to be drained .. .. .. (0) ............................ (b) Area of land to be drained (b) ............................ (e) Description of land to be reclaimed .. .. (c) ............................ (d) Area of land to be re claimed .. .. .. (d) ............................ 6. Name or description of body of water to be drained .. ................................ 7. Does the body of water and! or swamp to be drained abut upon or extend into any Reserved Area7 8. Describe c1earIy (a) the point (if any) at which the water entering the swamp will be diverted (0) ........................... (b) the point of storage (if any) .. .. .. (b) . ........................... (e) if the swamp is to be drained by the sinking of wells into a pervious stratum, state approxi mately the number of wells and show the posi tions thereof on the map (q ............................ Rev. 1972) Water CAP. 372 131 FORM No. W.AB. 5-{Contd.) lSubsidiary) . feet/miles. (ii) Method of gauging State distance .. 9. Flow of body of water 10 be drained (this information is required to determine the water losses in the swamp): a. b. c. state as accurately as possible At entrance At end At any either- to swamp of swamp other point (a) Flow at entrance of swamp-s (i) Breadth of water sur face in feet .. .. (ii) Average depth of water in feet .. .. (iii) Surface velocity in feet I per second . . .. (iv) Estimated discharge "1 Or (b) If stream has been gauged by other method I(i) Discharge in cusecs .. I \ !1 Ia to b . atoe . I I b to c Mark points a. b. c. above on I plan. I 10. State purpose for which drainage is required .. .. I I L Whether it is proposed to use any or all of the water estimated to be saved by the drainage of the swamp (state "Yes" or "No") If the answer above is in the affirmative, an application on Form No. W.A.D. 13 must accompany this application. 132 [Subsidiary] CAP. 372 Water FORM No. WAB. 5-(Contd.) METIIOD OF DRAINAGE [Rev. 1972 12. DRAINAGE BY GRAVITATION (a) Details of canals and / or open drains (Note.-If the canal or drain is long and has any changes in cross-section, the details required are to be given for each cross section. These should be given on a separate sheet of paper if not shown on the planes) accompanying this application.) (b) Details of pipeline (e) Details of any other struc ture, such as head gates, flumes, escapes. regulators, wells, etc. (d) (i) Will any of the above canals and/ or pipes and Ior structures be situated on the land of other landholders? (ii) If so, stale details of land or lands affected 13. DRAINAGE BY PUMPING (a) Type of pump (b) Type of driving machine (e) Brake horse-power (at sea level) of (b) above (d) Approximate elevation of pumping site above sea level (e) How is pump driven from driving machine? (a) Canal and/or open drain Feet Inches Width at bottom .. Width at full supply level Depth of water at full supply level Length Estimated velocity . feet per second. Average depth of bed in canal or drain below ground level of swamp .........••.feet. Estimated capacity of canal or drain at full supply depth .......... cusecs. (b) Details of pipeline Internal diameter inches. Length feet. Hydraulic gradient fall in 100 feet feet. Description of material of pipe and thickness . Yes/No (a) . (b) (e) . Cd) .•••.•••••••••.••••••• feet. (e) .•.••••...••.••.••.••••••••• Rev. 1972) Water FORM No. W.A.B. 5-(Contd.) CAP. 372 133 [Subsidiary! if) Internal diameter of suc tion pipe .. (g) Height of suction (h) Length of suction (I) Height to which water is to be lifted above pump .. (j) Internal diameter of de livery pipe (k) Quantity of water to be pumped when plant is working at full working load (l) Will the pump and/or its accessories be situated on the holding of any other landholder? (m) If so, state L.R. Nos. or other details of holdings affected 14. IF A DAM IS REQUIRED State whether a dam is necessary ("Yes" or "No") If a dam is necessary, state: (a) Nature of stream bed at site, e.g. "sound rock", "fissured rock", "soil", "sand", etc. (b) Nature of walls of river channel at site, e.g. "soil", "rock", etc. (c) Will dam be founded on sound rock? ("Yes" or '"No'') (d) Will dam be founded on any material which may be eroded by any under flow? ("Yes" or "No") .. (e) Description of dam, such as earth, earth with core wall (stating kind: con crete, masonry, etc.) if) Fill in dimensions in space opposite if) - . . . . . . . .. inches. (g) .•.......•••.......... feet. (h) ........• feet. (I) .........•• •.• " . . . . .. feet. (j) inches. (k) ..•....... g:allons per minute. (l) Yes/No (m) (a) . (b) ........•. . (c) ........• •................. (d) . (e) .•.......• '" . Feet Inches if) Length of dam ," .. Thickness at crest . Thickness at base . Greatest beisht of dam 134 [Subsidiary) CAP. 372 Water FORM No. W.A.B. HContd.) [Rev. 1972 (d) (g) Estimated area of reservoir at spillway level .. (z.) acres. (h) Whether the submerged area at high flood level will be wholly within appli cant's holding(s). If not, state L.R. Nos. and names of owners of the land affected (It) . (I) Whether one or both banks of the stream at the pro posed site of the dam are on applicant's holding. If not, state L.R. Nos. and names of owners of land, ete., affected (i) . (j) Will any other works in cluding weirs, already constructed or being con structed, be affected by the head andlor tail water levels of the proposed works? (j) . Answer "Yes" or "No". If "Yes", give full details of works affected. 1------· -- -- . 15. DISPOSAL OP FLOOD WATER PAST DAM state if flood water is to be disposed of by means of (a) The dam acting as a weir (a) . (b) By-pass(es) or waste weir(s) on one or both flanks (b) . (e) State width and depth of by-passees) below crest leftl of dam (e) width. (d) If by-pass(es) or waste weir is to be constructed, state nature of material in which the wastc weir channel will be excavated (e) Gradient of wastc weir channel (e) fall in 100 feet. Rev. 1972] Water FORM No. W.A.B. 5-(Contd.) GENERAL CAP. 372 135 (Subsidiary] 16. State the licence, sanction or permit appurtenant to the land described in para. 5 (a) which has already been granted (If nil. state "Nil'') 17. State the estimated period of construction of the works , months. 18. The General Map No and the following plans Nos which have been pr-epared in accordance with the Water Act, and the rules thereunder. and which are sent herewith. are hereby declared to be a part of this application. 19. State the period for which the I water permit is required .. 20. The address(es) of the owner(s) of the land(s), mining claims or mining leases which may be affected by the proposed works and whose name(s) and holding(s) is/ are shown on the General Map referred to in paragraph 18 above is/are given in the schedule attached hereto. (If no lands are affected, state "Nil" aD schedule referred to.) 21. The following report and/ or documents are sent herewith in support of my application: (Here give Titles or Reference Nos.) .............•.......... 22. I attach hereto verification of the names of the registered owners of the lands mentioned in paragraphs 4 and 20 aboee, 23. I agree to supply any further information which may be required by the Water Apportionment Board. 24. I enclose herewith for Shillings ..••.......... Cents to cover the prescribed fee for the water permit applied for, and I understand that the balaece, if any, between the above amount and the prescribed fee will be returned to me. Signature of Applicant or duly A utlrorized Agent. Date 136 CAP. 372 Water [Rev. 1972 rSnbsidiny] FoR.'f No. W.A.B. 5-{Contd.) ScHEDULE REFERRED TO IN PARAGRAPH No. 20 Landholder Address INSTRUCTIONS FOR FILLING IN rae FORM (Please write distinctly) PARA. I.-State the names of all persons having an interest in tbe application. In the case of an association or a company, corporation, municipality. ete., the name of the association, company, corporation, municipality, etc., as tbe case may be, sbould be stated. PARA. 2.-If a company. state the registered office of the company in Kemya. PARA. 4---Give an accurate description, tbe land registration number and the area of tbe land on each holding or farm where the water is to be used PARA. 6.-The name or, if unnamed, a sufficient description of the spring. river or otber body of waur to identify it, and state the name of the body of water (if any) to whicb it is tributary. PARA. B.-Describe as accurately as you can the various points mencicmed, for example 9 (a) "At a point on the left bank of the river, 250 feet down-srn:am of tbe point wbere tbe south-west boundary of farm L.R. 21967 intersects the left bank of the Simba Ri...,.," PARA. 9.-ln order to gauge rougbly the flow of stream, select in tbe viCiDiry of the proposed point of diversion a length of tbe stream where tbe tloor is steady and not turbulenL About the middle of this length select a sito: and measure the breadth of the surface of the stream at right angles to tbe dira::tion of flow, say this is "a" feet. Then measure the depth of the water in feet at regular intervals (such as 3 inches, 6 Inches or I foot, etc., depending on tbl=: size of tbe stream) across the line wbere the breadth bas been measured. Add IJIP all the depths and divide by the number of times tbe depth bas been measured; the result will be the average deptb, say "b" feet. Mark a point 50 feet (or 5IOIDe other convenient distance) down-stream of tbe point where tbe breadtla 'Wll' measured and mark a similar point 50 feet up-stream from the point wbo:n: the breadth was measured. Throw some object which will float into tho eeatre of the stream and note the time in seconds it takes to cover the sota! distance between the two marks set out as above. The distance Us feet divided by the time in seconds gives the central surface velocity say "c" f.... per second. Then the discharge of me stream m cusecs equals "a" x "b" x "c" x 0.7 approximately. One cusec equals one cubic foot per second, equals 374 Imperial gallOlll5 per minute, equals 538,453 Imperial gallons per 24 hours, In the case of a small spring or stream, tbe time noted to fill a v"""",, of known capacity should be observed. e.g, a 4-gallon petrol tin filled in 20 SCCllIIIds: \.berefore discharge of spring equals 2~ x 60, equals 12 gallons per lIlIiDute, equals 3~4' or 0.032 cusec:s approximately. Rev. 1972] Water CAP. 372 137 FORM No. WAB. 6 (r. 89) (,Sabsldlary) Application for A uthority to Enter into and upon Lands of other Landholders for the Purpose of Investigation and Surveying in Connexion with a Proposed Application for a Permit or Easement Nors.c-Before filling in this Form read it over carefully. To THE CHAIRMAN OF THE WATER ApPORTIONMENT BOARD, P.O. Box 30043, NAIROBI. Full name of applicant for I authority (in block letters) .. 2. Occupation .. .. .. 3. Place of residence and usual postal address .. .. 4. Number and locality and Land Reference No. of the farm or area, of mining lease. or mining location on which it is proposed to utilize the water .. .. .. .. 5. The applicant's interest in the land specified in (4) above .. 6. Name of body of water (spring, river, lake, etc.) which may be utilized .. .. 7. State as specifically as you can the proposed purposes for which you wish to use the water .. .. .. .. 8. Give a general description of the proposed project referring where necessary to the index map which you are required to submit herewith: Note.-If insufficient space has been provided under this heading, additional information may be given on a separate sheet of paper, which should be attached hereto. 9. State the time you estimate it i will take to make the necessary surveys and investigations 10. State when you propose to start the above investigatioo (give date) 138 CAP. 372 Water [Rev. 1972 [Subsidiary] FORM No. W.A.B. 6-(Contd.) II. To the best of my knowledge and belief the following land and landholders might be affected by the investigation and survey: I Postal address of the Description of land (give Land Reference No.) Name of Owner owner or of his duly authorized agent 12. The Receipt No obtained from the Director of Surveys for searching his registers for the names of the registered owners of the farms mentioned in paragraphs 4 and II above is , and I attach hereto Fonn No. W.A.B. 8 (in duplicate) from the Registrar of Titles. 13. I enclose herewith the index map required by law. 14. I enclose herewith for Shillings , being the prescribed fees for the examination of this application and for the issue of the authority applied for. I understand that if an authority is not issued to me the fee for issuing an authority will be refunded. Date . Signature of Applicant or duly Authorized Agent on behalf of NOTES I. The applicant must fill in the blank spaces in this form with the required information, and, where alternative terms or expressions are used, he must strike out those which are inapplicable. 2. The maps referred to in paragraphs 8 and 13 must be an index map drawn in indian ink on tracing linen or other substantial material to such a scale as will allow all details to be legibly recorded, but in no case to a scale less than one inch to the mile, having marked thereon the scale or scales and north point, true or magnetic or both, and the latitude and longitude, signed and dated by the applicant or his agent, having a number and tide and showing (a) all the places. farms, mining leases, mining locations or reserved area boundaries and the Land Reference number of the farms or the names of the reserved areas, if any, mentioned in the application; (b) the approximate position of any road or railway reserves, and the approximate position as dose as may be estimated, from any information which the applicant may have, of any proposed works mentioned in the application. 3. When this application is signed by an agent, he must produce to the Water Apportionment Board satisfactory evidence of his 'luthority to sign for and on behalf of tbe applicant for an authority. Rev. 19721 FOlUl No. W.A.B. 7 Water CAP. 372 (r, 127) 139 [Subsidiary} Application for a Water Search PAll.T 1 To THB REGISTRAR OF TITLES/GOVERNMENT" L>.NDs/LAND TITLES. NAIROBI/ MOMBASA. I [We] of P.O. Box No . • • •• 0 •• 0 ••••••••••••••••••••• request you to forward to me [us]. in dupticate. a list of the names of the registered owners of all the unda'mentioned farms and also. as regards (I) below, of the areas of ::be farms (I) Farm[s] on which water is to be utilized for the particular purposes of the application for a water permit L.R. No.[s] (2) Farm[s] other than the above-mentioned on which works are proposed to be constructed and [or] over which an authority is required L.R. No.[s] Stamps to the value of Sh. affixed hereto. Date .. in payment of fees are Signature of Applicant. PART II WA'rnR SEARca NUMBER . (For completion in the Registry) The names of the registered owners and the areas of the above mo:ntioned farm[s] are as follows LoR. No. Registered Owner Area in acres IJ:lUe . 0 • 0 •• 0 • • • • • • • • • •• Registrar. Note.-This form should be forwarded in triplicate to the Registrar by all applicants for a Water Permit or Authority who require verification of ownership and other details of farms. The Registrar will retain the stamped form and return the other two copies with Part II completed. These should then be compared with any statements you have made in your application and should accompaoy your application for a Water Permit or Authority. 140 [Subsidiary) CAP. 372 FORM No. W.A.B. 13 Water [Rev. 1972 (r. 126) 3. Occupation 2. Residence Postal Address This form is to be submitted in triplicate Application for a Water Permit (Surface Water) ~OTES-1. This form is applicable only for applications for water permits involving the diversion or use of water and is not applicable for application for water permits involving reclamation or drainage. 2. Parts I and IV must be completed by all applicants. Only the appropriate sections of Parts II and III need be completed. 3. Instructions for filling in this fonn are given on page 8. To THE CHAIRMAN OF TIIE WATER ApPORTIONME.'<T BOARD. P.O. Box 30043, NAIROBI PART I I. Full name of applicant(s) (in : block letters) .. .. ! 1 4-.-N-um-be-r-(-s)-a-n-d--lo-c-a-lit-y-o-f-! applicant's holding(s) 1: Or area of mining location or ! mining lease . . .. I Or other description of the I applicant(s) holding I 5. (a) Land reference number of Ii farm or other description , of land where water is to \ be used . . .. .. I (bl Is land freehold or lease- i hold? If leasehold state i date of expiry of lease .. ! (c) Acreage of farm .. .. I I 6. Name or description of body I' of water from which the water required is to be diver- : ted, stored or used .. I --1 7. Is the body of water des- I cribed above situate in or '1' does it abut upon or flow into , a Reserved Area? .. I 1 8. Describe- I (a) The point of abstraction I or diversion; and I or .. I (b) The point of storage; and i (c) The point of use .. .. I Rev. 1972] Water FORM No. W.A.B. 13-(Contd.) CAP. 372 141 [Subsidiary) 9. Flow of river, stream, spring or other body of water which is to be diverted or in which water is to be stored (to be completed if infor mation available.) (a) (i) Breadth of water surface in feet .. (ii) Average depth ofwater in feet .. WHEN FLOW OF BODY OF WATER IS In flood Low Normal to be stated where possible ....... Months (iii) Surface velocity in f~ per second .. .. .. I I (iv) Estimated discharge in 1------+ cusecs .. 1 1 Or (b) If stream has been gauged by I other method, state: (i) Discharge in cusccs or I gallons per day .. . . (ii) Method of gauging (c) How many months (if :my) in the year is the river dry? PART II-PuRPOSE(S) AND QuA."iTITY OF WATER FOR WHICH APPUCATION IS MADE 10. DoMBS11c PuRPOSE I QUANTITY OF WATER State whether water is required for- I REQUIRBD (GuSHCS OR (a) Household and sanitary use: I GALLONS PER DAY) IOf normal flow IOf flood water (i) No. of EUrOpeaIlS-. } I (ii) No. of Asians . .. (iii) No. of AfricaIlS...-......... I (b) Watering stock: I r (m ~;peo~if~es;~::::::=} 1 . (iii) No. of small stodL-.-......• (iv) Type of small stodL•......... (c) Cattle and sheep: No. of dips (d) Other essential requirc:mcnts of farming operations wbich are not of an industrial naIIIr'e. State use(s) to which water will be applied. Total (Domestic Purposes) 14i CAP. 372 Water lRev. 1972 (Subsidiary] FORM No. W.A.B. 13-(Con/d.) No/e.-The normal quantities allowed are: Non-Africans 50 gallons per day per head. Africans 10 gallons per day per head. Large Stock 10 gallons per day per head. Small Stock 2 gallons per day per head. IQU~~WA~ I I. PUBUC PuRPOSE IN CuSECS Fill in appropriate space ifwater II is required for- . No~al flow Flood water (a) ~:::~~~:y u~~~sS~~Pl;~~ I,' Presentl···Y~···11 Present II··Y~~~ water to persons other than I time hence time hence the operator, in considera- i---I tion of payment therefor.. 1 1 1 -1 (b) Steam raising on railways .. i II (c) Other use (not (a) or (b) 1---1- - - .- - - - - above or for power) .. : 1 1 (d) TOla.1 water applied for, for ! I public purposes .. .. i '-- --'-- "Fill in the number of years hence !upon which your estimate is based.,, [ Europeans I Arabs andAsians Africans I, , I i I I ! I , I, (ii) Estimated population 5 years hence .. (iii) Estimated population 10 years hence (iv) Estimated population 20 years hence (f) When water is to be used , (f) for (c) above, state use to , which water is to be applied, and give details. (g) Slate if water is to be sup- (g) plied to any person, other than the applicant, in con sideration ofpayment there for. Answer "Yes" or "No". (e) When the water is required for (0) above, the following information should be sup plied as far as possible (i) Estimated population at present Rev. 19721 Water FORM No. W.A.B. 13-(Comd.) CAp. 372 14:'3 (Subsidiary) 12. MINOR IRRIGATION PuRPoSB (Up to 2 acres) State the following (a) Area to be irrigated (b) Crops to be irrigated (c) Quantity of water required (Ii) How disposal of drainage, seepage and surplus water is to beeffected WATER lUQuIRED IN CuSECS OR 13. I~"'DUSTRIAL PuRPoSB GAlLONS PER DAY State the quantity required in Normal flow Flood waterthe appropriate space (a) Steam raising, cooling and (a) condensing water. (b) Fibre treatment (i) Decorticating only .. (b) (1) (ii) Sluicing away refuse, (2) excluding (i) above .. (c) Coffee pulping and washing (c) (d) Other purposes .. .. (d) (e) Total water required for in- (e) dustrial purpose .. (f) If water is required for (d) (f) above, give details .. .. A!ulA PLANn!D IN ACRES (z) State in the appropriate Estimated Five spaces opposite the area At Present Years Hence under- (Answer if possible) (i) Coffee .. .. .. (ii) Sisal .. .. .. (iii) Other crops for which water for industrial pur pose is requircd (state crop) .. .. (i) State the periods during the From To... ...... . year when the water will be required. FroIIL..... .... To... . . . (i) The normal and maximum Normal - . - .. . -- . number of hours per day the factory will be run. Maximum ... 144 (Subsidiary] CAP. 372 Water FORM No. W.A.B. 13-(Contd.) [Rev. 1972 U) Give a brief description of the machinery and plant, stating the number and size, pressure and evaporative capacity of the boilers (if any), the number, size and description of the motive power units and the size, I number, description and I capacity of any special I machinery used. I ! 14. POWER PuRPOSB (If a hydraulic ram is to be used fill in paragraph No. 20.) State the following: (0) Purpose for which power is (0) required. (b) Brake horse-power to be developed: Maximum (b) Minimum .. ...............(maximum) B.H.P. . (minimum) RH.P. .. .feet. (3) .feet. (c) The gross fall or head avail able for power production in the power reach of the river (i) At low stage of the river I (c) (I) .feet. (ii) At normal stage of the river .. . . . . (2) Jeet. (iii) At high stage of the river .. (Note.-{c) (i) and (c) (iii) need be answered only when the maximum brake horse-power to be developed is in excess of 100.) (d) The net fall or head to be (d) ........ utilized in (b) above. (e) The water required to de- (e) cusecs of normal flow. velop (b) above. .. cusecs of flood water. (f) Description and number of (f) machines to be installed, e.g. Pelton wheel, overshot water wheel, etc. (g) Is it proposed to develop the (g) full amount of power avail able at the suggested site, including all falls and rapids in the power reach of the river? (h) How water after utilization (h) in power generator is to be returned to the river. State length of return channel (if any) ...feet. Rev. 1972] Water CAP. 372 145 FORM No. WAB. 13-{Cuntd.) [Subsidiary) (2) (ii) (i) (1) U) (i) Crop (a) (l) .area . acres. Crop (2) area acres. Crop (3} = acres. Crop (4) area acres. (b) ...... .. cusecs or gal. per day of normal flow. .. cusecs or gal. per day of flood water. (i) If electrical energy is to be I derived from the power I above state (i) Does the applicant pro pose to supply any electrical energy to any person other than him self, in consideration of payment therefor. (ii) Details of any generat ing and distributing licences issued under Electric Power Act and held by the applicant. U> (i) Will the prime mover and its accessories be situated entirely on the property of the appli- , cant? (State "Yes" or "No".) (ii) If not, give details of land (L.R. No. and name of owner) on which works will be situated. (b) The quantity of water re quired. 1 15. GENERAL IRRIGATION PuRPOSE I [State the following- , (a) Crops to be irrigated and i area of each crop. I (e) Describe the class of soil to (e) be irrigated. (d) Describe nature of subsoil (d) with particular reference to its drainage possibilities. (e) Describe in detail the works (e) (if any) to be constructed to drain the irrigated lands. (f) Where is residue of used and (f) unused water to be dispnsed of? State name of body of water to which it will be returned. 146 CAP. 372 Water [Rev. 1972 ISubsidlary.} FORM No. W.A.B. 13-{Contd.) 16. OTHER PURPOSES Stat: the following (a) Nature of purpose (b) Quantity of water required (a) (b) ........... cusecs or gal. per day of normal flow. ..............................cusecs or gal. per day of flood water. (e) Make such statement of facts as will show that the quantity of water applied for is reasonable and show how water is to be utilized. PURPOSE 17. SuMMARY OF PURPOSES AND QUANTITIES OF WATER ApPLIED FOR QUANTITY OF WATI!R ApPLIED FOR .I N o rma I: fl O w 1 Flood water . Cusecs or gal. per day Acre feet Cusecs or gal. per day Acre feet Domestic .. I Public 1---1 Minor Irrigation TOTALS •. Industrial Power (including drive water re- ~I quired for ram) . . . . I-i-===-General irrigation .. Other 18~ Fou.utION Would the water now applied for be used for any purpose or- in any process that will foul it or that will increase its burden of silt, gravel or boulders or cause it to be injurious directly or indirectly to public health, to stock, to 5:sh or to crops or gardens irrigated with such water? .Answer "Yes" or UNo". If the answer is in the affirm ative, describe fully what su:ps are proposed to render tile effluent and the residue I al it innocuous and pure be fare returning it to the sueam. I Rev. 19721 Water CAP. 372 147 FORM No. W.A.B. 13-(Contd.) PART III-METHOD OF DIVERSION (SlIDsidiary] Estimated discharge at full supply depth . Material(s) in which canal is to be constructed.. .. . Yes/No. (a) Canal Feet Inches Width at bottom .. Width at full supply level., . Depth of water at full supply level , .. Length miles/feet... Gradient, fall in 100 feet., .feet Average velocity in feet per second (b) Pipe Internal diameter inches. Length....... feet. Hydraulic gradient fall in 100 feet .....................................................feet. Description of material of pipe and thickness thereof... .. (No/e.-If canal is long and has any changes in cross section, the details required are to be given for each cross section- I these should be given on a I separate sheet of paper if not shown on the plan(s) accorn- I panying this application.) I (b) Details of pipe line . '11 (Note.-If the pipeline is long and has any changes in size give the details required for I each size of pipe or for each change in the hydraulic grad-I ient.) (c) Details of any other struc·I ture such as syphons, flumes, tunnels, escapes, etc. ' (d) (i) Will any of the above 1 canals, pipes and/or structures be situated on holdings of other landholders? (ii) If so, state full details of land or lands affected. 19. DIVERSION BY GRAVITATION (By means of a canal and/or pipe.) (a) Details of canal. 20. METIiOD OF DIVERSION Diversion by pumping (includ ing by means of a ram*). Fill in particulars of the plant in the appropriate spaces op posite. (*In the case of a ram answer only (a), (c), (f), (g), (h), (i), (j), (k), (f), (m) and (n).) (h) Length of suction pipe. In the case of a ram (f), (g) and (h) refer to the drive I pipe. ' (i) Height to which water is to be lifted above pump. U) Internal diameter of delivery pipe. (k) Length of delivery pipe (a) Type of pump (b) Type of driving machine and fuel used . (e) Brake horse-power (at sea level) of (b) above B.H.P. (d) Approximate elevation of pump above sea level; .feet. (e) How pump is driven from driving machine (j) Internal diameter .of suction plpe inches. (g) Height of suction. .....feet, (h) .feet. (I) .. . .feet, (j) •.inches. (k) . feet. 148 CAP. 372 Water [Rev. 1972 [Subsidiary] FORM No. WAB. 13-(Colltd.) (m) u uuu u.gallons per hour. OL..u u.uu u u.cusecs. 20. METHOD OF DIVERSION-{Contd.) (f) How many hours per day will pump work? (m) Quantity of water to be pumped when pumping plant is working. (n) Will the pump and its acces sories be situated entirely on applicant's land? (State "Yes" or "No".) If the answer is in the negative, state L.R. Nos. of farm and names of registered holders of the land that might be affected. (f) .u..uu . . uu..hours. InchesFeet (g) Estimated area of reservoir at spillway level. (h) Whether the submerged area (h) at high flood level ....m be wholly within appficant's holding(s). If not, state L.R. Nos. and names of owners of the land affected. 21. IF A DAM IS REQUIRED State whether a dam is neces sary-s-t'Yes" or UNo'" If a dam is necessary, stare-s (a) Nature of stream bed at site, (a) u.u.u u u u u.u..u.u.u•. e.g. "sound rock", '"fissured rock", "soil", "sand", etc. (b) Nature of walls of river (b)u.. channel at site, e.g. ~soil", "rock", etc. (e) Will dam be founded on (e) u u uu u sound rock? ("Yes" or "No") (d) Will dam be founded on any (d) .u u u.uu.uuu.u u..u..u.uu. .. material which may be eroded by any undedlow? ("Yes" or "No") (e) Description of dam, such as, (e) u.u u..u u u earth, earth with core wall (stating kind), coocrete, masonry, etc. I (n Fill in dimensions in space (n opposite. Length of dam Thickness at crest .. Thickness at base .. Greatest height of dam .. .... .. . (g) u .uuu..•. ..u -..acres. (i) Whether one or both banks (i) of the stream at the pro posed site of the dam are on applicant's holding. If not, state L.R. Nos. and names of owners of land. etc.• affected. Rev. 1972] Water FORM No. W.A.B. 13-{Contd.) CAP. 372 149 [Subsidiaryj (j) Will any other works in- (j) eluding weirs, already con structed or being construc ted, be affected by the head and/or tail water levels of the proposed works? An swer "Yes" or "No". If "Yes" give full details of works affected. (k) The following information (k) is required if the dam ex ceeds 50 acre-feet in capa city or 15 feet in height Catchment Area (i) Area of surface catchment (ii) Maximum length of catch ment (iii) Average breadth of catch ment (supply sketch of shape of catchment with dimensions, on separate sheet.) acres. ......miles or yards. ......miles or yards. (iv) Ruling slope of catchment (v) Nature of ground in catch ment (e.g, rocky, stony soil, clay soil, etc.) If soil, state whether this is deep or shallow .. (vi) Vegetation in catchment (e.g, forest, scrub, pasture, crops or fallow) .. 22. DISPOSAL OF FLOOD WATER PAST DAM State if flood water is to be dis posed of by means of (a) The dam acting as a weir .. (b) By-pass(es) or waste weir(s) on one or both flanks. (e) State width and depth of by pass(es) below crest level of dam. (d) If by-pass(es) or waste weir is to be constructed, state nature of material in which the waste weir channel will be excavated. (e) Gradient of waste weir channel. ...In degrees or ex pressed as I ft. in ft. (a) .. (b) .. (e) . width. . depth. (d) . (e) . 1all in 100 feet. 150 ISubsidiary I CAP. 372 Water FORM No. WAB. 13~Contd.) PART IV-GENERAL [Rev. 1972 23. State the licences, sanctions or 23. permits already issued in res pect of the land described in paragraph 5. (If nil, state "Nil") 24. State the estimated period of 24. construction of the works ................................months. 25. State the period after the com pletion of the works when all the water now applied for will be beneficially used. 25. 26. The General Map No and the following plans Nos . which have been prepared in accordance with the Water Act and the rules thereunder. and which are sent herewith, are hereby declared to be a part of this application. 27. State the period for which the 127. permit is required. 28. The address(es) of the owner(s) of the land(s) which may be affected by the proposed works and whose name(s) and holding(s) is/are shown on the General Map referred to in paragraph 26 above is/ are given in the Schedule attached hereto. (If no lands are affected state "Nil" on Schedule referred to.) 29. The following report and/or documents are sent herewith in support of my application. (Here give Titles or Reference Nos . .................................... ) 30. I attach hereto verification of the names of the registered owners of the lands mentioned in paragraphs 4 and 28 above. 31. (a) Attached hereto is/are statements signed by the landholder(s) . over whose lands it is required to construct works that the said landholders have granted permission for the proposed works to be constructed on their lands. (b) Attached is/are certified copy (copies) of the deeds which grant me tbe easement(s) to construct works on . .. [Description 0/ property or properties] 32. I agree to supply any further information which may· No required by the Water Apportionment Board. Rev. 1972] Water FORM No. W.A.B. 13-(Contd.) CAP'. 372 151 [Subsidiary] 33. I enclose herewith .......• for Shillings cents . to cover the prescribed fee for the Water Permit applied for, and I understand that the balance, if any, between the above amount and the prescribed fee win be returned to' me. Signature of Applicant or duly Authorized Agent. Date . SCHEDULE REFERRED TO IN PARAGRAPH No. 28 Landholder Address INSTRUCTIONS FOR FILLING IN THE FORM (PI.au write distinctly) PARA. I.-State the names of 1B persons having an interest in the application. In the Case of an association or a company. corporation. municipality. etc., the name of the association, company, corporation, municipality, etc" as the case may be, should he stated. PARA. 2.-lt a company, state the registered office of the company in Kenya. PARA. 4.-Give an accurate description, the land registration number and the area of the land on each holdmg or farm where the water is to be used. PARA. 6.-The name or, if =named, a sufficient description of the spring, river or other body of water to identify it and state the name of the body of water (if any) to which it is tribDQ!y. PARA. 8.-Describe as accurately as you can the various points mentioned, for example, 9 (a) "At a point on the left bank of the river; 240 feet downstream of the point where the south-west boundary of farm L.R. 21967 Intersects ..the left bank of the Simba River". PARA. 9.-In order to gauge roughly the flow of stream, select in the vicinity of the proposed point of diversioD a length of the stream where the flow is steady and not turbulent. Aboltt the middle of this length select a site and measure the breadth of the surface of the stream at right angles to the direction of flow, say this is "a" feet. 1bcn measure the depth of the water in feet at regular intervals (such as 3 inches, "6 inches or I foot, etc., depending on the size of the stream) across the line where the breadth has been measured. Add up all the depths and divide by. theaumber of times the depth has been measured; the result will be the average depch. say "b" feet. Mark a point 50 feet (or some other convenient distance) downsueam of the point where the breadth was measured and mark a similar point 50 feet upstream from the point where the breadth was measured. Throw some object which will float into the centre of the stream and note the time iII seconds it takes to cover the total distance between the two marks set out as above. The distance in feet divided by the time in seconds gives the central surface velocity say "e" feet per second. Then the discharge of the sa-eam in cusecs equals "a" x "b" x "e" X 0.7 approximately. One cusee equals one cubic foot per second, equals 374 Imperial gallons per minute, equals 538,453 Imperial pIIons per 24 hours. In the ease of a small sp~ or stream, the time noted to fill a vessel of known capacity should be observed, e.g, a 4-galJon petrol tin filled in 20 seconds, therefore discharge of spring equals 2~ x 60, equals 12 gallons per minute. equals 12 . 374' or 0.032 cusecs apprOXImately, PARAS. 14 AND 20.-The hrake horse-power obtainable from the use of water is to be determined as a produa of the following factors (a) flow of water utilized expressed in cubic feet per second; (b) the average availahle statir:: head 'in feet; (c) the faetor 0.09. PAIU. 3I.-DeJete (a) or (b) or both if inapplioable to the appr1Cltrion. 152 [Subsidiary] CAP. 372 FORM No. W.A.B. 14 Water [Rev. 1972 (r. 128) This form is to be submitted ill triplicate Application to Construct Works Across a Road, Railway, Road Reserve or Railway Reserve To TIlE CHAIRMAN OF THE WATER ApPORTIONMENT BOARD. P.O. Box 30043, NAIROBI. (Address) (Date) , 19. Sir. I beg to make application for perrmssron from the appropriate authority to cross the *Road, Road Reserve, Railway or Railway Reserve with the t shown in my application for a Water Permit. The point[s] at which I desire to cross the above-mentioned road, road reserve, railway or railway reserve and the size[s] and details of the structure[s] which I propose to build to effect such crossing[s] are shown in the plan[s] attached hereto. am, Yours faithfully, Applicant or duty Authorized Agent. * Insert name of road, e.g. "A to B District" or "P to Q Main Trunk" or portion of railway or railway reserve, and delete the words ioapplicable. t Insert canal or pipeline, Rev. 19721 FORM No. W.AB. 16 Water CAP. 372 (r. 130) 153 [Subsidiary] Authorization to Construct Works for the Diversion, Abstraction, Storage or Use of Water FILE No . OFFICE OF THE WATER ApPOI010NMENT BOARD, P.O. Box 30043, NAIROBI. No . Name of body of water Date . Drainage area . Number permit will bear if or when issued . Number of authorization . ............ . [fill! name], of , having filed the necessary application, map and pans, and having complied with the provisions of the Water .Aa and the rules thereunder relating to the applications for water permits, is [are] hereby authorized to construct, subject to the acquisition of the necessary rights of way or easements therefor, if any. the works shown by the said application, map and plans in accordance with the provisions of the Water Act, the rules thereunder and the following conditions: I. The construction of the works hereby auu-ized shall corn mence with in a period of days/months/years, and shall be completed within a period of moaths/years, from the date of this authorization. 2. (a) Any person who erects or constructs temporary works shall be entitled to divert, abstract, impound, obstruct, store or use water to such extent only as may be necessary for the construction or erection of the works, and, whenever it is necessary to divert. abstract or impound water during the erection or coestruction of the works authorized. such diversion. abstraction. cbstreedon, impounding or use of water shall be made at such time and in SDCh manner that the works of other operators are interfered with as little as possible and that no damage is caused to property of aDOlher landholder: but if any damage is caused it shall, failing agreement between the parties concerned. be settled by arbitration under the Arbitration Ordinance. (b) Unless empowered thereto by the Waler Apponionment Board in writing, all temporary works shall be removed wilhin a period of three months from the date of completion of the works authorized or from the dale of determination of the authoriz:lUion (whichever be.the earlier). and where any temporary works exist. such as quarries. borrow-pits. excavations. cuttings, tunnels or Ihings of a like nature. 154 CAP. 372 Water [Rev. 1972 [Subsidiary] FORM No. WAR 16-(Contd.) which cannot be economically removed efficient precautions to the satisfaction of the Water Apportionment Board shall be taken, by the person named in the authorization, to render and to maintain all such temporary works safe in the interest of life and property. The Water Apportionment Board reserves the right to inspect the works authorized by this authorization. and attention is drawn to section 9\ of the Act. Special Conditions-[if none, say "Nil"] Chairman of the Water Apportionment Board. FORM No. W.A.B. \7 (r, 132) Certificate oj Completion of Works Authorized To THE CHAIRMAN OF TIlE WATER ApPORTIONMENT BOAAD. P.O. Box 30043, NAIROBI. Sir, [Wel•.................................................. , of ............••••............................................ , hereby certify that the works for the diversion, abstraction, use or storage of water awhorized by Authorization No. . . dated have been completed in accordance with the said authorization, and that in constructing or erecting the said works no deviation from the description of the works as shown on the application and map and plans, which were approved, has been made except such deviation, if any. as has been duly authorized in writing; and I [we] hereby apply for a permit granting me [us] permission to divert, abstract, use or store water in accordance with my [our] registered application. Yours faithfully, Signature of Holder of Authorization or duly Authorized Agent. Dale . .V.B-·This form should be filled in as soon as the works authorized have been completed. Rev. 1972] FORM No. W.AB. 24 Water CAP. 372 (r. ~5) 155 [SubsidiaryJ This form is to be submitted in triplicate Application for a Permit for Small Power Scheme NOTE.-This form is to be used only whenever the maximum brake horse-power to be developed by any landholder or occupier whose works would be situated entirely within his holding or entirely within a Reserved Area is less than 20 (twenty), and the water would be returned to the same body of water from which it would be diverted or abstracted. To THE CHAIRMAN OF THE WATER APPORTIONMENT BOARD, P.O. Box 30043, NAIROBI. I [We], [full name] of [postal address]. in the District of and in the Province of , hereby make an application for a permit for power purposes, and I [we] hereby declare that I [we] have read the NOTE at the top of this form and that the proposed works will comply with the provisions of the said NOTE. I. The water is to be diverted from [name of body of water]. a tributary of [name of body of water]. 2. The maximum flow of water which the applicant intends to divert and use is cubic feet per sencond for the purpose of generating power for operating . · . . . . . . . . . . . . . . . .. [state coffee factor)'. sawmill. flour mill. etc.]. 3. The average available static head (or total fall to be utilized) is feet. and the maximum brake horse-power to be developed is (l) . Description of Works 4. (a) Greatest height of weir above foundation .•........ feet; length at top ........•...... feet. (b) Material to be used and character of construction .......•.. · '" .... , .•••............................... [ioose rock, concrete, masonry, rock.. and brush. earth, timber: crib. erc.] with waste way · " [over. or around weir]. 156 CAP. 372 Water [Rev. 1972 [Subsidiary] FORM No. W.A.B. 24-{Contd.) 5. Canal feet long from point of diversion to point of return. 6. Attached hereto is a signed and dated sketch map (2), which shows the location of the works, the direction of flow of the stream, the proposed point of diversion. the point of return of the water to the body of water and the point of utilization. I declare that I am the landholder [agent] [occupier] duly authorized to act for and on behalf of the landholder [occupier] on whose land the works will be entirely situated. Description of land on which the works will be situate: L.R. No. Reserved Area . Or other description . I enclose herewith for Shillings to cover the prescribed fee[s] for the permit now applied for. Signature of Applicant or duly A uthorized Agent, Date 19 .• (I) Brake horse-power is the product of the following factors (a) the maximum flow of water to be utilized in cubic feet per second: (b) the average available static head or total fall to be utilized in feet: (c) the factor 0.09. (2) The map must have a title embodying the name of the applicant and name of the body of water concerned. Rev. 1972) FORM No. W.A.B. 25 Water CAP. 372 (r, 136) 157 [S1Ibsid1ary] Application for a Permit to Construct a Dam or Dams on Watercourse having no Normal Flow To THE CHAIRMAN OF THE WATER ApPORTIONMENT BOARD, P.O. Box 30043, NAIROBI. 1. Full name of applicant(s) (in block letters) 2. Residence Postal address .. 3. (a) Land Reference No.(s) and district of applicant's hold ing(s) (b) Land Reference No. of farm on which dam is to be con structed 4. (a) Name of watercourse (b) Is the watercourse situate in or does it abut upon or enter into a reserved area? \ . - . months. . .... .................................................... cusecs. 5. (a) Estimated discharge of flood water (b) How many months in the I' year is the river dry? .. 1 6. Particulars of dam- I (a) Nature of stream bed at site. e.g. "soil", "rock", "sand", etc... (b) Nature of walls of river channel at site, e.g, "soil", "rock", etc. (c) Will dam be founded on sound rock? ("Yes" or "No") (d) Will dam be founded on any material which may be eroded by any underflow? (e) Description of dam, such as earth with core wall (stating kind), concrete, masonry. etc... 158 [S-aidiary] CAP. 372 Water FORM No. W.A.B. 25-(Conld.) [Rev. 1972 (f) Fill in .dimensions in space (f) opposite JI. in. Length of dam . Thickness at crest .. .. Thickness at base . Greatest height of dam .. (g) acres. (g) Estimated area of reservoir at spillway level (h) Will the submerged area at high flood level be wholly within applicant's hold ing(s)? .. I If not, state Land Reference I Nos. and names of owners i of the land affected (il Are both banks of the water course at the proposed site of the dam on applicant's holding(s) ? If not, state Land Reference Nos. and names of owners of land affected .. i (j) Will any other works, in- ; eluding weirs, already con- i structed, be affected by the ! ~~~:npd!~;o~~w:~~~erls f .. If so, give full details of the works affected " (k) The following information is required if the dam ex ceeds 50 acre-feet in capa city or 15 feet in heigbt Catchment Area (i) Area of surface catch ment .. (ii) Maximum length of catchment (iii) Average breadth of catchment (Supply sketch ofshape of catchment. with dimen sions, on separate sheet) tiv) Ruling slope of catch ment .. (v) Nature of ground in catchment (e.g, rocky, stony soil. clay soil, etc.) .. acres. ....... miles or yards. ................................ miles or yards. (In degrees or expressed as one foot in .feet) Rev. 1972) Walet CAP. 372 159 FORM No. W.A.B. 25-(Contd.) If soil, state whether this is deep or shallow (vi) Vegetation in catch ment (e.g, forest, scrub, pasture, crops or fallow) .. 7. Disposal of Excess Water Past Dam: state if excess water is to be disposed of by means of (a) The dam acting as a weir. . (a) . (b) By-pass(es) or waste weir(s) (b) . on one or both flanks [Subsidiary ) .. I (c) State width and depth of by-pass(es) below crest level of dam (d) If by-pass(es) or waste weir is to be constructed, state nature of material in which the waste weir channel will be excavated (e) Gradient of waste weir channel (c) width. ........................................... .. depth. (d) .. (e) .. . 8. State the estimated period of construction of the works .. I - ----- . 9. The General Map No. and the following Plan Nos which have ben prepared in accordance with the Water Act and the rules thereunder, and which are sent herewith, arc hereby declared to be part of this applica tion. 10: I attach hereto verification of the names of the registered owners of the land mentioned in paragraphs 3 and 6 above. 11. I agree to supply any further information which may be required bythe Water Apportionment Board. 12. I enclose herewith for Shillings cems . to cover the prescribed fees for the permit applied for. Signature of Applicant or duly AurhoriBd Agent. Data .~ ' " . 160 (Subsidiary] CAP• .372 FORM No. W.A.B. 26 Water [Rev. 1972 (r. 116) Notice of lntention to Construct a Well/Borehole To THE CHAIRMAN OF THE WATER ApPORTIONMEI'IT BOARD, P.O. Box 30043, NAIROBI. In accordance with section 51 (1) of the Water Act, I hereby give notice of my intention to construct a well [borehole] as detailed below: I. Name . 2. Postal address . 3. Land Reference No. of plot or farm Acreage . 4. Purpose for which water will be used . 5. Proposed borehole contractor (if known) . 6. Proposed date of commencement (if known) . 7. Distance well will be from nearest existing well/borehole . 8. Quantity of water to be taken from well daily . Signallire of Applicant or duly Authorized Agent, Date NOTES I. This form is to be used only if the well or borehole is to be situated (a) outside a conservation area notified under section 74 of the Water Act, and (b) more than 100 yards from any body of surface water. 2. If the conditions under Note 1 are fulfilled, no authorization is needed to proceed with the work, but it will be necessary to notify the Water Apportionment Board when construction com mences and, unless otherwise exempted, to submit the drilling record in Form No. W.A.B. 28 on completion of the work, whether the well or borehole :s a success or not. 3. If the well or borehole is to be situated less than one-half mile from the nearest existing well or borehole, the written authority of the Water Apportionment Board is required under section 50 (2) of the Act before the construction or extension of a well or borehole is commenced. Except that written authority is not required where the total quantity of water to be extracted in anyone day will not exceed 5,000 gallons (or such other quantity as the Water Apportionment Board may approve) and the well or borehole is to be not nearer than 250 yards from any other well or borehole. Rev. 1972) Water CAl'. 372 161 FORM No. W.A.B. 26-(Contd.) 4. This form is to be submitted and not less than one month before construction of the well or borehole is due to commence, and must be accompanied by a sketch map or Land Office plan, in duplicate, on a scale of not less than one inch to the mile, on which must be shown the boundaries of the land on which it is proposed to construct the well or borehole, the approximate position of the proposed well or borehole and, if possible the position of the nearest body of surface water and of the nearest existing well or borehole. FOR USE OF THE WATER ApPORTIONMEl'.'T BOARD ONLY Acknowledgment issued on . W.A.B. Well No. allocated . Written authoriry of the W.A.B. (under Note 3) issued on [Subsidiary] FORM No. W.A.B. 29 This form is to be submitted in triplicate (rr. 117 and I 19) Application for a Water Permit (Ground Water) To THE CHAIRMAN OF THE WATER ApPORTIONMENT BOARD, P.O. Box 30043, NAIROBI. I. Full name of applicant . 2. Residence . Postal address ....................................•........ Occupation ........................................•....... 3. Land Reference No. of Land on which well/borehole will be [has been] sunk . 4. Land Reference No. of Land on which water will be used Acreage . 5. Description of proposed well/borehole, i.e. diameter of weIll borehole, depth (if known), etc. . . 6. Purposes for which water is required: Gallons per day Domestic Public Minor irrigation (up to 2 acres) Industrial General irrigation (over 2 acres) Any other purpose (to be stated) Total quantity of water per day: 162 CAP. 372 Water (Rev. 1972 [5ubstdlary] FORM No. W.A.B. 29-{Contd.) 7. Alternative sources of water available to applicant 8. The following are the existing wells/boreholes within one-half mile of the site to which this application refers: Well No. (if known) L.R. No. of Farm Distance from proposed site 9. The following additional information is required from the existing users of ground water in a conservation area or when a well/ borehole is to be deepened: (a) Details of existing well/borehole: Depth of well/borehole Type of equipment installed .. Depth of cylinder or suction pipe from surface Depth of water from surface before pumping commences Depth of water from surface during pumping (if known) .. (b) Average number of hours per day well/borehole is pumped gallons per hour (c) Average rate of pumping .. (d) Is air sucked by the pump at any time during pumping .. (e) Has there been any variation in the yield of the well/borehole? If so, please describe .. Signature of Applicant or duly Authorized Agent nate Note.-This form is to be accompanied by a sketch map, in duplicate, traced from, or a copy of, a Land Office plan on a scale of not less tban one inch to one mile. on which must be shown tile farm boundaries, the approximate position of the pI'Oposed well and existing wells within one-half mile radius and the position of any body of surface water. FOR USE OF THE WATER A!'PORTIaNMENT BOARD ONLY Registered No. of application •.•...•..... W.A.B. No. of well/borehole .......•• . Submitted to • • . . • . . .. for comment on Items No.(s) . Rev. 19721 FOR.ld No. WAB. 30 Water CAP. 372 (r. 120) 163 [Subsidiary1 Authorization to Sink a Well or Borehole OFFICE OF THI! WATJ!R APPORTIONMl!NT BOARD, P.O. Box 30043, NAIROBI. No . Weill Borehole W.A.B. No. Date . Land Registration No. of Farm . No. permit wiU bear when issued . . . . . . . . . . . . . . . . . . . . . . . .. Uull namel. at , having filed the necessary application for a permit to extract ground water and having complied with the provisions of the Water Act and me rules thereunder relating to ground water, is authorized to ccestruct a well/borehole subject to the following conditions: L Notice must be given when construction commences. .. Within one month of completion of the work. a Borehole Record in form No. W.A.B. 28 and borehole samples must be submitted to the Water Apportionment Board. Chairman at the Water Apportionment Board. FoRW No. W.A.B. 32 (r. 133) Application tor Borehole Contractor's Licence To "tHE CHAIRMAN, WATER APPORTIONMl!NT BOARD. P.O. Box 30043. NAIROBI. I. Name (in full) , , ••.. , , .. Address " . 2. Na%W'e of business , ...............•................... 3, P:uticulars of contracts carried out (not less than three) ltz) (i) Description , . (ii) Value . (iii) Place , .. , (iv) For whom carried out , . (v) Date works carried out , ,., . (,&) (i) (ii) (iii) (iv) (v) ..........r. 0 •••••••••••• " " 164 [Subsidiary1 CAP. 372 (e) (i) (ii) (iii) (iv) (v) Water FORM No. W.A.B. 32-(Contd.) [Rev. 1972 4. References: names and addresses of not less than two (a) ..•...•••••.•••••...••••••••••..•••••••.••.•••••••...... (b) 5. State maximum depth to which you can drill: (a) 6" lined borehole in soft formation .. . . . . . . • . .. feet. (b) 8" lined borehole in soft formation .. . feet. (e) 6" unlined borehole in hard formation . . . . . • . . .. feet. (d) 8" unlined borehole in hard formation " feet. (e) 10" borehole in hard formation .....••... feet. (/) 4" lined borehole in soft formation .. . " feet. (g) 4" unlined boreholes in hard formation .....•.. " feet. 6. State the maximum pumping rates you can carry out for any 6" borehole drilled r-e (a) Up to 100 feet depth (b) Up to 200 feet depth (e) Up to 300 feet depth (d) Up to 400 feet depth (e) Up to 500 feet depth (f) Up to 600 feet depth gaIlons per hour. gallons per hour. gallons per hour. gallons per hour. gallons per hour. gallons per hour. 7. State details of any special facilities you have for testing large yields from boreholes, such as air lift, etc. 8. State whether your equipment includes pumping apparatus for cementation works under pressure, including a test plug for 6" boreholes. Yes/No 9. State type of drills available (percussion, rotary, diamond, etc.), and the size of boreholes you can drill with the various types. I agree to. supply any further infonnation which may be required by the Water Apportionment Board. Date ........•••......... Signature of App/i.amt. Rev. 1972] Water CAP. 372 165 (r. 134)FORM No. W.A.B. 34 Application for a Dam Contractor's Licence To THE CHAIRMAN, WATER ApPORTIONMENT BoARD., P.O. Box 30043, Nairobi. 1. Name (in full) ............................••............... ' Address .................................••................ 2. Nature of business .......................•••................ 3. Particulars of not less than three contracts (preferably, but not necessarily, for dams) carried out within last -4 years (a) (i) Description .................• •............... (ii) Value ......................• . (iii) Place ........................••................ (iv) For whom carried out ........••................ (v) Date works carried out . (b) (i) . (iii '..\ . (iii) ' . (iv) .. (v) . (c) (i) . (ii) ...••.•••••••.•••••..•.••.••••••••••••••.•..•••• (iii) ............................•••................. (iv) . (v) .•......•••••.•..•••••.••.•.• . 4. Names and addresses of not less than two refen::nces (one of whom should be capable of providing information concerning financial standing) (a) . (b) •.....•......••..•..............•• . 5. State heavy equipment availahle in serviceable condition and suit able for the construction of dams. 6. State previous experience in the building of dams. 7. Do you propose to undertake the design of dams? If so. up to what size? I agree to supply any further information wbiit:h may be required by the Water Apportionment Board. and if licensed will comply with the provisions of the Water Act and the rules tbmeunder. Date "'" .. Signature of Applicant. Note.-The Water (General) Rulesstate the: r~ements in reSJMCt of preparation of plans and the' need: to 'employ a qualified engineer for dams impounding more thaD 16 feet of water. (Subsidiary)