Water Resources Regulations 2021 - Legal Notice no. 170/2021

958 Kenya Subsidiary Legislation, 2021 FIFTH SCHEDULE ( r 54(1)) COMPLAINTS INFORMATION TO BE GIVEN BY COMPLAINANT UNDER THESE RULES Item Information (a) Name of Complainant (b) Contact address, telephone number, email address (if any) of Complainant (c) Nature and location of the problem (d) Date that problem occurred (e) Name and, if available, the contact details of all parties to the dispute or complaint (f) Any other relevant details (g) Signature of the Complainant Dated the 7th July, 2021. SICILY K. KARIUKI, Cabinet Secretary for Water and Sanitation and Irrigation. LEGAL NOTICE No. 170 THE WATER RESOURCES REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS PART I—PRELIMINARY 1—Citation. 2—Interpretation. 3—Application of Regulations. PART II—PRESCRIPTION OF WATER USE ACTIVITIES 4—Schedule of activities. 5—Requirement for a permit for water use activities. 6—Categorization of water resource use applications. PART III—APPLICATION FOR A PERMIT OR OTHER AUTHORITY FOR WATER USE 7—Application for a permit. 8— Permit for temporary use. Kenya Subsidiary Legislation, 2021 959 9—Water use to be appurtenant to land. 10—Easements, wayleaves etc. 11—Consent of owner of works. 12—Use of existing works for the public interest. 13—Category A applications. 14—Category B, C and D applications. 15—Maps to accompany applications. 16—Technical report. 17—Recommendations on applications. 18—Public notification. 19—Objection to permit application 20—Guidelines and procedures for permits of temporary nature. 21—Open meeting. 22—Rejection of application. 23—Authorisation to construct works. 24—Limitation on authorization. 25—Extension of authorization. 26—Register of authorizations and permits. 27—Completion certificate. 28--Application for water use permit for surface and groundwater. 29—Water use permit validity period. 30—Water Resource User Identification Number. 31—Permit fees. 32—Conditions of permit. 33—Transfer of permit by permit holder. 34—Variation of permit by permit holder. 35—Variation or cancellation of permit by the Authority. 36—Renewal of permit. 37—Register of approved water users, water uses and permits. 38—Permit of authorisation not a defence. 39—Public notification of authorisations and permits. 40—Compliance with other laws. PART IV — SURFACE WATER 41—Surface water allocation plans and guidelines. 960 Kenya Subsidiary Legislation, 2021 42—Declaring a watercourse. 43—Boundary of properties defined by a watercourse. 44—Wetlands. 45—Land reclamation. 46—Requirement to obtain permit after land reclamation. 47—Allocation of water for irrigation. 48—Hydro power. 49—Works Associated with fish movement for protection and control of fish. 50—Water Resources data. PART V—GROUNDWATER 51—Authorisation for groundwater development. 52—Regulation of groundwater development. 53—Borehole and well test pumping. 54—Supervision of works. 55—Borehole or well completion record. 56—Issue of permit or approval 57—Groundwater conservation. 58—Artificial ground water recharge. 59—Groundwater data 60—Groundwater allocation guidelines PART VI—WATER QUALITY MONITORING AND WASTE DISPOSAL 61—Control of water pollution 62—Waste Disposal Control Plan 63—Water quality requirements 64—Liquid waste disposal records 65—Consideration of Category A Waste Disposal applications 66—Issuance of waste disposal permits 67—Spillage 68—Water quality monitoring 69—Water quality, waste disposal and effluent discharge data 70—Water quality sampling procedure 71—Pollution control enforcement PART VII—WORKS 72—Inspection of works prior to, during and post construction Keitya Subsidiary Legislation, 2021 961 73—Temporary works 74—Abandoned works PART VIII — CONDITIONS OF AUTHORISATION, PERMITS AND APPROVED WATER USES 75—Compliance with the Environmental Management and Co-ordination Act 76—Inspection 77—Controlling and measuring devices 78—Limitation of flow or quantity 79—Collection and submission of abstraction, water quality and effluent discharge data 80—Airline 81—Water resource inspector 82—Water resource data 83—Register of water bodies PART IX — WATER USE CHARGES 84—Water use charges 85—Annual adjustment of water use charges 86—Review of water use charges 87—Automated measuring device 88—Time limitation on arrears 89—Groundwater conservation charge 90—Penalty for over-abstraction 91—Waiver of premium payable 92—Penalty for failure to use automated measuring device 93—Revenue collection agents 94—Mode of payment 95—Interest for late payment 96—Failure to pay water use charges PART X—WATER RESOURCE USERS ASSOCIATIONS 97—Registration and operations of water resource users associations PART XI—BASIN WATER RESOURCES COMMITTEES 98—Consideration of Category B, C and D applications 99—Quorum of basin water resource committee 100—Regional offices 101—Publication of committee reports 962 Kenya Subsidiary Legislation, 2021 PART XII PROTECTED AREAS AND GROUNDWATER CONSERVATION AREAS 102—Identification of protected or designated groundwater conservation areas 103—Management Regulations 104—Public consultations PART XIII THE RESERVE 105—Composition of the Reserve 106—Reserve Quantity 107—Information on and protection of the reserve quantity PART XIV—REGISTRATION OF WATER SECTOR PROFESSIONALS 108—Categories of qualified water sector professionals 109—Licensing of qualified water sector professional or qualified contractor 110—Persons qualifying for a qualified water sector professional licence 111—Professionals holding non-Kenyan qualifications 112 Application for a licence 113—Professional interview 114 Qualified water sector professional licence 115—Codes of practice for qualified water sector professionals 116—Register of qualified water sector professionals 117—Complaints 118—Validity of certificates, documents or plans 119—Misrepresentation as a licensed qualified water sector professional PART XV —LICENSING OF CONTRACTORS 120—Categories of qualified contractors 121—Criteria for qualified contractors 122—Application to register as a qualified contractor 123—Qualified contractor licence I24—Verification of necessary and valid authorisations 125—Code of Practice for qualified contractors 126—Complaints against qualified contractors 127—Register of qualified contractors 128—Misrepresentation as a qualified contractor PART XVI—MISCELLANEOUS 129—Recognized water quality laboratories Kenya Suhiidiary Legislation, 2021 963 130—Orders 131—Emergency Order 132—Complaints mechanism 133—Penalties 134—Revocation 964, Kenya Subsidiary Legislation, 2021 THE WATER ACT (No. 43 of 2016) IN EXERCISE of the powers conferred by section 142 and section 36 (d) of the Water Act 2016, the Cabinet Secretary for Water, Sanitation and Irrigation makes the following Regulations — THE WATER RESOURCES REGULATIONS, 2021 PART I—PRELIMINARY 1. These Regulations may be cited as the Water Resources Regulations, 2021. 2. (1) In these Regulations, unless the context otherwise requires— "abstraction" means the taking of water from any water resource, either permanently or temporarily; "airline" is a tube installed in a borehole or well for the purposes of measuring water level; "alteration" means any physical change in the depth, diameter, casing, screen or any other structural change in an existing borehole, or any consequent change in Permit yield as a result of an approved Variation; "analysis" means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any segment of water or examination thereof; "annual potential recharge" means, in respect to an aquifer, annual potential recharge as defined by the Authority in water resources allocation guidelines issued by the Authority from time to time. "aquifer" means a geological formation, group of formations or part of a formation containing sufficient saturated permeable material to yield significant quantities of water to boreholes or springs; "artificial groundwater recharge" means the intentional augmentation of groundwater resources by directly improving the infiltration of water to a target aquifer through the construction of suitable recharge structures; "Association" means a water resources user association; "authorisation" means authorisation issued by the Authority to construct works; "authorised" means as approved by the Authority; "basic human needs" means the quantity of water required for drinking, food preparation, washing of clothes, bathing, basic sanitation and is assumed to be equal to twenty-five litres per person per day; "basin area water resources management strategy" refers to a document that has been prepared for the purpose of directing the management of the water resources within the basin area; Citation. Interpretation. Kenya Subsidiary 'LegislatiOn, 2021 965 , "borehole" means a hole, usually vertical, drilled for the extraction of or measurement of groundwater; "canal" means any surface drain, ditch, furrow, channel, flume or other conduit for conveying water, the surface of which is at atmospheric pressure; "chemical" means a chemical substance in any form whether by itself or in a mixture or preparation, whether manufactured or derived from nature and includes industrial chemicals, pesticides, fertilizers and drugs; "commercial irrigation" means irrigation primarily for commercial purpose "dam" includes any existing or proposed structure together with appurtenant works, which is capable of containing, storing or impounding water (including temporary impoundment or storage) above ground level, whether that water contains any substance or not; "discharge" means volumetric flow rate; "driller" or "drilling contractor" means a person, firm or agency which is registered under these potential Regulations to undertake the construction or rehabilitation of a borehole; "effluent" means waste which is (a) a liquid which flows out of a containing space; (b) sewage water or other liquid, untreated, partially or completely treated discharged directly or indirectly into a water resource; "environment" includes the physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment; "emergency" means a disaster or hazard caused by climatic, hydrologic, tectonic, accidental, natural or man-made events which have or potentially can affect a large population and which require extraordinary measures to be undertaken to safeguard public interests; "flow" means a volume of water passing a cross section of a body of water, watercourse or works in a unit of time; "groundwater" means the water of underground streams, channels, artesian basins, reservoirs, lakes and other bodies of water in the ground, and includes water in interstices below the water table; "groundwater potential" means groundwater potential as defined by the Authority in water resources allocation guidelines issued by the Authority from time to time; "indexation" means the methodology for adjustment of the water use charge whereby the water use charge is allowed to change by the rate of inflation over the initial price; "inspector" means any water service inspector appointed in accordance with regulation 81; 966 Kenya Subsidiary Legislation, 2021 "irrigation" refers to the artificial application of water to a plant; "landholder" in relation to land, means the registered owner of the land or the person in whom the land is otherwise vested by law, and includes— (a) any person who by any established right, customer estate whatsoever is, or is entitled to be, the holder or possessor of land; (b) any person lawfully holding or occupying land in accordance with the provisions of any law empowering the allotment of land upon the promise of title, subject to the fulfilment by the allottee of prescribed conditions; and (c) any person to whom a mining lease or mining location has been granted under the Mining Act, 2016; "land reclamation" means the process of making land capable of more intensive use by changing its general character, as by drainage of excessively wet land; irrigation of arid or semiarid land; or recovery of submerged land from seas, lakes and rivers; "measuring device" refers to a fitting, equipment or infrastructure which can be calibrated to provide an accurate measure of the flow or level of water; "natural resources" include resources of air, land, water, animals and plants including their aesthetic qualities;; "operator" means any person authorized to construct works under these regulations by authorization, or to divert, abstract, or use water by permit; "permit" means a permit for the time being in force under this Act; "permit holder" means the person the Authority has issued with a permit or any other person acting under the authority of the permit holder; "plan" means map or drawing and the associated literature; "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, conduit, tunnel, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged; "pollution", in relation to a water resource, means any direct or indirect alteration of the physical, thermal, chemical and biological properties of the water resource so as to make it— (a) less fit for any beneficial purpose for which it is or may reasonably be expected to be used; or (b) harmful or potentially harmful to — (i) the welfare, health or safety of human beings; (ii) any aquatic or non-aquatic life or property; or (iii) the environment; No. 12 of 2016. Kenya Subsidiary 2021 967 "pon" means a natural deptession that contains viTater; ' "qualified water sector professional" means a person 'qualified under these to provide the services of a profesSional chemist; hydrologist, hydrogeologist, engineer, surveyor or other professional service required to be performed under the Act; "receiving water body" means any surface or groundwater body that may be used for effluent disposal under the Act; "regional office" means an office of the Authority established within or near to a basin area pursuant to the provisions of the Act; "rehabilitation" means any physical, mechanical or chemical process conducted in any water infrastructure which is undertaken to improve its operational status; ; "riparian area" is land which by virtue of the proximity of the land to a water body, management obligations shall be imposed on the owner of the land by the Authority; "soil and water conservation plan" refers to a set of activities that have to be done in order to reduce the likelihood of soil and water loss from the landscape; "stakeholder" is a person or entity that has influence over or is affected by a certain activity on the resource; "standard" means the limits as established under these regulations which are made pursuant to the Act or any other written law; "subsistence irrigation" means irrigation primarily for household food security purposes; "use", in relation to water contained in or forming part of a water resource, means— (a) abstraction, obstruction, or diversion of the water resource; (b) discharge of materials or substances into the water resource; (c) derivation of energy from the water resource; (d) derivation or extraction of natural resources or other materials from a water resource; (e) any other activity, of a kind prescribed by these Regulations, in relation to the water resource; "variation" means any authorised amendment made to a water permit "waste" includes any matter prescribed to be waste and any matter whether liquid, solid, gaseous, hot or radioactive substances, which is discharged, emitted or deposited in the environment in such volume composition or manner likely to cause an alteration of the environment; "waste disposal" means the action of releasing, depositing, discharging emitting all forms of waste not authorized by the Authority into the environment that has the potential to causing pollution and adversely affecting the quality of water resources; "waste disposal control plan" means the plan referred to in the 968 Kenya Subsidiary Legislation, 2021 Fourth Schedule of these Regulations whose purpose is to control the discharge of any pollutant into a water resource; "water resources monitoring network" means the set of equipment, infrastructure established for the purpose of monitoring the quantity and quality of the water resources; "water resource user association " means an association of water users, or other stakeholders who have formally and voluntarily associated for the purposes of cooperatively sharing, managing and conserving a common water resource and resolution of water use conflict; "Water Tribunal" means the Water Tribunal established by section 119 of the Act; "weir" means an obstruction placed across the watercourse or body of water for the primary purpose of abstracting or diverting water, or of arresting or retarding its flow, but not for storage; and "wetland" refers to an area where plants and animals have become adapted to temporary or permanent flooding by saline, brackish or fresh water. (2) Unless otherwise provided, the units shall be International System of Units. 3. (1) These Regulations shall apply to the regulation, management, use and development of water resources. (2) These Regulations shall apply to all water resources whether perennial or seasonal and including water resources of the territorial sea. PART II—PRESCRIPTION OF WATER USE ACTIVITIES 4. Without prejudice to the generality of section 2 of the Act, the activities set out in Part 1 of the First Schedule carried out on or in relation to a water resource shall be regarded as water use activities requiring a water use permit. 5. The activities listed in Part 2 of the First Schedule are water use activities in respect of which an application for variation of permit shall be required. 6. (1) Water use activities shall be categorised into four categories on the basis of the criteria stipulated in Part 3 of the First Schedule. (2) In the categorisation of water resources under sub regulation (1), the views of the Basin Water Resources Committee and the Association shall be taken into account, and, where there is no registered Association, the views of the local representative associations whose objectives are natural resource use or natural resource use conflict resolution shall be considered. (3) In determining the category into which a water use activity falls, account shall be taken of and effect given to the differences associated with the characteristics of the catchment or basin in which the water resources is located and the particular circumstances of each Application of Regulations. Schedule of activities. Requirement for a permit for water use activities. Categorization of water resource use applications. Kenya Subsidiary Legislation, 2021 969 water resource as stipulated by the Authority in water allocation guidelines. (4) A person aggrieved by the decision of the Authority on the category into which a water use falls may appeal to the Water Tribunal. PART III—APPLICATION FOR A PERMIT OR OTHER AUTHORITY FOR WATER USE 7. (1) A person who intends to undertake an activity involving the use of water from a water resource shall apply to the Authority for a permit before commencing the activity. (2) A person who fails to obtain a permit as provided under sub regulation (1) commits an offence. 8. Where the activity for which the water is intended to be used is temporary in nature, the application shall be for a permit for a period of one year or such longer period, not exceeding two years, as may be determined by Authority. 9. (1) An application for a water use permit shall be made by the owner of the land on which the water use is to take place and, where the applicant is not the landowner, the consent of the owner of the land shall be endorsed on the application. (2) An application for a permit under sub regulation (1) shall be accompanied with evidence of ownership of the land which shall be— (a) the registered document of title, where the land is registered; or (b) where the land is not registered, other documentary evidence satisfactory to the Authority that the applicant is the lawful landowner or has the authority of the lawful landowner to make the application. 10. (1) A permit holder seeking to use water on land other than the land on which the water use activity is to occur shall obtain an easement, wayleaves or other legal right of access. (2) An application for an easement or other right of access under sub regulation (1) shall be made in the Form WRA 002 set out in the Thirteenth Schedule and accompanied by the fee set out in the Second Schedule. (3) The easement or right of access referred to in this regulation may be in existence at the time of the application or to be granted upon the issue of the water use permit. (4) A person intending to enter upon land belonging to other persons for survey or investigative purposes of water resource management or development shall submit to the Authority an application in Form WRA 015 set out in the Thirteenth Schedule and accompanied by the fee set out in the Second Schedule. (5) The Authority shall be indemnified against all claims by landowners for damage or losses arising from works developed by a Application for a permit. Permit for temporary use. Water use to be appurtenant to land. Easements, wayleaves, etc. 970 Kenya Subsidiary Legislation, 2021 permit holder or a person authorised to construct works for the use of water. 11. (1) An applicant intending to use works owned by another person shall, at the time of the application and on every renewal thereafter, produce to the Authority satisfactory evidence of the consent or agreement of the owner of the works to the intention to use the works. (2) Where in the opinion of the Authority monitoring and control of the water use activity would be best achieved by the issuance of separate permits to applicants intending to share common works, the Authority may issue separate water permits or a supplementary permit in the Form WRA 021 set out in the Thirteenth Schedule. 12. (1) Where, in the opinion of the Authority, public interest would best be served by the use of existing works, the Authority may, after giving the owner of the works an opportunity to make representations, order the owner of the works to make available the works to any applicant so long as the water use of the owner of the works is not adversely affected. (2) The owner of the works whose works are, pursuant to an order of the Authority, to be used by another applicant for a water use activity, shall be entitled to prompt and fair compensation for use of the works. 13. (1) An application for a permit for a proposed water use activity falling within category A activity specified in the First Schedule shall be— (a) made prior to constructing or installing of the works; (b) made to the Authority in Form WRA 001 set out in the Thirteenth Schedule; (c) accompanied by the fee specified in the Second Schedule; (d) accompanied by evidence of consultations undertaken with respective Associations and, where there is no registered Association, the local representative associations whose objectives are natural resource use or natural resource use conflict resolution and their views. (2) Upon receipt of the application under sub regulation (1), the Authority shall verify the evidence provided including seeking confirmation of the officials of the consulted Association or local representative association and upon confirmation, the regional office shall process the application. (3) If satisfied that the proposed water use activity poses a low risk of impact on the water resource and taking account of the comments of the Association or the respective local representative associations, the Authority shall approve the application by endorsing approval on the application. (4) Upon endorsement by the Authority under sub regulation (3), the applicant may commence the water use activity described in the Consent of owner of works. Use of existing works in the public interest. Category A applications. Kenya Subsidiary Legislation, 2021 971 application subject to conditions applicable to Category A water users. (5) The Authority may at any time require any Category A water user to be re-classified after an assessment of the water resource or for other reasonable cause. (6) Where there is a material change in any aspect of the water use — (a) the water user shall notify the Authority within twenty-one days of the change; and (b) the Authority shall assess whether, in light of the change, a re-application or a variation of the conditions imposed on the water use is necessary. (7) Where a permit holder— (a) fails to notify the Authority of a material change to the water use; (b) uses water in breach of the conditions applicable to the water use; (c) withholds relevant information from the Authority or gives information which is misleading in any material particular, commits an offence and the Authority may, in addition to any other penalties, cause the cancellation of the Category A water use permit. 14. (1) An application for a permit for a proposed water use activity falling within Category B, C or D as specified in Part III of in the First Schedule shall— (a) be made to the Authority in the Form WRA 001 set out in the Thirteenth Schedule; (b) state the intended purpose of water use; (c) be accompanied by a site assessment report, a hydrological assessment report or hydrogeological survey report and an environmental impact assessment study report which is compliant with the requirements in the Third Schedule; and (d) be accompanied by the fee specified in the Second Schedule. (2) A separate application for water resource use as specified in the Second Schedule shall be required for each water use activity including for— (a) each abstraction point, whether from surface or groundwater; (b) each effluent discharge point unless covered under another application; (c) each point of storage unless covered under another application; and (d) separate water use activities other than those covered in paragraphs (a), (b) and (c). Category B, C and D applications. 972 Kenya Subsidiary Legislation, 2021 (3) The applicant shall pay the application fees for each complete application before the application is processed by the Authority. 15. (1) Every water use applicant shall submit to the Authority a map showing the water body, the location of the works, supply area, location of all authorizations or permits currently held by the applicant which are relevant to the application and any other relevant details as may be required by the Authority. (2) All significant points on the map shall be geo-referenced showing Universal Transverse Mercator (UTM) coordinates and zone with respect to the Arc 1960 datum. 16. (1) Without prejudice to the provisions of regulation 14, each application for a water use activity under Category C or D shall be accompanied by a technical report prepared in accordance with the Fourth Schedule: Provided that following a review of the application, the Authority may, require a category B applicant to submit a technical report. (2) A site assessment report or a technical report shall be prepared by a qualified and licensed water sector professional. (3) Where it is sufficiently demonstrated that an applicant is unable to use the services of a consultant in the preparation of a technical report as required under sub regulation (2), the Authority may, at the request of the applicant, undertake the report preparation. (4) A person seeking the services of the Authority in the preparation of the any technical report, shall— (a) make a written request to the Authority; and (b) pay prescribed fees for the Authority's services of preparing the report. (5) Where the Authority is satisfied that it is in the interest of the public and the applicant that the Authority undertakes the preparation of any technical report, the Authority shall prepare the report in accordance with these Regulations: Provided that any water sector professional officer of the Authority who prepares the report shall not be involved in the evaluation of the same report following its submission to the Authority in support of the application for a permit. (6) Where a water sector professional officer of the Authority undertakes duties of preparing a site assessment report or any other technical report, he or she shall be deemed to be a qualified water sector professional for the purpose of preparing the site assessment report or any other technical report. 17. (1) An water use applicant shall submit with each application evidence of consultations undertaken with the relevant Association and, where there is no registered Association operating in the area of the proposed water use, with the main local representative associations whose objectives are natural resource use or natural resource use conflict resolution and their views on the proposed water use. Maps to accompany applications. Technical report. Recommendations by Associations on applications. Kenya Subsidiary Legislation, 2021 973 (2) Upon receipt of an application for a water use activity under a category B, C and D, the regional office of the Authority shall provide a copy of the application to the Association and the Basin Water Resource Committee for comments and where there is no registered Association operating in the area of the proposed water use, to the key local representative associations whose objectives are natural resource use or natural resource use conflict resolution named by the applicant as having been consulted. (3) The Association or local representative associations shall submit their comments to the Authority in the Form WRA 003 set out in the Thirteenth Schedule and copied to the applicant within thirty days of receipt of the application by the Association or associations as the case may be and the Authority shall make its decision within fourteen days of receipt of the comments. (4) Where the Association or local representative association does not submit comments within the period specified under sub regulation (3), the Authority may proceed to determine the application after the expiry of thirty days. 18. (1) Applicants for Category C and D permits shall cause the permit application to be published in a national newspaper of wide circulation and in the Kenya Gazette. (2) At the end of each month, the Authority shall display all permit applications received, within the region, on the Authority's website, its regional and sub-regional offices and at the offices of the county commissioner, deputy county commissioner, assistant county commissioner, chief and assistant chief. (3) A public notification issued under this regulation shall specify— (a) the name of the applicant; (b) the water resource in respect to which the application has been made; (c) the quantity of water applied for; (d) the purpose of water use for which the application has been made; (e) the land registration number; (f) the location or other local administrative unit within which the water use is to be undertaken; and (g) any other details relevant to the public with respect to the permit application. 19. (1) Any person may object in writing to any permit application by stating grounds for the objection. (2) The objection shall be lodged with the Authority within thirty calendar days of the public notification issued under regulation 18. (3) The Authority shall consider all objections received within Public notification. Objection to permit application. 974 Kenya Subsidiary Legislation, 2021 the prescribed period for submitting objections before determining the application and in its decision state how it has addressed the objections. 20. The Authority shall administratively make guidelines and procedures for the application for permits for a temporary period. 21. (1) If, based on the objections or representations received in response to a category C and D applications or other considerations, the Authority considers it necessary to hold a open meeting with relevant stakeholders and the public, the Authority shall convene such meeting at or near the site of the proposed water use to hear views on objections, representations and other considerations before determining the application. (2) The Authority shall give not less than fourteen days written notice of the intention to hold an open meeting on a stated day, time and venue to all the persons whose written objections were received on time and post the notice on the Authority's website, at the site of the proposed meeting and at the Authority's regional and sub-regional office. (3) The meeting under sub regulation (1) shall be open to the public and, if appropriate, may be conducted using a virtual platform. 22. (1) Where the Authority rejects an application for a permit, it shall within thirty days of its decision, notify the applicant, and any objector to the application, of its decision in writing. (2) Where the applicant is aggrieved by the decision of the Authority under sub regulation (1), the applicant may within fourteen days of receiving the Authority's decision appeal against the decision of the Authority to the Water Tribunal. 23. (1) Where the Authority approves an application for a water use permit, it shall issue an Authorisation to Construct Works in Form WRA 004 set out in the Thirteenth Schedule. (2) The Authorization issued under this regulation shall specify the period of time for completion of the works which may only be extended with the written permission of the Authority for good cause. (3) Failure to complete works within the stipulated time or to comply with the stipulated conditions may result in the cancellation of the Authorization. 24. An Authorization to Construct Works does not authorise an applicant to commence abstraction or the proposed use of the water before the conditions governing the authorisation are certified as having been met. 25. (1) Where the works are not completed within the time specified by the Authorization— (a) a Progress Report shall be submitted to the Authority in lieu of a Completion Certificate; and (b) the applicant may apply for an extension of time in Form Guidelines and procedures for permits of temporary nature. Open meeting. Rejection of application. Authorisation to construct works. Limitation on autorization. Extension of Authorization Kenya Subsidiary Legislation, 2021 975 WRA 005 set out in the Thirteenth Schedule accompanied by the Progress Report and an Explanatory Report for the failure to complete the Works within the time stipulated. (2) The Authority shall consider the Progress report and explanatory statement and may grant an extension for six months or such longer period as appears necessary to complete the works through Form WRA 006 set out in the Thirteenth Schedule: Provided that an extension shall not be granted for a period longer than the period initially stipulated for constructing the works. (3) If, despite the extension under this regulation, the construction of the Works is still not complete within the extended time, the Authorisation shall lapse and the Applicant shall, within a time stipulated by the Authority, submit to the Authority a plan for restoration of the site to, as near as is practicable, its original condition. 26. (1) The Authority shall maintain a Register of authorisations and a Register of permits in the form shown in the Thirteenth Schedule for each particular resource. (2) Any person may obtain a copy of the Register of authorisations or Register of permits on payment of the fee specified in the Second Schedule. 27. (1) Upon completion of the works, the applicant shall submit a completion certificate to the Authority in Form WRA 007 set out in the Thirteenth Schedule. (2) Upon receipt of the completion certificate, and on payment by the applicant of inspection fees specified in the Second Schedule, the Authority shall inspect the works to ascertain that all the conditions stated on the Authorisation have been complied with to its satisfaction. (3) An inspector or a person authorised by the Authority shall inspect the works to ensure compliance to the Act and these Regulations using Form WRA 008 set out in the Thirteenth Schedule. (4) Where the inspector is not satisfied with the completion status of the works, then he or she shall issue an Order within fourteen days detailing steps that shall be taken to bring the works to a satisfactory condition. (5) Where the inspector is satisfied that the works are complete, and that the conditions have been complied with, the Authority shall, following receipt of a water use permit application, issue a permit on the Form WRA 011 in the Thirteenth Schedule within thirty one days of receipt of a complete application. 28. Within thirty days of the date of the completion of the works, the applicant shall apply to the Authority for a water use permit in relation to surface water and ground water. 29. A water use permit granted under regulation 28 shall be issued for a period of five years but may be renewed or extended for a similar or shorter period following an application by the permit holder. 30. A water use permit shall bear a unique water resource user identification number or security code which shall whenever Register of authorizations and permits. Completion certificates. Application for water use permit for surface and groundwater. Water use permit validity. Water resource user identification number. 976 Kenya Subsidiary Legislation, 2021 practicable identify the basin or sub-basin area in which the water use occurs. 31. (1) The permit holder shall pay the applicable fees as Permit fees. prescribed in the Second Schedule. (2) Failure to pay the prescribed permit fees may be a basis for revocation of the permit, disconnection of intakes, variation of the permit conditions, recovery proceedings through a civil suit or other enforcement action deemed appropriate by the Authority. (3) Where the permit holder, without due cause, delays in the payment of the water use fees to the Authority, interest at two per cent per month shall accrue on a daily basis until the water use fees are fully paid. 32. (1) The Authority shall state on the permit, conditions to Conditions of which the permit is subject to after considering the characteristics of the Permit. water resource or body of water, the water use proposed, the technical report, the representations received and any other relevant considerations. (2) A permit issued by the Authority shall be subject to such terms, restrictions and limitations as the Authority may deem proper to impose and to any, or all of the following minimum conditions — (a) a permit shall not limit in any way the exercise of existing lawful water use rights of any other person nor imply any guarantee that the quantity of water referred to is or will become available; (b) the water used under a permit if it is to be returned to any water resource shall not be polluted with any matter to such an extent as to be capable of causing injury or damage whether directly or indirectly to any person, public health or to livestock, animals fish, or crops or to any undertaking in respect of which such water is used; (c) the permit holder shall take all reasonable precautions to the satisfaction of the Authority to prevent accumulation in any watercourse of silt, sand, gravel, stones, sawdust, refuse, sewerage, waste or any other substance which may be injurious to the water resource; (d) in every permit issued by the Authority for mining, industrial purposes or hydropower the following conditions are implied— (i) the water used shall be returned, if reasonably practicable, to the water resource from which it was taken or to such other water resource as the Authority may direct; and (ii) the water used shall, in so far as the use to which it is to be put allows, be returned substantially undiminished in quantity or quality to the water resource from which it was taken. Kenya Subsidiary Legislation, 2021 977 (3) The permit holder is responsible for fulfilling and meeting the cost of fulfilling all the conditions attached to the ermit. (4) Failure to comply with the conditions attached to the permit may be used by the Authority as a basis for suspension or cancellation of the permit. (5) A permit holder shall maintain a record of all water abstracted, diverted, stored or discharged, giving the date, time, quality and quantity and methods of such abstraction, diversion, storage or discharge and the purpose or purposes for which such water was used and such record shall be furnished to the Authority annually or at such more frequent periods as the Authority may specify. 33. A permit holder may apply to the Authority for the transfer of the permit to another person in the Form WRA 014 set out in the Thirteenth Schedule. 34. (1) A permit holder may apply to the Authority for variation of the permit in Form W RA 013 set out in the Thirteenth Schedule and accompanied by the assessment fees set out in the Second Schedule. (2) Where the variation does not result in a change in the category of water user or materially change the permitted water use, the Authority may, after taking into account any representations received, grant the application. (3) Before granting a variation application, the Authority shall give public notice of the application by posting for a period of thirty days on its web-site and at the regional and relevant sub-regional office particulars of the application and a brief summary of the nature and effect of the proposed variation and inviting persons with comments on the application to provide such comments within the thirty days. (4) Where the variation results in a change in the category of water use, the permit holder shall be required to apply for a new permit. (5) The permit as varied shall be made available in the register of permits maintained by the Authority. (6) A person who contravenes this regulation commits an offence and is liable, on conviction, to the penalties prescribed by these Regulations. 35. (1) The Authority may, on its own motion, vary or cancel a water permit after giving the permit holder thirty days' notice to show cause why the permit should not be varied or cancelled and considering any representations made by the permit holder following receipt of the notice. (2) The Authority may undertake the following measures for enforcement (a) suspension; (b) cancellation; or Transfer of permit by permit holder. Variation of permit by permit holder. Variation or cancellation of permit by the Authority. 978 Kenya Subsidiary Legislation, 2021 (c) variation of a permit; or (d) confiscation of any equipment or plant, or removal of works (3) Any cost incurred by the Authority in effecting a measure under this regulation shall be a cost recoverable from the permit holder. (4) The Authority shall post on its website and at the regional and sub-regional office, particulars of any permit variations or cancellations within thirty days of the variation or cancellation. 36. (I) Three months before the expiry of a permit, a permit holder shall apply for its renewal by (a) making an application in Form WRA 012 in the Thirteenth Schedule; and (b) paying the fees for renewal, any water use charge arrears and works inspection fees as prescribed in the Second Schedule. (2) A late submission of the application for the renewal of a permit will attract a penalty of twenty-five thousand shillings for each month of delay. (3) The Authority shall inspect the works before processing the application for renewal. (4) The Authority may require submission of the technical reports under regulation 16 indicating the condition of the water resources at the time of the application for renewal before processing an application for renewal or impose new conditions or alter existing permit conditions as necessary in response to causes as stipulated in section 46 (1) of the Act. (5) If the permit holder does not apply for the renewal of the permit on expiry of the permit, the permit will automatically lapse and the Authority shall initiate the cancellation process in accordance with section 49 of the Act. 37. (1) The Authority shall maintain a Register of approved water users, water uses and permits as required by section 54 of the Act and post an electronic copy of the Register on its website. (2) A person may obtain a copy of the Register of approved water users, water uses and permits certified by the Authority on payment of the applicable fees set out in the Second Schedule. 38. The issue by the Authority of an authorisation or permit shall not be a defence to any civil action or to a criminal prosecution. 39. (1) The Authority shall cause to be displayed on the notice board, at its offices and at the offices of the chief, a list of notifications on authorisations, permits and cancellations. (2) The list shall include a summary of the information pertaining to the water use activity. (3) Any person wishing to obtain full details of a particular permit shall apply using form WRA 020 as set out in the Thirteenth Schedule and pay the required fee as specified in the Second Schedule. Renewal of permits. Register of approved water users, water uses and permits Permit of authorisation not a defence. Public notification of authorisations and permits. Kenya Subsidiary Legislation, 2021 979 40. The right of a permit holder shall, notwithstanding anything contained in his or her authorisation or permit, be subject to and conditional to his or her compliance with the provisions of the Act and any other applicable laws. PART IV—SURFACE WATER 41. (1) For purposes of the exercise of its water allocation functions under the Act, the Authority shall from time to time and in consultation with the Cabinet Secretary, formulate surface water allocation plans and guidelines which shall comply with the standards in the Sixth Schedule. (2) Without prejudice to sub regulation (1), for purposes of the allocation of surface water resources— (a) "flood flow" means any flow that exceeds the Q80 flow value; (b) "normal flow" means any flow that is less than the Q80 flow value; (c) "Q80 flow value" means the flow value that is equalled or exceeded eighty percent of the time; and (d) the Q80 flow value shall be derived from a naturalised flow duration curve, preferably derived from daily flows. 42. (1) The Authority may, after public consultation, declare a natural watercourse not to be a watercourse or a constructed channel to be a watercourse for the purposes of water resources management and regulation. (2) Where a body of water has changed into a new course, the Authority shall recognise the new course to be a watercourse and shall require the original course to be retained as a flood channel. 43. If, owing to any natural events or authorised or unauthorised works being constructed on a water body, a body of water which constitutes the boundary of two or more properties ceases to flow between or to separate such properties or has changed into a new course, the boundaries of such properties shall, unless readjusted by mutual agreement between the parties concerned, remain as before. 44. (1) Any portion of land in excess of one hectare which is Wetlands. naturally subject to seasonal or permanent flooding and has the ecological characteristics of a swamp or marsh shall be considered to be a wetland under these Regulations. (2) The Authority may by notice in the Gazette and for good cause, declare any portion of land which is less than one hectare as a wetland for purposes of water resources management and regulation. (3) The land owner or legally authorised representative of the landowner of the land on which a wetland is situated shall apply to the Authority for approval for any proposed or ongoing activities including drainage, discharge into the wetland or construction that would affect the wetland. Compliance with other laws. Surface water allocation plan and guidelines Declaring of a water course. Boundary of properties defined by a watercourse. 980 Kenya Subsidiary Legislation, 2021 (4) Whenever any proposal for the drainage and reclamation of a swamp involves the subsequent use by the applicant of all or any of the water conserved by the drainage or reclamation of such swamp, the applicant shall submit an application for a permit for the diversion, abstraction, storage or use of such water with a Hydrological Assessment Report, Hydrogeological Survey Report and Environment Impact Assessment Report and licence. (5) No works involving the drainage of a swamp shall deprive any lawful water user of reasonable access to water except by agreement or on payment of compensation, or on supplying water from other sources or by other means, and the applicant concerned shall submit to the Authority all plans and documents showing the proposals to provide such water user with access to water, and any agreements to this effect, and he shall, if the proposals include any works for supplying such water user with water, submit an application for a permit. 45. (1) The Authority may in accordance with this regulation, authorise the reclamation of land for infrastructure development over and upon the sea-bed, lake or river irrespective of the ownership of land bordering on any land borders of such sea-bed, lake or river. (2) Notification of the proposed land reclamation shall be published (a) in the Gazette by the Cabinet Secretary; (b) on the Authority's website; and (c) in two national newspapers of wide circulation in Kenya. (3) A notification under sub regulation (2) shall — (a) describe the proposed land reclamation and give the approximate area to be occupied in connection therewith; and (b) call upon all persons having objections to the reclamation or any claims of private right in respect thereof to submit to the Authority before the expiration of such period being not less than thirty days or as may be specified in such notification, such objections or claims in writing specifying the nature thereof and giving an estimate of any loss which it is alleged would be incurred by reason of the extinguishment of any private right. (4) Whenever claims or objections are submitted pursuant to sub regulation (3) (b) and the Authority considers it expedient so to do, it may establish a Panel to hold a public inquiry on such matters as set out in the terms of reference. (5) Such Panel shall keep or cause to be kept a record of any evidence taken at the public inquiry and shall transmit the same together with a report of its findings to the Authority. (6) The Authority may, after considering the proposed land reclamation together with all objections and claims submitted and, Land reclamation. Kenya Subsidiary Legislation, 2021 98,1 where a public inquiry has been held, the evidence taken by, and the report of the Panel holding the inquiry, authorise such land reclamation with or without modifications or refuse to authorise the land reclamation. (7) A notification of an authorisation together with a description of the proposed reclamation shall be published in the Gazette. (8) Upon the publication of the authorisation of a proposed reclamation, all public and private rights of navigation or fishing and rights ancillary thereto, all public and private rights of access or user, and all other public or private rights in, upon or over the sea-bed, lake or river occupied by the proposed reclamation or by the infrastructure development shall be extinguished and cease to exist. 46. (1) Any person intending to or currently undertaking a water use activity in relation to a water resource on reclaimed land shall apply to the Authority for a water use permit. (2) Where the proposed water use is in relation to a lake or river, the application shall be accompanied by a letter of no objection of the Basin Water Resources Committee, the water resource users associations or local representative associations. (3) A permit holder is responsible for complying with these Regulations in relation to any activities on reclaimed land. 47. (1) In allocating water for irrigation, the Authority shall — (a) give priority to irrigation for subsistence purposes; (b) be guided by crop water requirements in the area and the efficiency of water use; (c) limit the permit holder to abstract, impound or divert only flood flow for purposes of irrigation; and (d) require the applicant, to the extent practicable, to make provision for not less ninety days' storage of flood flow for use during the dry season unless the abstraction of water is to be from a regulated watercourse or river. (2) In considering aggregate water demand for subsistence irrigation, the Authority may declare by public notification for each catchment area or part thereof an upper limit for the allocation of water either in aggregate or for any one permit where the allocation is shared among more than one household. 48. (1) Every permit to develop an amount of power less than the full hydro power potential of the site may be subject to special conditions if the Authority considers that the full power development of the site at a later date may be required. (2) If an existing permit holder is unable, or unwilling, to enlarge the works to develop the full hydropower potential of the site, and it is considered by the Authority, following consultation with the regulatory agency responsible for matters relating to electricity generation, to be in the public interest to do so, the Authority may cancel the authorization or permit and authorize the works to be carried out by another person Requirement to obtain permit after land reclamation. Allocation of water for irrigation. Hydro Power. 982 Kenya Subsidiary Legislation, 2021 provided that the incoming operator shall pay compensation to the person whose permit has been cancelled. (3) For the purpose of ascertaining the hydropower potential under any authorization or permit, the Authority shall have access to reports, plans and records of the permit holder and may request for any other information or data it may require. (4) A permit•issued for hydropowerjirpose, shall at all times be subject to any law affecting the construction and operation of works for the supply of power. 49. (1) Where, in the opinion of the Authority, after consultation with the government department responsible for fisheries it is necessary for the free movement of fish upstream or downstream of any dam or weir on any body of water, the Authority may require a person applying for a permit or a permit holder to provide at his or her cost in such dam or weir a fish pass, fish ladder or other structure, approved by the Authority, to enable fish to move freely up or down such a body of water: (2) Notwithstanding anything contained in these Regulations, the Authority may, on the application of any person, authorize the construction or erection in a body of water of— (a) works of a temporary nature which are designed solely for the purpose of improving the conditions of fish life or the facilities for fishing, in such body of water provided such works will not have the effect of raising the normal level of the body of water more than one metre (b) fish ladders or other means of ingress and egress for fish provided such works do not cause any obstruction in the flow of such body of water. (3) An application under this regulation shall be on Form WRA 001 as set out in the Thirteenth Schedule and shall be submitted to the Authority together with the comments of the department responsible for fisheries. 50. (1) The Authority shall put in place and maintain measures, arrangements and systems for data gathering, analysis and management including data collection centres, rain gauging stations, laboratories and similar systems. (2) On the basis of information gathered by or submitted to it, the Authority shall maintain a surface water database from which data shall be accessible during normal office hours by any person on the payment of the prescribed fees listed in the Second Schedule PART V— GROUNDWATER 51. (1) A person intending to abstract ground water shall apply for approval of the activity by Authority in Form WRA 001 set out in the Thirteenth Schedule:: (2) Upon receipt of an application under sub regulation (1), the Works associated with fish movement for protection and control of fish. Water resources data. Authorisation of groundwater development. Kenya Subsidiary Legislation, 2021 983 Authority shall determine the category of the activity in the manner specified in regulation 6. (3) Where the Authority determines that the application made under this regulation is for an activity that falls under a Category A water use activity and the method of abstraction does not include motorised pumping, the Authority shall determine the application in accordance with the procedure specified for determining Category A applications. (4) Where any borehole or well is to be equipped with a motorised pump, the application shall be accompanied by a Hydrogeological Survey Report prepared in the form set out in the Fourth Schedule. (5) Where the Authority determines that the application under this regulation is for an activity that falls under Categories B, C, or D water use activity, the application shall be determined in accordance with the procedure specified for approval of Categories B, C and D applications. (6) Before any well or borehole is replaced, deepened or widened, the owner of the well or borehole, or his duly authorised representative, shall file with the Authority an application for authorisation to carry out such replacement, deepening or widening of an existing well or borehole, for any water use category. (7) Where, in the course of drilling, the owner of a well or borehole encounters down hole problems, the owner shall drill a replacement borehole on a site not more than fifteen metres from the previously approved site. (8) Before any well or borehole encountering down hole problems is moved to a new site in accordance with sub regulation (7), the owner of the borehole or well, or his or her duly authorised representative, shall seek the approval of the Authority to move to the new site. (9) For purposes of sub regulation (7), "down hole problems" means the collapse, loss of tools, or other associated drilling problems excluding a dry borehole, (10) A person who contravenes this regulation commits an offence and is liable on conviction to the penalty prescribed in these Regulations. 52. (1) Where any borehole or well is being constructed within five hundred metres of an existing borehole or well, the Authority may by notice require the person constructing the borehole or well to undertake tests, specified in the notice, on the existing well and to supply to the Authority the particulars of the results of such tests including the rate of pumping and rest levels of water. (2) Without prejudice to sub regulation (1), the Authority shall determine in the allocation plan for a given aquifer or part thereof, the spacing of boreholes or well to be equipped with motorized pump and in doing so shall be guided by— Regulation of groundwater development. 984 Kenya Subsidiary Legislation, 2021 (a) existing borehole or well spacing; (b) individual aquifer characteristics, including '',va er quality; (c) existing aquifer use; (d) existing bodies of surface water; and (e) any other relevant considerations. (3) The allocation plan shall be available and accessible to the public, during normal working hours, on the Authority's website and from any of the Authority offices. 53. (1) A borehole and well that is to equipped with a Borehole and well motorised pump shall be subjected to test pumping, test pumping. (2) Test pumping shall comprise a continuous and constant rate pumping test of not less than twenty-four hours duration and recovery duration of not less than twenty hours, or as otherwiso stipulated by the Authority. 54. A borehole and well that is to be equipped with a motorised Supervision of pump shall be constructed under the supervision of a qualified and works. licensed water sector professional. 55. (1) On the completion of construction of the borehole or well Borehole or well specified in regulation 53, the applicant shall, within i,,,,,enty-eiht days completion record. of completion of works, submit to the Authority, a noreholf, or well completion record in WRA Form 009 for a borehole or 010 for a well respectively set out in the Thirteenth Schedule, together with the completion certificate. (2) A person who contravenes sub regulation (1) commits an offence and is liable on conviction to the prescriblfd penalties. 56. (1) Approval to abstract groundwater under Category A for a Issue of permit or well, shall be issued by the Authority following the procedure approval. stipulated in regulation 7. (2) Where the Authority determines that verification on site is necessary, the Authority shall undertake the verification within twenty eight days upon payment by the applicant of the prescribed site verification fees. (3) An approval to abstract groundwater trom a borehole, in Category A, shall not be issued until the Authority has analysed the data provided in the Borehole Completion Record Form WRA 009. (4) A permit to abstract groundwater from boreholes, or wells intended to be equipped with motorised pumps in Categories B, C, or D as defined in the First Schedule shall not be issued until after the Authority has analysed the data provided in the Borehole or Well Completion Record Form WRA 009 or 010, respectively. 57. (1) Every borehole owner shall ensure that a wellhead protection area within a radius of ten meters is reserved where any activity including land use activities, are likely to negatively impact groundwater resources. (2) Where in its assessment the Authority determines that a Groundwater conservation. Kenya Subsidiary Legislation, 2021 985 proposed borehole is within a radius of ten meters of any activity likely to negatively impact the quality of groundwater resources, it shall not issue an authorization or permit for the drilling of the borehole or well. (3) Within twelve months of the coming into effect of these Regulations, all borehole water abstractors shall ensure that — (a) boreholes are fitted with dipper tubes; (b) water is not abstracted without passing through a meter; and (c) the water meter is periodically inspected to ensure that it is not defective. 58. (1) No person shall undertake construction works for the purposes of conducting the artificial groundwater recharge of an aquifer, whether or not in a groundwater conservation area, unless such a person has been duly authorised by the Authority. (2) An application for authorization under sub regulation (1) shall be accompanied by a technical report and a Hydrogeological Assessment Report prepared in the form set out in the Fourth Schedule— (a) defining the aquifer parameters and the water quality evolution after recharge; (b) specifying the impacts on the recharged water, (c) specifying the contents of the injection and the proposed geotechnical mechanisms with analysis on its positive and negative impacts on groundwater resources. (3) Any person applying for the necessary authorisation under sub regulation (1), shall give such particulars relative to his or her application as the Authority may require and such authorisation may, after consideration of the application be granted upon such conditions as the Authority may deem necessary or refuse the application. (4) A person who contravenes this regulation commits an offence and is liable on conviction to the prescribed penalties under the Act. 59. The Authority may, from time to time and in carrying out its responsibilities in respect to groundwater resources protection and regulation, require any person or entity, permit holder or operator, to provide the Authority with abstraction, water levels, water quality or any other specified information within a reasonable time or on a regular basis as it may specify including the requirement to observe protection measures as shall be prescribed by the Authority. 60. (1) The Authority shall from time to time formulate groundwater allocation guidelines on the basis of which it will exercise its groundwater allocation functions under this Part. (2) The groundwater allocation guidelines shall be accessible on the Authority's website and during normal office hours to any person. (3) The Authority may, on the payment of the prescribed fees listed in the Second Schedule, provide an extract of data from its records to any person. Artificial ground water recharge Groundwater data. Groundwater allocation Guidelines. 986 Kenya Subsidiary Legislation, 2021 PART VI WATER QUALITY MONITORING AND WASTE DISPOSAL 61. (1) No person shall discharge or apply any poisonous, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permit any person to dump or discharge such matter into a water resource unless the discharge of such poisonous, toxic, noxious or obstructing matter, radioactive waste or pollutant is authorised by the Authority and treated to permissible standards. (2) A person intending to discharge waste, effluent or other pollutant into a water resource shall apply to the Authority for waste disposal permit. (3) The category of effluent discharge disposal permit shall be determined on the basis of the effluent discharge load, the concentration of pollutants, the capacity of the receiving water body and the applicable resource quality objectives. (4) A person who discharges waste, effluents or other pollutants into a water resource at the commencement of these Regulations without a waste disposal permit issued by the Authority shall apply for a waste disposal permit within six months of the commencement of these Regulations. (5) The right of a permit holder to discharge waste shall be exercised in accordance with the conditions in the effluent discharge permit and shall be limited to the quantity and quality of pollutants stipulated in the permit. (6) An effluent discharge permit shall be issued in the Form WRA 001G set out in the Thirteenth Schedule and shall be subject the payment of the water user charges specified in the Second Schedule. (7) Any person who contravenes this regulation commits an offence and is liable on conviction to the penalties prescribed in the Act. 62. (1) A person in charge of an undertaking or establishment shall formulate and put in place and implement a waste disposal control plan approved by the Authority to prevent and or control the discharge into a water resource of waste, effluent or other pollutants from run-off or point and non-point sources in, on or adjoining the establishment or undertaking. (2) A waste disposal control plan shall be prepared by a licensed and registered water sector professional and be substantially in the form stipulated in the Fourth Schedule. (3) Any person who contravenes this regulation commits an offence and is liable on conviction to the penalties prescribed in the Act. Control of water pollution. Waste disposal control plan. 63. In determining the water quality standards for a waste Water quality disposal permit, the Authority shall be guided by the following requirements. Kenya Subsidiary Legislation, 2021 987 criteria— (a) the capacity of the receiving water resource to assimilate the effluent without violating the water resource quality objectives for that water resource; (b) the toxicity and persistence of the pollutant; and (c) any other criteria as determined from time to time by the Authority. 64. (1) A person who disposes liquid waste shall maintain Liquid Waste monthly records of the liquid waste discharged in terms of quantity and Disposal Records. quality in accordance with the Waste Disposal Control Plan approved by the Authority. (2) The waste disposal records shall be submitted to the Authority and verified by the Authority on a quarterly basis. (3) The waste disposal records shall be maintained and shall be available for inspection by the Authority. (4) Any person who falsifies information about the waste disposed into a water resource, in the records submitted to the Authority commits an offence and is liable, on conviction, to the penalties specified in the Act. (5) The falsification of information in the waste disposed into a water resource may be used by the Authority as a basis for the cancellation of the waste disposal permit. 65. (1) The Authority shall consider an application for a waste Consideration of for consideration of Category A applications. category waste disposal permit falling into Category A using the specified procedure disposal applications. (2) The Authority shall process Category B, C and D applications for waste disposal permits using the procedures provided for consideration of applications for category B, C and D. (3) Where the Authority is satisfied that the waste discharge to a water resource meets the limits stipulated by the Authority, the Authority may issue an authorisation and append the necessary conditions including volume and waste discharge requirements. 66. (1) Upon inspection and approval of the authorised waste Issuance of waste disposal permits. discharge works, the Authority shall issue a waste disposal permit and shall append the necessary conditions including limits to and monitoring frequency for volume and quality of effluent discharge. (2) A water service provider shall provide effluent quality and quantity data to the Authority on a quarterly basis for the facilities supplied with water including those connected and discharging into a sewer line. 67. (1) No person shall wilfully and deliberately allow any Spillage. substance to spill out into any water resource or onto land where such spillage may contaminate a body of surface or groundwater. (2) In the event of accidental spillage where such spillage may 988 Kenya Subsidiary Legislation, 2021 contaminate a body of surface or groundwater, the person in charge of the spilt substance shall immediately, and in any case within twenty four hours, inform the Authority of the accident, urgently take measures to prevent spread of the spillage and take remedial measures as may be required by the Authority to mitigate against likely adverse effects to water resources. (3) The Authority shall upon receiving information of a spillage, take measures to notify the public of the spillage and cause appropriate action to be taken to address likely adverse effects of the spillage on water resources. (4) The costs incurred by the Authority in regard to notifying the public and addressing the spillage shall be recovered from the person in charge of the spilt substance as a debt. (5) Any owner of a spilt substance who fails to inform the Authority immediately after spillage or fails to take immediate action to prevent spread of the spillage and its likely adverse effects to water resources commits an offence and is liable on conviction to the penalty specified under these Regulations or the Act. (6) The Authority shall undertake periodic assessment of pollution impacts to various water resources and as necessary issue precautionary public notices in line with the precautionary principles. (7) The Authority may require, in a format prescribed by the Authority, information and reports of the annual state of any infrastructure that may cause spillage or compromise a water resource. 68. (1) The Authority may inspect any premises and sample any sources of water pollution for water quality monitoring without the need to give prior notice of the inspection. (2) A person, who obstructs, constrains or prevents an inspector who has identified himself or herself from undertaking a pollution control inspection commits an offence and is liable, on conviction to the prescribed penalties under these Regulations. 69. (1) The Authority shall maintain a water quality database that will include effluent discharge data. (2) The Authority's shall maintain data on it's website and at the Authority's offices during normal office hours and any person may obtain a copy of such data from the Authority on the payment of the fees specified in the Second Schedule. 70. (1) In the event that an inspector intends to take a water quality sample for purposes of prosecution, the procedure stipulated in the Eleventh Schedule shall apply. (2) The Authority may, notwithstanding the procedures prescribed in the Eleventh Schedule, install automatic water quality monitoring and sampling equipment for any purpose. 71. The Authority may, with good cause, order any person or entity being the landholder or occupier or having charge over a piece of Water quality monitoring, Water quality, liquid waste disposal and effluent discharge data. Water quality sample procedure. Pollution control enforcement. Kenya Subsidiary Legislation, 2021 989 land to put in place adequate measures for the safe disposal of, solid or other wastes including agricultural chemicals present on the land which may present a risk to the water resource quality. PART VII— WORKS 72. The Authority may undertake an inspection or series of inspections of the site associated with a proposed, ongoing, existing or abandoned water works. 73. (1) Where it is necessary for purposes of a construction activity to divert, abstract, impound, obstruct, store or use water temporarily, an application shall be made to the Authority for a permit for temporary waterworks. (2) A permit for temporary waterworks shall authorise the diversion, abstraction, impoundment, obstruction, storage or use of water temporarily to such extent only as may be necessary for such construction, and at such times and in such manner as to interfere as little as possible with the works of other operators and cause as little damage as possible to property. (3) The holder of a temporary waterworks permit shall be liable for any interference or damage resulting from the temporary works. (4) All temporary works shall be removed by the temporary works permit holder within a period of three months, or such other period as the Authority may specify, from the date of completion of the works which made it necessary to acquire the temporary waterworks permit or from the date of expiry of the authorization, whichever is earlier: Provided that any quarries, burrow-pits, excavations, cuttings, tunnels or other temporary works which cannot be economically rehabilitated or removed shall instead be rendered safe in the interest of the health and safety of person and property by fencing or such other measure as the Authority may consider necessary. (5) In the event that any temporary works are not removed, rehabilitated or rendered safe within the prescribed period, the Authority shall issue an order for the removal, rehabilitation or rendering safe of the works. (6) A person who fails to comply with an order issued by the Authority under this regulation commits an offence and is liable on conviction to the penalties prescribed in these Regulations or the Act. 74. (I) Despite, the abandonment or cancellation of an authorization or permit or any part thereof, the owner or permit holder, is liable for any damage resulting from any works constructed, operated or maintained by the permit holder, or forF any defect or insufficiency in the works. (2) The Authority may, within six months of the cancellation or expiry of an authorization or permit, serve upon the permit holder or former permit holder whose authorization or permit has been cancelled or expired, an order for the disposal of all or any portion of the works previously used under the authorization or permit. Inspection of works prior to, during and post construction. Temporary works Abandoned Works. 990 Kenya Subsidiary Legislation, 2021 (3) A person who fails to comply with the order on abandoned works commits an offence. PART VIII—CONDITIONS OF AUTHORISATION, PERMITS AND APPROVED WATER USES 75. The Authority shall require an applicant as a condition to the Compliance with the grant of a water resource use permit to— Environmental Management and (a) provide evidence of compliance with the provisions of the Coordination Act. Environmental Management and Coordination Act regarding integrated environmental assessments, and any other No. 8 of 1999 provisions as the Authority may deem necessary; and (b) if not already a member, join and maintain membership of a water resource users association. 76. (1) The Authority may place on any authorisation or permit, a schedule of inspection by an inspector which may be at specified intervals or at the completion of specified milestones during the construction of any works. (2) Any person who undertakes any activity that damages or hinders the proper functioning of the water resource monitoring network shall be given the opportunity of meeting the cost of repair, within a period of time determined by the Authority. (3) Any person under sub regulation (2) who fails to make good the damage or cover the costs of repair, commits an offence and is liable on conviction to the penalties prescribed under these Regulations and the Act. 77. (1) Within two years of the coming into effect of these Regulations, every Category B, C or D water user, whether for water abstraction or effluent discharge, shall install an automated measuring meter or smart meter for the accurate measurement of water abstracted, obstructed or diverted and the effluent discharged. (2) A Category B, C or D water user shall inspect, or cause to be inspected, at such intervals as may be necessary, any automated measuring meter or "smart" meter prescribed in the permit in order to ensure that the quantity of water abstracted, diverted or stored, or effluent discharged is accurately measured. (3) A permit holder shall ensure that every adjustable device or controlling device, including any sluice gate, valve or other works, where such device or work is used to control the quantity of water diverted, abstracted or stored, or effluent discharged, has a means of locking it sufficiently to prevent any unauthorized person from interfering with such adjustable device or controlling device. (4) The keys of such locking device or works shall be immediately availed to an officer of the Authority when required provided that the locking device may be designed in such way that two people shall be required to operate it during opening and locking. (5) Any measuring device used for the purpose of measuring abstraction or effluent discharge shall be calibrated and such calibration results shall be made available to the Authority upon request. Controlling and measuring devices. Inspection. Kenya Subsidiary Legislation, 2021 991 (6) The calibration of the flow measuring device may be verified by the Authority or an agent of the Authority. (7) In case of doubt over the accuracy of a flow measuring device the Authority may require the accuracy of the device to be verified and where required, the device shall be recalibrated at the cost of the permit holder. (8) A measuring device shall be automated and be in the form of a calibrated meter for piped or pumped systems and a calibrated weir or flume for open channel abstraction or discharge systems, or other appropriate device approved by the Authority. (9) The controlling device shall be located at the point where the water is abstracted or diverted or the liquid waste discharged or at a point approved by the Authority while a measuring device shall be located at a point approved by the Authority. (10) Where a water user fails or neglects to comply with any order given under this regulation, the Authority may take such steps as it may consider necessary to execute the order, and any expenses incurred in taking such steps shall be recoverable as a civil debt from the water user or person upon whom such order is made. (11) The automated meters and measuring devices installed under these Regulations shall be sealed by the Authority with an approved seal bearing the Authority's distinguishing brand or mark impressed thereon. (12) Where any seal affixed is broken without the approval of the Authority, the water user upon whose premises the seal was placed commits an offence and is liable on conviction to the penalties prescribed under the Act: Provided that, where it can be proved that the offence was committed by some person other than the water user, that person shall be punishable as if he were the water user upon whose premises the breach occurred. 78. (1) Notwithstanding the quantity of water granted by the permit, a permit holder shall not abstract or divert more water from a body or bodies of water than can, for the time being, be beneficially used by him or her in accordance with the terms of his or her permit. (2) Having due regard to the priority of the purpose for which the water is granted, a permit holder shall, on being so directed by the Authority— (a) abstract, impound, or divert the quantity of water which may be necessary for his or her purpose at such times and in accordance with a schedule of abstraction that encompasses all other permit holders using the same body of water, or other body of water, as may, in the opinion of the Authority, secure the most equitable use of water; and (b) discharge the quantity of water in accordance with a schedule of releases that encompasses all other permit holders using the same body of water, or other body of Limitation of flow or quantity. 992 Kenya Subsidiary Legislation, 2021 water, as may, in the opinion of the Authority, secure the most equitable use of water. 79. (1) Each Category B, C or D permit holder is required to maintain a record of the daily abstraction or effluent discharge, in cubic metres per day, made by him or her. (2) The record shall state the permit number, date and volume of abstraction or discharge. (3) The records for abstraction or discharge for the preceding twenty-four months shall be available for inspection by the Authority. (4) The Authority may require an applicant for water use, or applicant for permit renewal to take water quality samples and cause the samples to be analysed at the permit holder's cost in a water quality laboratory approved by the Authority. (5) Where the water analysis results show that the water is not fit for human consumption, the water use permit shall be conditional on the requirement that appropriate treatment is undertaken and evidence provided to the Authority before the water may be used for human consumption. 80. (1) Every permit holder, shall install an airline in his or her Airline. boreholes, such that the measurement of water levels is possible by the Authority or any authorised person. (2) A permit holder who fails to install an airline commits an offence and is liable on conviction to the penalties prescribed under the Act and these Regulations. 81. (1) The Authority may, in writing, authorize any person Water resources employed in the public service, or any servant, agent or contractor of inspector. such person, to perform any of the powers, duties or obligations vested in it by these Regulations. (2) The following persons shall perform the duties and have the powers of a water resources inspector— (a) any person appointed to a post that is equal to or more senior than that of a water resources officer or water rights officer in the Authority; (b) persons other than officers of the Authority, appointed by the Authority by notice in the Gazette, as water resources inspectors, which persons may receive such payment in respect of their services as the Authority may determine; (3) Every person appointed to perform the duties of a water resources inspector shall carry a document of identification and shall produce the document when required in the performance of his or her duties. 82. (1) The Authority shall, on the basis of data gathered by or Water resources submitted to it maintain a database for purposes of water resource data. management. Collection and submission of abstraction, water quality and effluent discharge data. Kenya Subsidiary Legislation, 2021 993 (2) The database shall contain data on climate, surface water, groundwater, water quality, catchment conditions, abstractions, permits, water use and any other data relevant to the management of the water resources. (3) Any person requiring water resource data from the Authority shall apply for such data in writing and pay for the data according to the fees prescribed in the Second Schedule, except where the Authority is satisfied that the data is to be used for research or non-commercial purposes:. (4) In responding to a request for data the Authority shall be guided by Article 35 of the Constitution of Kenya. (5) A person who sells any data obtained from the Authority or transfers such data to a third party commits an offence. (6) The Authority shall not be held liable for any errors or omissions in its data. (7) A person who uses the citation for a publication that derives data from the Authority shall submit to the Authority such citation with a brief summary of the publication within thirty days of the date of publication. 83. (1) To the extent practicable, the Authority shall maintain a register and map of all water bodies which shall contain the official name and class (if any) of each water body. (2) The official name of the Register shall be determined by the Authority after consultation with other government departments and other stakeholders. PART IX WATER USE CHARGES 84. (1) A person in possession of a valid water use permit or who is required to have a valid permit for water use, shall pay to the Authority water use charges on the basis of the water abstracted, diverted, obstructed or used including energy derived from a water resource at the appropriate rate as set out in the Second Schedule. (2) A person in possession of a valid water use permit or who is required to have a valid permit for water use shall pay in addition to the water use charge.. a levy amounting to 5 percent of the monthly water use charge as a water conservation levy. (3) Water use charges payable to the Authority under sub regulation (1) shall be used by the Authority to meet the costs of discharging the regulatory functions pursuant to section 12 of the Act together with reasonable overhead and incidental costs incurred in exercising its mandate. (4) The monies collected by the Authority as a water conservation lc y shall be segregated from the water use charges and reported on separately and, on the basis of agreements entered into between the A uthority and county government entities and water resource users associations used to finance part of the costs of the implementation by water resources associations and county government entities of catchment or sub-catchment soil and water conservation plans. Register of water bodies. Water use charges. 994 Kenya Subsidiary Legislation, 2021 (5) Payment of water use charges and conservation levies shall be made to the Authority by the 15th day of every month for water used in the preceding calendar month. (6) With the approval of the Authority, payment of the water use charge and conservation levies may be remitted to the Authority in instalments exceeding monthly instalments. 85. The Authority shall adjust the water use charges annually in order to give effect to indexation by reference to the officially published annual inflation index. 86. The Authority may at any time, following public consultation, review and gazette new water use charges on the basis of— (a) a significant increase in the cost of regulating the water resources; (b) the desire that water use charges facilitate water resources demand management; and (c) any other criterion that the Authority may consider appropriate. 87. (1) A permit holder or any person who is required to have a valid permit shall ensure that there is an automated measuring device for the assessment of the quantity of water used with respect to each permit. (2) The permit holder shall take readings from the measuring device and submit the readings to the Authority in the Form WRA 015 set out in the Thirteenth Schedule. (3) In the event that the permit holder does not submit readings of the quantity of water used, the Authority shall take readings of the quantity of water used provided that if the Authority reasonably believes that the meter readings are inaccurate, the Authority shall make a fair estimate of the quantity of water used. (4) In making the assessment, the Authority shall be guided by the allocation in the permit and by observations and evidence of water use activities. (5) In the event that the assessed quantity of water used, as determined by the Authority, is 25 percent more or less than the permitted allocation, taking into account seasonal variations, the Authority may re-evaluate and vary the permitted allocation. (6) Where the permit holder and the Authority cannot agree on the assessment of the quantity of water used, then the opinion of the Authority shall prevail and the permit holder shall pay the amount assessed by the Authority. (7) The permit holder may lodge a complaint under these Regulations notwithstanding having made the payment under sub regulation (6). (8) Without prejudice to the provisions of sub regulation (6), the Authority shall be at liberty to adopt alternative methods in assessment Annual adjustment of water use charges. Review of water use charges. Automated measuring device. Kenya Subsidiary Legislation, 2021 995 of water use charges including reference to crop production, resources extracted and similar methods. 88. (1) Where the Authority discovers that a permit holder, or a person who is required to have a water permit, has not paid water use charges, the Authority may charge arrears. (2) Where the Authority discovers that a permit holder has tampered with or has caused such meter to be tampered with and under declared his or her water use, the Authority shall be entitled to charge for the under declared water use in arrears. 89. An additional 10 percent shall be added to the water use charges payable for any water use within a groundwater conservation area or protected area gazetted under the Act to cover for the cost of enhanced regulation required in such areas. 90. In the event that the water abstracted exceeds the permitted amounts by over 5 percent, the excess shall be charged at a penalty rate of ten shillings per cubic metre. 91. (1) A water user in possession of a valid permit who has installed and used water from its own flood water storage facilities shall be entitled to a waiver of the premium payable under applicable Regulations on use of water from a regulated watercourse. (2) The waiver shall only apply in the case of storage that equals or exceeds ninety days water demand otherwise the premium payable shall be calculated on a pro rata basis. 92. If the assessment of the water used is not based on continuous measurement by means of an automated and appropriately sealed flow measuring device, a penalty of 10 per cent shall be charged on the full amount of water used. 93. The Authority may appoint revenue collection agents and shall pay for the cost of the services rendered. 94. Water use charges shall be paid directly to the Authority or where applicable to a revenue collection agent. 95. Late payment of water use charges shall attract a simple interest charge of 2 percent per month until the whole amount is paid in full. 96. (1) Failure to pay the appropriate water use charges is a breach of the conditions of a permit and may be a basis for the revocation or suspension of the permit. (2) The Authority may within fourteen days, following notice given to the permit holder, suspend, initiate the cancellation process or vary in whole or in part the permit if the permit holder fails to pay in full the water use charges for any one payment period for a period of four months after the due date. (3) Any permit holder whose permit has been suspended, cancelled or varied due to non-payment may not apply for a lifting of Time limitation on arrears. Groundwater conservation charge. Penalty for over abstraction. Waiver of premium payable. Penalty for failure to use automated measuring device. Revenue collection agents. Modes of payment. Interest for late payment. Failure to pay water use charges. 996 Kenya Subsidiary Legislation, 2021 the suspension or a new permit or amendment until the outstanding amount and any associated cost is paid in full. (4) Any application for a new permit or amendment of an existing permit shall not be considered if the permit holder has arrears. (5) A person who reconnects abstraction facilities without permission from the Authority, after the Authority disconnects or dismantles an intake or abstraction equipment or facility, due to non payment of water use charges, commits an offence. PART X—WATER RESOURCE USERS ASSOCIATIONS 97. (1) A water resource user association shall register with the Authority by submitting Form WRA 018 in the Thirteenth Schedule. (2) For a water resource users association to qualify for registration by the Authority, it shall— (a) be registered under the Societies Act as an Association: Provided that prior to the registration, the association shall seek a letter of no objection from the Authority; (b) have a constitution conducive to collaborative management of the water resources of a particular sub-catchment and which promotes public participation, conflict mitigation and resolution, gender main-streaming and environmental sustainabil ity; (c) have a delineated boundary map of its coverage area; (d) submit minutes of the meeting of elections of its officials and a list of members. (3) The Authority shall respond in writing within thirty days of the receipt of the application for registration of a water resource users' association. (4) If after thirty days there are no objections or if any objections received have been satisfactorily addressed, the Authority shall issue the association with a certificate of registration in Form WRA 019 set out in the Thirteenth Schedule and enter its name in the Register of water resource users associations. (5) A Water resource user association's operations shall be guided by the following — (a) it's Plans shall be facilitated by the Authority and any review sanctioned by the Authority; (b) it shall receive and utilize funds with approval from the Authority in related water resource management activities; (c) it must adhere to its Constitution and shall not develop by laws that contradict the Constitution; Registration and Operation of associations. Cap. 108 Kenya Subsidiary Legislation, 2021 997 (d) it shall submit an annual report to the Authority and as when required; (e) it shall make annual returns to the Registrar General and share the same information with the Authority; and (0 it shall not engage in any political activity. (6) Without prejudice to sub regulation (5), the Authority shall develop standards, guidelines and manuals of water resource users associations that shall contain the following — (a) training manuals for association; (b) association's institutional framework; (c) operations guidelines; (d) financing framework; (e) reporting guidelines; and (f) guidelines on preparation of Sub Catchment Management Plans. (7) For a water resource users association to qualify to enter into a tripartite water resource management Memorandum of Understanding with the Authority and the respective county government, it shall — (a) be registered under the Societies Act; Cap. 108 (b) have a constitution that promotes collaborative management of a water resource or resources, active membership open to all water users in the area and public participation, conflict mitigation and resolution, gender main-streaming and environmental sustainability; (c) have a sub-catchment management plan developed in line with the basin area water resources management strategy in accordance with section 29 (3) of the Act; (d) have a functioning and duly functioning management committee; (e) have requisite technical, administrative and organizational capacity to perform the functions specified in the Memorandum of Understanding; and (f) have a record of compliance with financial procedures and obligations, including the remittance of statutory deductions, income tax and other applicable taxes. (8) Where a water resource users' association traverses more than one County, the Memorandum of Understanding shall be between the Authority, the water resource users associations and all the counties traversed by the water resource users associations. (9) The conditions for entering into the Memorandum of 998 Kenya Subsidiary Legislation, 2021 Understanding shall be as provided under the requirements in sub regulation (7). (10) The Authority, county government and the water resource users associations shall before entering into a water resource management Memorandum of Understanding — (a) identify the sub-basin and water resource proposed to be subject of the agreement including on a map; and (b) assess and agree on a proposed mechanism for collaborative management of the water resource. (11) The Authority shall maintain a Register of water resource users associations in the Form R001 set out in the Thirteenth Schedule. (12) The Authority shall publish on its website annually, details of (a) registered water resource users associations; (b) water resource users associations under suspension; (c) deregistered water resource users associations (13) A person may make a written application to the Authority for certified copies of the information in sub regulation (12) upon Cap. 108 payment of the prescribed costs. (14) Whenever the particular details of the water resource users' associations change in Form WRA 018 in the Thirteenth Schedule should be re-submitted to the Authority. (15) The Memorandum of Understanding shall identify modalities for administrative technical or financial support to the water resource users associations by the Authority and county government in respect of activities related to collaborative water resource management. (16) Without prejudice to financial support mechanisms referred to in sub regulation (12), the Authority shall equitably allocate financing to water resource users associations for conservation and management of water resources. (17) The Authority may with good cause suspend a water resource user association from its register of water resource users associations in the following circumstances— (a) if the association fails to adhere to its own Constitution; (b) if the association becomes deregistered under the Societies Act; (c) if the association breaches any conditions under these Regulations or fails to honour the tripartite Memorandum of Understanding with the Authority and the county government; or (d) any other justifiable cause which in the view of the Authority undermines the objectives of association. Kenji! Subsidiary Legiskitibh: 2021 999 (18) Where the Authority intends to' remove; 'a water resource users associations from its Register of water resource users associations, it shall give the water resource user association thirty days' notice in writing to show cause why it should not be suspended and during this period, the associations shall be suspended. (19) During the period a water resource user association is suspended, it shall not be engaged in any activities related to any Memorandum of Understanding entered into with the Authority and county government, without the approval of the Authority. (20) The Authority may lift the suspension upon being satisfied that the water resource users' association has taken corrective measures on the issues that led to the suspension. • (21) Failure to take corrective measures, within a specified time, the Authority shall remove the water resource user association from its register and the association shall cease to be engaged in any water resource management activity covered under any Memorandum entered into with the Authority and county government. (22) The registration of a water resource user association with the Authority does not confer any legal standing on the association, but serves only to affirm the entity considered by the Authority to be a water resource users associations for a particular water resource. (23) The officials of any water resource user association under suspension that violates the conditions of the suspension, or of any water resource user association that has been removed from the register that engages in water resources management activities covered in the Memorandum of Understanding entered into with the Authority commits an offence. PART XI—BASIN WATER RESOURCES COMMITTEES 98. (1) Following the establishment of the basin water resources committees, all Category C and D water use applications shall be submitted by the regional office of the Authority for consideration and advice before the Authority makes a decision on the application. (2) The Authority shall take into account the advice of the basin water resources committee in making its decision and where the decision differs from the advice in any material particulars the Authority shall before implementing provide to the members of the committee the reasons for departing from the advice of the committee. (3) Where an applicant for a water use permit appeals against the decision of the Authority the reasons for the decision of the Authority, the advice of the basin water resources committee and the explanation provided to the committee for departing from its advice will be disclosed to the Tribunal and to the appellant. 99. (1) Notwithstanding the First Schedule of the Act, provisions of Basin Area Management Strategies developed under section 28 of the Act in respect to soil and water conservation for implementation by Consideration of Category B, C and D applications. Quorum of basin water resource committee. 1000 Kenya Subsidiary LQ ion , 2021 County Governments or the operations of a water resources users association in implementing sub-catchment management plans in the sub-basin is to be discussed, the committee shall only be quorate if at least one-third of the county governments participate in the meeting at which that item is to be discussed. (2) Sub regulation (1) shall not limit or in any way constrain the basin water resources committee in discussing and determining an application for a water use permit or its cancellation or suspension or the recommendation for the taking of other enforcement action by the Authority against a permit holder. 100. (1) The regional office of the Authority shall facilitate the work and activities of the committee through the provision of technical, administrative, financial, logistical and other support. (2) The regional officer of the Authority in charge of the basin area shall provide secretariat services to the basin water resources committee. (3) The Authority shall make requests in accordance with the provisions of the Public Finance Management Act., 2012 for budgetary allocation to be utilized for the payment of salaries, allowances and other expenses of the basin water resources committees as determined under section 26 (7) of the Act. 101.(1) A basin water resources commiit publish each year, a report of its activities for the government financial year. (2) A copy of the report shall be submitted d the. Authority to each county government within the area of the basdi and where appropriate the Authority shall convene a meeting of the county governments in the basin to discuss the report and identify priorities for action in the following year. PART XII----PROTECTED AREAS AND OUNDWATER CONSERVATION AREA2 102. (1) Pursuant to sections 22 and 23 of tee Act, the Authority may identify a catchment area, part of a catchment area or water resource to be identified as areas to be protected or designated as groundwater conservation areas if the Authority is satisfied that doing so is necessary for the protection of the water resource and its multiple uses. (2) In identifying a protected area or groundwater conservation area, the Authority shall be guided by the criteria shown in the Seventh Schedule and any other relevant considerations. (3) The Authority shall in conjunction with relevant institutions and stakeholders, describe the boundaries of the proposed protected area or ground water conservation area for gazettement. 103.(1) The Authority shall, in conitti-tction with relevant institutions and stakeholders, establish management regulations or plans that shall apply to each protected area or groundwater conservation area. Regional offices. No. 18 of 2012 Publication of committee reports. Identification of protected or designated groundwater conservation areas. Management Regulations. Kenya Subsidiary Legislation, 2021 1001 (2) The management regulations or plans shall contain the items listed in the Seventh Schedule. (3) A person who fails to comply with the gazetted management regulations or plans commits an offence. 104.The Authority shall undertake public consultation with respect to the establishment of areas to be protected or designated as groundwater conservation areas and the management regulations or plans that shall apply with respect to these areas. PART XIII— THE RESERVE 105.The Reserve in all instances shall comprise of one element related to the quantity of the resource and the respective probability associated with that quantity and a second element related to the quality of the resource. Public Consultation. Composition of the Reserve. 106. (1) In all instances where water resource records are Reserve Quantity. available, the Authority shall establish the Reserve. (2) The Reserve Quantity for— (a) streams and rivers, shall not be less than the flow value that is exceeded ninety-five per cent of the time as measured by a naturalised flow duration curve at any point along the water course; (b) lakes and naturally occurring stagnant waters, shall not be less than the water volume that is exceeded ninety-five per cent of the time as measured by a naturalised volume duration curve or, failing bathymetric data, a naturalised level duration curve; (c) aquifers shall be the Annual Potential Recharge minus the Groundwater Potential as determined by the Authority; and (d) aquifers whose recharge rate has not been determined by the Authority, for each point of abstraction shall be seventy-five per cent of the tested yield expressed in cubic metres per day as determined by test pumping analysis. (3) In all instances where water resource records are not available or where there are significant ambiguities, the Authority shall establish the Reserve and shall be guided by— (a) ecological vulnerability; (b) vulnerability of local populations dependant on that water resource; (c) local observations with respect to the naturalised flows or water levels of minimum values observed during periods of prolonged droughts; (d) in all instances where water flow is known to be normally perennial, then the Reserve Quantity shall be sufficient to ensure perennial flow; (e) consultations with the water resources users associations if such exist. 1002 Kenya Subsidiary Legislation, 2021 107.(1) The Authority shall make the Reserve information on water resources accessible to the public. (2) Any person may make a verbal or written report or complaint to any office of the Authority within the relevant catchment or to the Chief Executive Officer if (a) he or she is unable to obtain sufficient water from the water resource for basic human needs as a result of the Reserve being violated; (b) as a result of his or her observations, she or he considers that the ecology is threatened as a result of the Reserve being violated. (3) Each complaint or report registered with the Authority in regard to a violation of the reserve quantity or quality, shall be given a Complaint Number by the Authority which shall be used for purposes of monitoring the response to the complaint or report. (4) In any instance where a complaint or report has been registered with the Authority in regard to a violation of the Reserve Quantity or Quality, the Authority shall take measures within forty eight hours to respond to the complaint or report including activities listed in the Eighth Schedule. (5) Within thirty days after each report of a Reserve violation, the Authority shall prepare a report detailing the nature of the reserve violation and the measures taken to restore the Reserve. (6) If the Authority considers that the Reserve Quantity or Quality is threatened, it shall cause to be placed in or near the water resource or in a public place frequented by the water users of a particular resource a legible signboard displaying the current condition of the resource and action required by the water users to safeguard the Reserve. PART XIV REGISTRATION OF WATER SECTOR PROFESSIONALS 108.The categories of qualified water sector professionals shall be as shown in the Ninth Schedule. 109.(1) No person or entity shall carry out the work of a qualified water sector professional or qualified contractor under these Regulations unless that person has been licensed as a water sector professional by the Cabinet Secretary. (2) The Cabinet Secretary shall constitute and maintain a Technical Advisory Committee at all times to advise him on the registration, and all other matters regarding the conduct, of qualified water sector professionals and qualified contractors under these Regulations. (3) The Technical Advisory Committee shall comprise of not more than eight members excluding the Chairperson all of whom shall be appointed by the Cabinet Secretary. (4) Membership to the Technical Advisory Committee shall Information on and protection of the Reserve Quantity Categories of qualified water sector professionals. Licensing of qualified water sector professional or qualified contractor. Kenya Subsidiary Legislation, 2021 1003 comprise of a representative from the Authority, Water Services Regulatory Board, National Water Harvesting and Storage Authority, representatives of regulatory bodies of relevant professions and representatives of professional associations. (5) The Cabinet Secretary shall develop administrative guidelines to govern the conduct of business of the Technical Advisory Committee and such guidelines may be revised from time to time as need arises. (6) No final decision on the application for licensing or conduct of a qualified contractor or qualified water sector professional under these Regulations shall be made except on the basis of a recommendation of the Technical Advisory Committee. (7) A final decision on the application for a licence or conduct of a qualified contractor or qualified water sector professional under these Regulations shall be communicated to the concerned party within fourteen days from the date of the decision. (8) Any qualified contractor or qualified water sector professional aggrieved by the final decision of the Cabinet Secretary may appeal to the Water Tribunal. 110.The following persons shall be entitled to apply for a Persons qualifyin qualified water sector professional licence— (a) a person who has graduated with a degree from any recognized university and who has had at least five years practical experience in a profession or discipline relevant to the management water resources or provision of water and sewerage services; and (b) a person who is registered member of the respective professional body where the relevant profession is governed by a professional body. 111. (1) The Cabinet Secretary, may register and issue a licence Professionals to a professional holding non- Kenyan qualifications to practice as a qualified water sector professional or qualified contractor for the holding non-Kenyan qualifications. purpose of any specified task or in regard to a task which the person so applying for registration and licencing has been engaged to undertake under a contract with an entity established or operating under the laws of Kenya. (2) Every water sector professional or foreign contractor licenced under sub regulation (1) during and for the purposes of completing a task shall be deemed to be a qualified water sector professional or qualified contractor. (3) No water sector professional or contractor holding non Kenyan qualifications shall be entitled to carry out works until he has been licenced by the Cabinet Secretary and has paid the prescribed fee. (4) Where a complaint is made in respect of a water sector professional or contractor holding non-Kenyan qualifications, the Cabinet Secretary may immediately suspend the licence of such water 1004 Kenya Subsidiary Legislation, 2021 sector professional or contractor from performing any tasks in Kenya pending the making of a final determination. 112. Any individual who provides or is proposing to provide professional services related to water resources or the provision of water or sewerage services shall apply for a licence as a qualified water sector professional under the appropriate area of specialisation to the Cabinet Secretary in Form WRP 001 as prescribed in the Thirteenth Schedule. 113.The Cabinet Secretary, after receiving an application for a qualified water sector professional licence, may require the attendance of the applicant before the Technical Advisory Committee, and the Committee may examine or question him or her on any matter relevant to the application. 114. (1) If, on the basis of the recommendations of the Technical Advisory Committee, the Cabinet Secretary is satisfied that the applicant is qualified to be licensed, the Cabinet Secretary shall issue a licence in Form WRP 002 in the Thirteenth Schedule for such period and on such conditions, as it may deem desirable. (2) A qualified water sector professional is required to pay an annual licence fee as set out in the Second Schedule. (3) Payments of the licence fees shall be made to the Cabinet Secretary no later than the end of the third month each year. (4) Failure to renew the licence fee is a breach of the conditions of the licence and shall result in the licence being suspended in which case the person may not practise as a qualified water sector professional. (5) A suspended licence may be reinstated after payment of all outstanding fees. (6) Failure to renew the licence for a consecutive period of three years shall result in the licence being revoked. 115.(1) The Cabinet Secretary shall in consultation with the relevant professional bodies develop and publish Codes of Practice to regulate the various professions. (2) All qualified water sector professionals shall comply with the applicable Codes of Practice. 116.(1) The Cabinet Secretary shall keep a Register in accordance with the Thirteenth Schedule of all qualified water sector professional licences issued under these Regulations providing for different classes of approved water sector professionals. (2) The Cabinet Secretary shall, once in every year and not later than the 30th April, publish in the Gazette a list containing — (a) the names and addresses of all licensed qualified water sector professionals; and (b) the names and addresses of qualified water sector professionals deleted from the Register. Application for a licence. Professional interview. Qualified water sector professional licence. Codes of Practice for qualified water sector professionals. Register of qualified water sector professionals. Kenya Subsidiary Legislation, 2021 1005 (3) A qualified water sector professional shall inform the Cabinet Secretary in writing of any change in the particulars of his or her licence within twenty-eight days of such change. (4) A qualified water sector professional who fails to notify the Cabinet Secretary of any changes in the licence may face disciplinary action, including suspension of the licence. 117.(1) A complaint may be made to the Cabinet Secretary Complaints. against any person licensed as a qualified water sector professional under these Regulations if the professional — (a) is incapable of carrying out the work of a qualified water resource professional; (b) is unfit, on account of any reason, to practise as a qualified water resource professional; (c) has failed to comply with or is in breach of the conditions of his or her licence or any provisions of the Act or of these Regulations; or (d) is guilty of professional malpractice or negligence in the performance of his duties. (2) The Cabinet Secretary shall refer all complaints received against water sector professionals to the Technical Advisory Committee which shall hold an inquiry within thirty days of the complaint being lodged, and if after such inquiry the Technical Advisory Committee is satisfied that the complaint is justified, the Committee shall provisionally suspend the licence of the professional and immediately thereafter submit its findings to the Cabinet Secretary with a recommendation of the appropriate action. (3) A water sector professional found culpable of professional misconduct shall be subject to the cancellation or suspension of his or her licence, the removal of his name from the register and notification of the suspension or cancellation of the licence in the Gazette and websites of the relevant regulatory authorities. (4) Pending the decision of the Cabinet Secretary on the recommendation of the Technical Advisory Committee, the water sector professional shall, on the basis of the provisional suspension of the licence, cease to undertake any professional assignments in the water sector. (5) The person against whom a complaint has been made shall be entitled to appear and be heard at such inquiry, before his or her case is determined. (6) Any person whose licence has been suspended or cancelled or whose name has been deleted from the register of qualified water sector professional under sub regulation (3) may, within thirty days of the date of notification of such cancellation and deletion, appeal to the Water Tribunal. 118. (1) No certificate, document or plan required by the Act or Validity of these Regulations to be signed by a qualified water sector professional shall be valid unless it is signed by a person whose name is in the certificates, documents or plans. 1006 Kenya Subsidiary Legislation, 2021 register referred to in these Regulations and who is not at the time of signing under a suspension. (2) Despite sub regulation (1), an officer of the Ministry, if he or she is so authorized to sign by the Cabinet Secretary, shall be deemed to be a person whose name is in the said register. I 19.Any person who wilfully and falsely takes or uses any name, title or addition implying that he or she is a qualified water sector professional licensed under these Regulations commits an offence and is liable on conviction to the penalties prescribed under section 147 of the Act. PART XV LICENSING OF CONTRACTORS 120.The categories of qualified contractors shall be as shown in the Ninth Schedule. 121. ( I ) The Cabinet Secretary shall develop detailed criteria for different categories of qualified contractors. (2) The detailed criteria, which shall be provided to any person upon request, shall be based on the following (a) plant and equipment; (b) qualifications and experience of professional staff; (c) past experience and performance; (d) any other criteria that the Authority considers to be relevant. 122.(1) Any individual, corporate entity, non-governmental or charitable organisation, or public body that constructs or is proposing to construct, modify, rehabilitate or service water works shall apply for registration under the appropriate category as a qualified contractor to the Cabinet Secretary, in the Form WRC 001 in the Thirteenth Schedule. (2) No contractor shall be licensed or continue to hold a valid licence as a qualified contractor unless he in possession of a valid certificate issued by the National Construction Authority for the category of works he proposes to undertake. 123.(1) The Cabinet Secretary shall verify the details of the application by visiting the premises and reviewing the state of the equipment and the experience and qualifications of the applicant and his, her or its staff. (2) If the Cabinet Secretary is satisfied, on the basis of recommendations of the National Construction Authority, Regulatory Board or Storage Authority as appropriate, that the applicant is qualified to be licensed, the Cabinet Secretary shall issue a licence in the Form WRC 002 in the Thirteenth Schedule for such period and on such conditions as he or she may deem suitable. (3) A qualified contractor shall pay the annual licence fee set out in the Second Schedule and payments shall be made to the Cabinet Secretary no later than the end of the third month in each calendar year. Misrepresentation as licensed qualified water sector professional. Categories of qualified contractors. Criteria for qualified contractors. Application to register as qualified contractor. Qualified contractor licence. Kenya Subsidiary Legislation, 2021 1007 (4) A qualified contactor who fails to to renew the licence fee is in breach of the conditions of the licence and the Cabinet Secretary may suspend the licence. (5) A suspended licence may be reinstated after payment of all outstanding fees. (6) Failure to renew the licence for a consecutive period of three years shall result in the licence being revoked. 124.(1) A contractor engaged to undertake any works shall verify that all necessary and valid authorisations have been obtained by the client in regard to the proposed works prior to commencement of the works. (2) Commencement of works by the contractor without having verified the availability of the required authorisations may be used as a basis by the Cabinet Secretary to take disciplinary action, which may include the de-registration of the contractor. 125. (1) The Cabinet Secretary shall in consultation with the relevant professional bodies develop and publish a Code of Practice to regulate contractors. (2) All qualified contractors shall comply with the Code of Practice. 126. (1) A complaint may be made to the Cabinet Secretary against any person licensed as a qualified contractor under these Regulations if such contractor — (a) is incapable of carrying out the work of a qualified contractor; (b) becomes unfit, through any reason, to practise as a qualified contractor; (c) fails to comply with the conditions of his or her licence or any provisions of the Act, or of these Regulations; or (d) is guilty of malpractice or negligence. (2) The Cabinet Secretary shall hold an inquiry within thirty days of the complaint being lodged and if after such inquiry the Cabinet Secretary is satisfied that the complaint has been justified, the Cabinet Secretary shall take disciplinary action which may include suspension or cancellation of the licence of the contractor and if the licence is cancelled the name of the contractor shall be deleted from the register of qualified contractors. (3) The contractor against whom a complaint has been made shall be entitled to appear and be heard at such inquiry, before the case is determined. (4) A contractor whose licence has been suspended or cancelled and whose name has been deleted from the register of qualified contractors under sub regulation (2) may, within thirty days of the date of notification of such suspension or cancellation and deletion, appeal to the Water Tribunal. Verification of necessary and valid authorisations. Code of Practice for qualified contractors. Complaints. 1008 Kenya Subsidiary Legislation, 2021 127. (1) The Cabinet Secretary shall keep a register as set out in the Thirteenth Schedule of licences for qualified contractors issued under these Regulations. (2) The Cabinet Secretary shall, once in every year and not later than the 30th April, publish in the Gazette a list containing (a) the names and addresses of all licensed qualified contractors; and (b) the names and addresses of qualified contractors deleted from the Register. (3) A qualified contractor shall inform the Cabinet Secretary in writing of any change in the particulars of his or her licence within twenty-eight days of such change. (4) A qualified contractor who fails to notify the Cabinet Secretary of any changes in the licence may face disciplinary action, including suspension of the licence. 128. Any individual, corpo; ite tmtity, non-governmental or charitable organisation, or public body who wilfully and falsely takes or uses any name, title or addition implying that he, she or it is a qualified contractor licensed under these Regulations commits an offence. PART XV— LICENSING OF CONTRACTORS 129. A water quality laboratory which is registered, accredited or gazetted by the National Environment Management Authority shall be recognised by the Authority. 130. (1) The Authority may issue an Order to any person to desist from any activity, or for the carrying out of corrective measures to improve compliance to these Regulations or conditions for better water resource quality and or catchment conditions. (2) The Order shall be in Form WRA 015 in the Thirteenth Schedule and shall specify what measures are required to be taken, the period of time for compliance with the Order and any other conditions pertaining to compliance with the Order. (3) A person who has been served with an Order by the Authority and fails to comply within the stated period of time shall be considered to be in breach of these Regulations and guilty of an offence punishable under these Regulations. (4) Failure to comply with an Order by the Authority may be a reason for suspension, cancellation or variation of a permit in addition to any other prescribed penalties. (5) Any person who objects to any part of an Order served on him or her by the Authority shall respond in writing to the Authority within fourteen days, giving justification for the basis of his or her objection. (6) In the event of an objection to an Order, the Authority shall, within seven days of receiving the objection, notify the person served with the Order of changes to the conditions of the Order, if any. Register of qualified contractors. Misrepresentation as qualified contractor. Recognized water quality laboratories. Orders. Kenya Subsidiary Legislation, 2021 1009 (7) In the event that an Order is not complied with within the timeframe stated on the Order, the Authority may take any appropriate measures to prevent the activity mentioned in the Order including the confiscation of equipment, plant or works, and any costs incurred by the Authority in effecting these measures is a cost recoverable from the recipient of the Order. (8) If the complainant is dissatisfied, he or she may follow the complaints mechanism as specified in these Regulations. (9) In the event that the Authority determines that an activity may cause deterioration of the resource quality, the Authority shall take immediate corrective measures as an emergency without reference to the person who caused it, and any costs incurred by the Authority in effecting these measures may be recovered from the person responsible. 131. (1) In the event of unusual climatic, accidental or hydrological events, the Cabinet Secretary may impose by public notification an Emergency Order in the interests of maintaining the Re -erve and domestic water supplies. (2) The Emergency Order shall comprise of the details listed in the Twelfth Schedule. (3) An Emergency Order will be lifted or varied by public notification. (4) Any person who fails to comply with an Emergency Order commits an offence. 132. (1) A person with a complaint related to any matter under these Regulations shall submit his or her complaint to the relevant department of the Authority by providing the particulars set out in the Tenth Schedule. (2) The Authority shall reply to the complainant, copied to all other relevant parties, within twenty-one days of receiving the complaint stating what action is being taken, the position of the Authority on the matter and any recommendation to the complainant. (3) If the complainant is dissatisfied with the decision made in sub regulation (2), he or she may forward the matter to the Chief Executive Officer of the Authority. (4) The Chief Executive Officer shall reply to the complainant, copied to all other relevant parties, within twenty-one days of receiving the complaint stating the final decision of the Authority including whether the Chief Executive Officer upholds or annuls the decision as the case may be, and give reasons for his decision, and any recommendation to the complainant. (5) If the complainant is dissatisfied with the final decision of the Authority, he or she may appeal this decision at the Water Tribunal. (6) Each complaint shall be given a complaint number by the Authority which shall be used for purposes of monitoring any remedial action taken and the response to the complainant. Emergency Order. Complaints mechanism. 1010 Kenya Subsidiary Legislation, 2021 133.(1) Penalties for offences committed under these Regulations Penalties. are as set out in the Fifth Schedule. (2) A person who commits an offence under these Regulations shall, if no other penalty is prescribed in respect of the offence, be liable to the penalty prescribed under section 147 of the Act. 134. The Water Resources Management Rules, 2007, are hereby Revocation of LN revoked. No 171 of 2007. Kenya Subsidiary Legislation, 2021 1011 FIRST SCHEDULE (r. 4, 5, 6, 13(1), 14(1), 56(4), 99(1)) WATER USE ACTIVITIES AND PERMIT DETAILS PART 1 - WATER USE ACTIVITIES THAT REQUIRE APPROVAL BY AUTHORITY: Item Water Use Activity 1. Temporary abstraction for construction 2. Diversion of water from a water course; 3. Abstraction from surface water; 4. Diversion of a water course 5. Abstraction from groundwater, either by a borehole or a shallow well; 6. Groundwater recharge augmentation; 7. Water storage in dams and pans; 8. Liquid waste including the effluent discharged, disposed or emitted into the environment likely to adversely impact on a water resource; 9. Swamp, marsh or wetland drainage; 10. Obstruction of water; 11. In-streamworks; 12. Mixing of waters from different water resources; 13. Hydropower generation; 14. Exploiting and using sea water for salt production; 15. Dredging of the bed of a watercourse, lake, territorial sea or other water bodies; 16. Construction of boundary walls adjoining a water body, retaining walls, dykes and similar structures; 17. Dumping of debris or waste materials into a water resource; 18. Reclamation of land either on account of the recession of a water body or the seabed or for other reason; 19. Non-consumptive utilisation involving recreational activities including training exercises if routinely carried out by a group of persons either formally or informally organised; 20. The extraction of salt or other non-living natural resources from the waters of the territorial sea or other water bodies; 21. The extraction of geothermal resources; 22. Drilling, tunnelling, the use of explosives, excavation, quarrying and other extractive activities into or in close proximity to a water resource; 23. Sand harvesting. 1012 Kenya Subsidiary Legislation, 2021 PART 2—ACTIVITIES FOR WHICH APPLICATION FOR VARIATION OF PERMIT SHALL BE MADE: Item Activity (a) Modifications at the point of diversion or abstraction; (b) Varying the water use; (c) Changing the point of use; (d) Mixing water covered under different permits; (e) Replacement, deepening, widening or any other modification to an existine, borehole, shallow well or any water works requiring approval by the Authority; (0 Abandonment of an existing waterworks that would normally require approval by the Authority; (g) Artificial recharge of groundwater; (h) Any other type of water use activity that may, from time to time, be determined by the Authority PART 3 - CATEGORY OF WATER RESOURCE USE ACTIVITIES: Category Description A Water use activity deemed by virtue of its scale to have a low risk of impacting the water resource. Applications in this category will be determined by Regional Office. B Water use activity deemed by virtue of its scale to have the potential to make a significant impact on the water resource. Permit applications in this category will be determined by Regional Office following consultation with the WRUA or equivalent local representative association whose objective is natural resources management and conflict resolution. C Water use activity deemed by virtue of its scale to have a significant impact on the water resource. Permit applications in this category will be determined by regional offices on the basis of advice of the basin water resource committee and following consultation with the concerned WRUAS local representative association(s) whose objective is natural resources management and conflict resolution. D Water use activity which involves either two different catchment areas, or is of a large scale or complexity and which is deemed by virtue of its scale to have a large impact on the water resource. Permit applications in this category will be determined by the Authority headquarters on the basis of the advice of the concerned basin water resource committees. Kenya Subsidiary Legislation, 2021 1013 SECOND SCHEDULE FEES AND WATER USE CHARGES (r. 10(2), 10(4), 13(1)(c),14(1)(d), 14(2), 26(2), 27(2), 31(1), 34(1), 36(1)(b), 37(2), 39(3), 50(2),60(3), 61(6), 69(2), 82(3), 84(1), 114(2), 123(3)) PART A FEES 1. GENERAL FEES Relevant Form (if applicable) Description of Activity Fees KSh. WRA 001A, 001B, 001C, 001D, 001E, 001F, 001G Application for Water Permit See second schedule, Part 2 WRA 002 Application for Easement 4000 WRA 005 Application for Extension of Time of Authorisation 4000 WRA 006 Extension of Authorisation to Construct Works 2000 WRA 011 Water Permit See second schedule, Part 2 WRA 012 Application for Renewal of Water Permit See second schedule, Part 2 WRA 013 Application for Variation of Water Permit 4000 WRA 014 Application for Transfer of Water Permit 4000 WRA 017 Application for Authority to Enter Land 4000 WRA 020 Application of Search of Water Permit 2000 WRA 021 Supplement to Authorisation/Supplementary Permit 6000 WRP 001 Application for registration as Qualified Water Sector Professional 6000 WRP 002 License as Qualified Water Sector Professional 6000 WRC 001 Application for registration as Qualified Contractor 10000 WRC 002 License as Qualified Contractor 10000 Annual License Fee for Qualified Water Sector Professional 4000 Annual License Fee for Qualified Contractor 4000 For re-issue of or alteration to Authorizations, Permits, and Licences 4000 1014 Kenya Subsidiary Legislation, 2021 FEES FOR ASSESSMENT AND ISSUANCE OF WATER USE PERMITS BY CATEGORY Applications Assessment of Application (Kshs) Issue of Initial Permit (Kshs) (for 5 years) Assessment for renewal and/or variation of Permit Water Use Category A 2,000 1,000 1,000 Water Use Category B 20,000 25,000 45,000 Water Use Category C 40,000 50,000 90,000 Water Use Category D 80,000 100,000 180,000 NOTE: (a) Application fees in respect of Ground Water Permits shall be accompanied with payment for physical chemical analysis. (b) For permits issued for less than 1 year, the cost of the permit will be charged on a pro rata basis. (c) The fees for Assessment for renewal and/or variation of Permit is inclusive of issuance of the Permit(renewal). 2. FEES FOR DATA, INVESTIGATIONS, LABORATORY ANALYSIS AND RELATED SERVICES Item Type Unit Rate (Kshs) Groundwater Data Basic data (WSL, WRL, Yield, Depth) up to a maximum of 10 boreholes Per request 5,000 Borehole or Well Completion Record (Form 008A or 008B) including test pumping and water quality data Per borehole 5,000 Hydro—meteorological Data Rainfall (daily, monthly, or annual) Per station record 5,000 Climatic parameter Per station record 5,000 Water level and rating equations Per station record 5,000 discharge Per station record 5,000 lake/ reservoir level Per station record 5,000 sediment load Per station record 5,000 Water Apportionment Copy of Authorisation or Permit Per copy 1,000 Water Quality Data All parameters (up to a Maximum of 20 data sets) Per request 5,000 INVESTIGATIONS Groundwater Hydrogeological Assessment or surveys including borehole siting Per site 40,000/- plus staff days based on contracted consultancy day rate and Kenya SubSidiary Legislation, 2021 1015 AA rates for mileage exclusive of lab analysis costs Surface water Hydrological Assessment or surveys Per request Ditto WQ and pollution Control Water Quality Assessment or surveys Per request Ditto Surface water Flow measurement Per site 20,000/- plus staff days based on contracted consultancy day rate and AA rates for mileage Thematic maps and Reports blue prints Per copy 2,000 coloured prints Per A 1 copy Per AO copy 5,000 5,000 coloured prints Per A4 copy Per A3 copy 1,000 1,000 Digital Maps Per Theme 20,000 Reports Per page 50 Equipment Hire Per day As per prevailing schedule of rates issued by WRA from time to time Copy of Register of WRUAs Per region 5000 Copy of Register of Water Bodies Per region 5,000 Copy of Register of Authorisations or Permits Per 100 or part thereof 5,000 Copy of Register of Qualified Water Sector Professionals or Qualified Contractors Per copy 5,000 Recommendations by WRUA on Application for Permit Note recommendation by WRUA does not confer or imply a Permit for water abstraction by the Applicant Permit Per Permit 2,000 Certified Copy of Register Per Sub 1,000 1016 Kenya Subsidiary f WRUAs WRUA Development ycle 4,000 PART B WATER USE RGES RATES FOR WATER USE CHARGES FOR PERMIT CATEGORIES A, B, C AND D. Type of Water Use Ciiteria Rate Domestic, Public, Livestock Domestic, public, and livestock purposes 5 Kes/m3 Hydropower Generation Amount of ;narated First 1 MW No charge Over 1 MW 2 Kes per kWh Irrigation First 300 m3/(lay 2 Kes/m3 Over 300 m 2.5 Kes/m3 Fish Farming Amount sup I Kesim3 Commercial / Industrial First 300 m.- 5 Kes/ m3 Over 300 m'• 6 Kes/ m3 Effluent Discharge As per the Amendments. Salt Extraction Desalination Suspended Buildings On Lakes And Ocean Temporary Permit For Temporary Diversion Of Rivers/Sea/Water Courses During Construction Of Bridges Permit For Dredging And Training Of Rivers/Water Courses For Construction Of Roads Lab Analysis Charges Change Of Use (WR Infrastructure) Searches Riparian WRUAs Wetlands Dams Swamp List of Professionals Data Sets WR Maps Registration Of Professionals Registration Renewal 5,000 5,000 Registration Of Contractors 1„000 NOTE: (a) All water use under category A, B, C and r: ,,Aiater use charges. (b) Water use charges apply to water ,9bstrair.- ted, stored, and or used for hydropower generation. Kenya Subsidiary Legislation, 2021 1017 PART C- LABORATORY WATER QUALITY TESTING CHARGES Parameter CHARGES (KSh.) Individual Parameters Charges (KSh.) Physical Chemical Analysis 5000 22.Total Hardness 600 Biological Analysis 3500 23. Sulphides 350 Partial Effluent Analysis 5000 24 Dissolved Oxygen 300 Full Effluent Analysis 8000 25. Temperature 200 Individual Parameters 26. Salinity 300 1.pH 200 27. Chemical Oxygen Demand 1000 2. Colour 200 28. Biochemical Oxygen Demand 1000 3. Turbidity 300 29. Chlorine Demand 1000 4. Conductivity 300 30. 4Hr.Permaganate Value 500 5. Magnesium 400 31. Oil & Grease 1000 6. Total Alkalinity 350 32. Total Suspended Solids 500 7. Free Carbon Dioxide 200 33. Pesticides (each) 8000* 8. Orthophosphate 500 34. Detergents 2000 9. Total Phosphorus 700 35. Residue Chlorine 300 10. Chloride 300 36. Total Nitrogen 1000 11. Iron 700 37. Phenols 500* 12. Nitrate 500 38. Heavy metals (each) 1000 13. Nitrite 500 39. Coliforms &E.Coli 3500 14. Total Dissolved solids 300 40. Legionella 5000 15. Sulphate 400 41. Jar Test 5000 16. Fluoride 400 42. Water Treatment Chemical Analysis 5000 17.Calcium 400 43. Arsenic 1000 18. Manganese 700 44. Water quality Data for all parameters (up to Max. 20 datasets) 2000 19. Potassium 350 20.Sodium 350 21. Ammonia 500 1018 Kenya Subsidiary Legislation, 2021 THIRD SCHEDULE (r. 14(1)(c)) REGULATION OF DAMS Table 1: Classification of Storage Dams Class of Dam Maximum Depth of Water at NWL (m) Impoundment at NWL (m3) Catchment Area (km2) SDI 0 —4.99 < 100,000 < 100 SD2 5.00— 14.99 100,000 to 1,000,000 100 to 1,000 SD3 > 15.00 > 1,000,000 > 1,000 NWL = Normal Water Level Table 2: Risk Factors of Storage Dams and other waterworks Classification Population at Risk Incremental Consequences of Failure Loss of Life Environmental and cultural values Infrastructure, economics and other property SD 1 (Low Risk) Temporary/ Permanent Minimal numbers (a)Limited presence of: (b)important fisheries (c)important wildlife (d)habitats (e)rare or endangered species, or (f)unique landscapes (g)sites of cultural significance and additionally Restoration or compensation in kind for losses and damage is possible. Low economic losses affecting limited infrastructure and residential buildings, public transportation or services or commercial facilities; alternatively limited destruction or damage to locations used occasionally and irregularly for temporary purposes. SD 2 (Medium Permanent Significant Significant presence: Moderate economic losses affecting Kenya Subsidiary. Legislation, 2021 1019 Risk) numbers (a) critical fisheries; (b) critical wildlife habitats; (c) rare or endangered species, or important infrastructure, public transportation or services or commercial facilities, or moderate destruction or severe damage to residential areas. (d) unique landscapes (e) sites of cultural significance and additionally Restoration or compensation in kind for losses and damage difficult. SD 3 (High Permanent Large Presence of : High economic Risk) numbers (a) critical fisheries; (b) critical wildlife habitats; (c) rare or endangered species, or (d) unique landscapes losses affecting critical infrastructure, public transportation or services or commercial facilities, or significant destruction or damage to residential areas. (e) sites of cultural significance and additionally Restoration or compensation in kind for losses and damages is impossible or impracticable. 1020 Kenya Subsidiary Legislation, 2021 Table 3: Minimum Return Period for Spillway Design Class of Dam Minimum Period for Design of Spillway SDI I in 50 years SD2 1 in 100 years SD3 1 in 500 years Table 4: Dam Safety Inspection Schedule Class of Dam Frequency of inspection Inspection by SD1 Once in 5 years PanelIC I ,PanelI C2, Panel II C SD2 Once in 3 years PanellC2, Panell CI SD3 Once every 2 years Panel I C2 FOURTH SCHEDULE (r. 16(1), 51(4), 58(2), 62(2)) CONTENT AND FORMAT OF TECHNICAL REPORTS The following are guidelines for Technical Reports and compilers are expected to exercise their professional judgement in including other appropriate items in the Technical Report. FORMAT OF REPORTS All reports shall be submitted to the Authority in the following format: Item Format 1. One original paper hardcopy of all documents, duly signed, and adequately bound together; 2. Two paper copies of all documents; 3. A digital Portable Domain Format (PDF) format of the document and drawings submitted on a Compact Disk or any other appropriate electronic medium. FORMAT OF DRAWINGS All technical drawings submitted to the Authority shall comply with the following format: Item Format 1. One original paper hardcopy of all drawings, duly signed, and adequately bound together; 2. Two paper copies of all drawings; 3. A digital DXF (Digital Exchange Format) format of the technical drawings submitted on a Compact Disk (CD) or other electronic medium as appropriate; Every plan shall be signed and dated by the person making it, and, if it is made by any person other than the applicant to whom it relates, the application or his or her lawfully authorized agents hall also approve, sign and date it. Kenya Subsidiary Legislation, 2021 1021 Every plan prepared by a qualified professional shall have endorsed thereon a certificate in the following form: CERTIFICATE I/We of hereby certify that this plan was made by me/us[or under my/our direction]and that it correctly represents the places, lands, areas and works shown thereon. Qualified Professional(s) All reduced levels or elevations shown on any plan, or set of plans, longitudinal sections cross sections of any work or works shall be to the same datum, and reference shall be made on a least one sheet of any set of plans, longitudinal sections or cross sections indicating the datum used, and also the positions of all bench marks, which shall be properly located and described on the general map(and which benchmarks one shall be in the immediate vicinity of the point of diversion, abstraction or storage), from which the datum may be gained. The location of the datum shall be described by the Grid Reference in UTM Coordinates based on the Arc 1960 datum. The elevation shall be referenced to mean sealevel. The nature of the datum shall be adequately described. FORMAT OF MAPS AND DRAWINGS All technical drawings and maps submitted to the Authority shall comply with the following format: Item Format A digital Tagged Image File Format (TIFF) format of the maps submitted on a CD, or other appropriate media SITE ASSESSMENT REPORT A Site Assessment Report shall substantially provide the following details: Item Details 1. Name and details of Applicant; 2. Description of Proposed Activity 3 Confirmation of Site details; 4 Relevant hydrological features; 5 Relevant catchment features; 6 Recommendations 1022 Kenya Subsidiary Legislation, 2021 TECHNICAL REPORTS The following technical reports shall substantially provide the details required. DAM DESIGN REPORT (FOR CLASS SDI, SD2 AND SD3 DAMS Item Contents 1. Details of location 2. Details of hydrological assessment 3. Details of design flood and return period 4. Details of embankment 5. Details of reservoir 6. Details of draw-off and compensation works 7. Details of spillway(s) 8. Details of ancillary structures 9. Details of construction materials 10. Details of construction schedule 11. Details of operational regulations 12. Procedures to notify and protect downstream inhabitants, infrastructure and environments 13. Schedule of inspection and maintenance 14. Assessment of impacts and risks TECHNICAL DESIGN REPORT Item Detail 1 Name and details of Applicant; 2. Description of Proposed Activity; 3. Analysis of Demand; 4. Details of Hydrological Assessment 5 Details of Structures to be built; 6. Details of Equipment to be installed; 7. Details of Controlling Device; 8. Details of Measuring Device; 9. Details of operating procedures; 10 Details of safety devices PROGRESS REPORT Item Detail 1. Name and details of applicant; 2. Description of proposed Activity; 3. Details of Authorisation including the time frame; 4. Cause of delay; 5. Revised timeframe for completion; Kenya Subsidiary Legislation, 2021 1023 DAM INSPECTION REPORT Item Contents 1. Current condition of dam with respect to approved design and "as-constructed" condition 2. Anyactionrequiredtorestorethefunctionalandstructuralintegrityofthedamtothe required state 3. Any changes with regard to the risk of or impact in the event of dam failure 4. Review appropriateness of the action plan in event of dam failure DAM DAMAGE OR FAILURE REPORT Item Contents 1. Details of location 2. Date and time of dam failure or damage 3. Preceding climate 4. Preceding hydrology 5. Cause of dam failure or damage 6. Steps taken to notify downstream inhabitants 7. Nature and extent of damage caused to the dam or caused by the dam failure HYDROLOGICAL ASSESSMENT REPORT Item Details 1. Name and details of Applicant; 2. Location and Description of Proposed Activity; 3 Details of Climate; 4 Details of river or water body (name, nearest Regular Gauging Station, Sub catchment); 5 Details of catchment (area, slopes, soils); 6 Details of vegetation and land use; 7 Details of Registered and Non registered Abstraction on the resource ; 8 Details of all other permits related to this application; 9 Hydrological characteristic sand analysis (annual, monthly, extreme events, flow duration or probability of events occurring); 10 Hydrochemistry; 11 Analysis of the Reserve; 12 Assessment of availability of flow; 13 Impact of proposed activity on flow regime, water quality, other abstractors; 14 Recommendations on Proposed Activity; HYDROGEOLOGICAL SURVEY REPORT Item Detail 1. Name and details of applicant 2 Location and description of proposed Activity 3 Details of climate 4 Details of geology and hydrogeology 5 Details of neighbouring boreholes, and neighbouring proposed valid authorizations, including location, distance from proposed borehole or boreholes, number and construction details, age, current status and use, current abstraction and use. 6 Description and details (including raw and processed data) of prospecting methods adopted, e.g. remote sensing, geophysics, geological and or hydrogeological cross sections Hydro- geological characteristics and analysis, 1024 Kenya Subsidiary Legislation, 2021 to include but not necessarily be limited to, the following: (a) Aquifer transmissivity; (b) Borehole specific capacities; (c) Storage coefficient and or specific yield; (d) Hydraulic conductivity; (e) Groundwater flux; (f) Estimated mean annual recharge, and sensitivity to external factors. 7 Assessment of water quality and potential infringement of National standards 8 Assessment of availability of groundwater; 9 Analysis of the reserve 10 Impact of proposed activity on aquifer, water quality, other abstractors, including likelihood of coalescing cones of depression and implications for other groundwater users in any potentially impacted areas. 11 Recommendations for borehole development, to include but not limited to, the following: (a) Locations of recommended borehole(s) expressed as a coordinate(s)and indicated on a sketch map (b) Recommendationsregardingboreholeorwelldensityandminimumspacin ginthe project area (c) Recommended depth and maximum diameter (d) Recommended construction characteristics, e.g. wire-wound screen, grouting depth (e) Anticipated yield 12 Any other relevant information (e.g. need to monitor neighbouring boreholes during tests) WASTE DISPOSAL CONTROL PLAN Item Detail 1. Name and details of applicant 2. Quantity and quality of in flow water and waste 3. Type and source of waste 4. Design of waste treatment plant 5. Location and description (frequency, quantity, quality and nature) of effluent 6. Description of treatment and operations, if any 7. Hydrology, hydrogeology and hydrochemistry of receiving water body 8. Impacts on receiving water body in terms of quantity and quality 9. Proposed water quality requirements for the permit and the timeframe for achieving compliance 10. Monitoring programme, (measuring device, controlling device, sampling, records, reporting procedures) 11. Emergency plan for accidental discharges and their risks. WATER QUALITY AND POLLUTION CONTROL ASSESSMENT REPORT Item Detail 1. Name and details of applicant: 2. Location and description of activity or proposed activity; 3. Details of river or water body (name, nearest Regular Gauging Station, Sub catchment); 4. Details of flow regime and hydrochemistry; 5. Nature and characteristics of waste disposed; 6. Impact of waste upon water resource and other water users; 7. Other sources of pollution in the project area: 8. Conclusions and recommendations. Kenya Subsidiary Legislation, 2021 1025 SOIL AND WATER CONSERVATION PLAN Item Detail 1. Existing soil and water conservation structures and practises; 2. Potential sources of sediment and other pollutants to the water course; 3. Slope of land; 4. Land use; 5. Condition of the riparian land; 6. Proposed measures and targets for improved soil and water conservation; 7. Targets and timeframe for adoption and implementation of proposed soil and water conservation structures and practices; 8. Schedule of inspection of the Soil and Water Conservation Plan; 9. Site sketch showing— (a) Demarcation of boundaries of land covered under the Soil and Water Conservation Plan; (b) Identification of significant features. BASIN AREA WATER RESOURCES MANAGEMENT STRATEGY Item Detail 1 A description of the institutional framework for water resource management detailing institutional roles and responsibilities; 2. A strategy for the conservation of the catchment areas; 3 A water resource development strategy capturing the need for improved water resource reliability and availability to meet current and future demands and to address poverty alleviation targets; 4 A stakeholder participation strategy that will include mechanisms for encouraging the formation and establishment of Water Resource Users Associations and strengthening them once established; 5 A communication strategy that will capture the communication needs and mechanisms fort he catchment; 6 A water resource monitoring strategy that will capture the resource monitoring network and flow prediction targets; 7 A compliance strategy that will detail the time frame, approaches and requirements to bring water users into compliance with water management regulations; 8 A water demand management strategy that will capture approaches and targets for improving water allocation and use efficiencies; 9 A water allocation plan detailing: (a) A description of the class of resources and their resource quality objectives; (b) An analysis of current and future water demands; (c) Allocation of the resource to the Reserve and to different types of uses; (d) Measures to be taken to ensure that water use approval:. -emain true to the allocations; (e) Measures to be taken when resource availability is limited; (f) A compliance plan; 1026 Kenya Subsidiary Legislation, 2021 (g) An enforcement plan; (h) Mechanisms for reviewing the allocation plan from time to time as the need arises. FIFTH SCHEDULE (r. 133) PENALTIES FOR SPECIFIED OFFENCES Relevant Regulations Offence Minimum Penalty Maximum Penalty 130(3) Failure to comply with an Order Ksh 20,000/- or 6 months imprisonment and compliance with the order at his or her cost Penalty prescribed in section 147 of the Act. 77(12) Damage to Water Resources monitoring network Ksh 20,000/- or 6 months imprisonment and repair damage at his or her cost Penalty prescribed in section 147 of the Act and repair damage at his or her cost 7(2) Failure to Apply for Water Use Permit Ksh. 20,000/- or 6months imprisonment Penalty prescribed in section 147 of the Act. 34(6) Failure to apply for Variation of Permit Ksh. 20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. 86(3) Failure to Follow Notification Procedure with respect Dam releases Ksh 20,000/- or 6months imprisonment Penalty prescribed in section 147 of the Act. 87(2) Failure to submit dam damage or failure report Ksh. 20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. 55(2) Failure to submit a Borehole or Well Completion Record Ksh 20,000/-or 6 months imprisonment Penalty prescribed in section 147 of the Act. 58(4) Failure to apply for approval to undertake artificial groundwater recharge Ksh20,000/-or 6 months imprisonment Penalty prescribed in section 147 of the Act. 61(7) Unapproved Effluent Discharge Ksh.20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. 67(5) Failure to Inform with Respect to spillage Ksh 20,000/- or 2 months imprisonment Penalty prescribed in section 147 of the Act. 70(2) Obstructing a Water Resources Inspector Ksh20,000/-or 6 months imprisonment Penalty prescribed in section 147 of the Act. 74(3) 73(6) Failure to remove or make safe Temporary or Abandoned Works Ksh 20,000/- or 6months imprisonment Penalty prescribed in section 147 of the Act. 115(9) Failure to comply with Soil and Water Conservation Plan Ksh 20,000/-or 6 months imprisonment Penalty prescribed in section 147 of the Act. 103(3) Failure to comply with Management Re!ulations for Ksh 20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. Kenya Subsidiary Legislation, 2021 1027 Relevant Regulations Offence Minimum Penalty Maximum Penalty Protected Area or Groundwater Conservation Area 119,128 Misrepresentation as Qualified Water Sector Professional or Qualified Contractor Ksh 20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. 131(4) Failure to Comply with an Emergency Order Ksh 20,000/- or 6 months imprisonment Penalty prescribed in section 147 of the Act. SIXTH SCHEDULE (r. 64) GUIDELINE STANDARDS FOR WASTE DISPOSAL PART 1: GUIDELINES FOR DISCHARGE OF WASTE INTO SURFACE WATER RESOURCES PARAMETER MAX ALLD \ i .. (LIMITS) Arsenic as Ag (mg/1) 0.1 Biochemical Oxygen Demand (BOD 5 Days at 20 °C) (mg/1 30 Cadmium as Cd (mg/1) 10 Chemical Oxygen Demand (COD) (mg/1) 100 Chromium as Cr (mg/1) Lessthan001 Lead as Pb (mg/1) Lessthan001 Oil and grease (mg/ml) 0.05 pH (pH scale) 5.0-9.0 Phenols total (mg/1) 0.05 Sulphide as S (mg/1) 2.0 Total Suspended Solids (mg/1) 30 Temperature (in degrees Celsius) based on ambient temperature ± 5 Cyanides as CN (mg/1) Less than 0.2 Nickel as Ni (mg/1) Less than 2.0 Detergents (ABS) (mg/1) Less than 5.0 Mercury as Hg (mg/1) Less than 0.01 Total Phosphorus as P (mg/1) 2 Total Nitrogen as N (mg/1) 10 Total pesticide residues (tig/1) 0.05 Remarks: The Authority may issue industry-specific Guidelines for waste disposal based on the water quality objectives, the Reserve water quality and dry weather stream flow for individual water courses or bodies. 1028 Kenya Subsidiary Legislation, 2021 PART 2: GUIDELINES FOR DISCHARGE OF WASTE ONTO LAND (WITH IMPACTS ON GROUNDWATER PARAMETER MAXIMUM pH 5.5 — 9.0 Boron (mg/I) 2.0 BOD (mg/1) 500 Chloride (mg/1) 600 Total Dissolved Solids (mg/1) 2100 Oil and grease (mg/1) 30 Sulphates (mg/1) 1000 Sodium (as percentage of total cation concentration 60 SEVENTH SCHEDULE (r. 102(2), 103(2)) CATCHMENT PROTECTION AND CONSERVATION AREAS 1. THE CRITERIA FOR REQUIRING A SOIL AND WATER CONSERVATION PLAN ARE: Item Criterion (a) Existing condition of the catchment area and the risk of riverbank erosion, sources of direct runoff into the water course and sediment sources within the catchment areas; (b) Slope of the land; (c) Land use and land management practices and the risk of soil erosion and destruction from excessive direct runoff; (d) Presence or otherwise of soil and water conservation structures; (e) Potential water resource pollution arising from the land use; (f) Any other criteria that the Authority considers to be significant. 2. THE CRITERIA FOR IDENTIFYING A PROTECTED AREA OR GROUNDWATER CONSERVATION AREA ARE: Item Criterion (a) Catchment characteristics; (b) The vulnerability of the water resource; (c) The water resource quality objectives and the current status of the water resource; (d) The class of the water resource; (e) Water demands, present and projected, on the water resources; (f) Land uses and their potential impact on the water resources; (g) Any other criterion that the Authority considers relevant; 3. CONTENTS OF MANAGEMENT REGULATIONS OR PLANS RELATED TO A PROTECTED AREA OR GROUNDWATER CONSERVATION AREA MAY INCLUDE: Item Contents (a) Procedures to be applied for the management of the protected area or groundwater conservation area; (b) Prohibited activities; (c) Any measures required to be undertaken for water resource conservation and protection; (d) The timeframe for implementation of required measures; (e) Any other conditions that the Authority may consider relevant. Kenya Subsidiary Legislation, 2021 1029 EIGHTH SCHEDULE (r. 107(4)) VIOLATIONS OF THE RESERVE MEASURES THAT THE AUTHORITY MAY TAKE IN RELATION TO A REPORT ON VIOLATION OF THE RESERVE INCLUDE: Item Measures (a) Investigating the cause of the reserve violation; (b) Advise the Cabinet Secretary that an emergency situation exists and there serve is being violated by virtue of natural and or anthropogenic events; (c) Enforcing any conditions on any approvals, authorisations or permits that may rectify the situation; (d) Temporarily suspending or varying permits; (e) Hydrographic and abstraction surveys; (f) Establishing or revising a water allocation plan or a effluent discharge control plan; (g) Informing the public on the condition of the reserve and any actions that are needed to restore the reserve; (h) Any other measures considered appropriate by the Authority. NINTH SCHEDULE (r. 108, 120) QUALIFIED WATER SECTOR PROFESSIONALS AND QUALIFIEDCONTRACTORS CATEGORIES OF QUALIFIED WATER SECTOR PROFESSIONALS Panel I - Water Engineer A Water Supply Works (exceeding 1,000 m3/day) B Effluent Treatment Works (exceeding 1,000 m3/day) C Dams 1.Class SDI and SD2 Dams 2.Class SDI, SD2 and SD3 Dams D Irrigation Works (exceeding 7,500 m3/day) Panel II - Water Engineer A Water Supply Works (less than 1,000 m3/day) B Effluent Treatment Works (less than 1,000 m3/day) C Class SD1 Dams D Irrigation Works (less than 7,500 m3/day) Panel III A Hydrologists B Hydrogeologists C Hydrometeorologists D Chemists E Biologists F Ecologists G Geophysicists H Other relevant category recognised by the Technical Advisory Committee 1030 Kenya Subsidiary Legislation, 2021 CATEGORIES OF QUALIFIED CONTRACTORS Category I A Water Supply Works (exceeding 1,000 m3/day) B Effluent Treatment Works (exceeding 1,000 m3/day) C Dams for Class SD3 Dams D Irrigation Works (exceeding 7,500 m3/day) E Borehole Drilling (Eligible to drill boreholes); • Class 1: Able to drill less than depth of 150 metres • Class 2: Able to drill in excess of 150 metres Category 2 A Water Supply Works (less than 1,000 m3/day) B Effluent Treatment Works (less than 1,000 m3/day) C Dams for Class SD1 and SD2 Dams D Irrigation Works (less than 7,500 m3/day) E Borehole Servicing (Eligible to service or rehabilitate boreholes. DESIGN AND SUPERVISION OF DAM Class of Dam Category of Qualified Water Sector Professional SD1 Panel II C, Panel I C1 & Panel I C2 SD2 Panel I C1 & Panel I C2 SD3 Panel I C2 CATEGORY OF DAM CONTRACTOR Class of Dam Category of Dam Contractor SDI Cl, C2 SD2 C I , C2 SD3 C1 TENTH SCHEDULE (r. 132(1)) COMPLAINTS INFORMATION TO BE GIVEN BY COMPLAINANT UNDER THESE REGULATIONS Item Information (a) I ame of Complainant (b) ontact address, telephone number, email address (if any) of Complainant (c) I ature and location of the problem (d) ID ate that problem occurred (e) ame and, if available, the contact details of all parties to the dispute or omplaint (I) • ny other relevant details (g) ignature of the Complainant Kenya Subsidiary Legislation, 2021 1031 ELEVENTH SCHEDULE (r. 70) WATER QUALITY SAMPLING PROCEDURES PROCEDURES TO BE FOLLOWED WHERE WATER QUALITY SAMPLE IS TAKEN FOR PROSECUTION PURPOSES Item Procedure (a) The presence of the alleged polluter at the place and time of sampling; (b) Where the intended analysis is to determine compliance with physical and chemical parameters, then a sample shall be taken and divided into three portions, each contained in an appropriate capacity container and preserved according to standard practice; (c) Where the intended analysis is to determine compliance with microbiological parameters, then a sample shall he taken and divided into three portions, each contained in a sterile glass bottle; (d) All three portions will be sealed in the presence of the alleged polluter who is required to sign an acknowledgement that he has witnessed the sampling; (e) Oneportionwillbeprovidedtotheallegedpolluterwhomayobtainhisorherown independent analysis from a gazetted laboratory of his or her choice; (f) One portion shall be sent by the Authority to a gazetted laboratory for analysis; (g) One portion shall be retained by the Authority for future reference provided that the storage of the sample is safe enough and the period of storage does not result in the deterioration of the sample. TWELFTH SCHEDULE (r. 131(2)) EMERGENCY ORDERS Contents of an Emergency Order include; Item Contents (a) That an emergency exists (b) Start date of the Emergency Order; (c) The factors that have caused the emergency (d) What area or water resource(s) are affected; (e) What action or activities are restricted or prohibited (f) What action or activities will be undertaken; (g) Conditions that need to be fulfilled for the Emergency Order to be lifted. THIRTEENTH SCHEDULE (r. 10(2), 10(4), 11(2), 13(1)(b), 14(1)(a), 17(3), 23(1), 25(1)(b), 26(1), 27(1), 27(5), 33, 34(1), 36(1)(a), 39(3), 49(3), 51(1), 55(1), 87(2), 97(1), 97(4), 112, 114(1), 116(1), 122(1), 127(1), 130(2)) FORMS AND REGISTERS Form Number Description Relevant Regulation(s) WRA 001A OR Application for Water Permit 13,14,49,51 WRA 001B Application for Surface Water — Abstraction, Diversion, In-stream and Conveyance Works WRA 001C Application for Storage Dams Cf." 1032 Kenya Subsidiary Legislation, 2021 WRA 001 D Application for Groundwater -- Wells/Boreholes WRA 001E Application for Effluent Discharge WRA 001F Application for Swamp Drainage WRA 001G Effluent Discharge Permit 61 WRA 002 Application for Easement 10 WRA 003 Comments by WRUA on Application for Water Permit 17(3) WRA 004 Authorisation to Construct Works for the Use of Water 23(1) WRA 005 Application for Extension of Time of Authorisation 25(1)(b) WRA 006 Extension of Time Limit for an Authorisation 25(2) WRA 007 Completion Certificate 27(1) WRA 008 Inspection Report 27(3) WRA 009 Borehole Completion Record 56 WRA 010 Well Completion Record 56 WRA 011 Water Permit 27(5) WRA 012 Application for Renewal of a Water Permit 36(1)(a) WRA 013 Application for Variation of Water Permit 34(1) WRA 014 Application for Transfer of Water Permit 33 WRA 015 Assessment of Water Use and Charges 10(4) WRA 016 WRA Order WRA 017 Application for Authority to Enter Land WRA 018 Application for Registration by WRUA 97 WRA 019 Certificate of Registration of WRUA 97(4) WRA 020 Application for Search of Water Permit 39(3) WRA 021 Supplement to Authorisation/Supplementary Permit 11(2) WRP 001 Application for registration as Qualified Water Sector Professional 112 WRP 002 License for Qualified Water Sector Professional 114(1) WRC 001 Application for registration as for Qualified Contractor 122(1) WRC 002 License for Qualified Contractor 123(2) OFFICIAL REGISTERS Register number Official registers Relevant Regulation(s) R 001 Register of WRUAs 116 R 002 Register of Water Bodies 83 R 003 Register of Authorisations and Permits 26 R 004 Register of Approved Water Users, Uses and Permits 37 R 005 Register of Qualified Water Sector Professionals 116 R 006 Register of Qualified Contractors 127 Kenya Subsidiary Legislation, 2021 1033 Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 001A Water Resmirces Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: APPLICATION FOR WATER PERMIT (To be submitted in triplicate) (Rule 15,16,51,52) Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstracti on In stream Storage Shallow Borehole Works well Tick Box Attach 1B 1B 1B 1C 1D 1D lE 1F Form PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 5. L.R Number(s) 10. Box Number 6. Village(s)/Ward(s) 11.Town 7. Sub-location(s) 12. Post Code 8. Location(s) 13. Telephone Contact (Landline) 9. Division(s) 14. Telephone Contact (Mobile) 10. District(s) 15. Email Contact WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 1034 Kenya Subsidiary Legislation, 2021 17. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 18. Sub-catchment Number 19. Class of Water Resource 20. Name of Body of Water or Aquifer where effluent is to be discharged 21. Sub-catchment Number (Effluent) 22. Class of Water Resource (Effluent) 23. Category of Application (Class of Permit) MIXING WATERS 24. State the authorization(s) and permits already issued in respect of the water use on the land described in No. 4. (If NIL, state "Nil", if YES, list authorisation or permit numbers). Note: Shaded Areas to be filled in by WRA Officials 't"-LI:EVY Water Resources Authority The Chief Executive Officer, Form: WRA 001A Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: LAND 25. Does applicant own all the land related to the permit application? Yes/No 26. If No, have easement(s) been attached (Yes = 1, No = 0) 27. Does application involve land located within or adjacent to a riparian, protected or groundwater conservation area? Yes/No 28. Is proposed activity permitted within the riparian area, protected or groundwater conservation area? Yes/No OWNERSHIP OF WORKS 29. Will the applicant own all the works related to the permit application? 30. If No, have agreement(s) been obtained from owner(s) of all works and these agreements are adequate and are attached (Yes/No) SUPPLEMENT TO PERMIT/AUTHORISATION 31. Is application made under Section 21 of WRA Rules? Yes/No 32. Provide Permit Number for Main Permit 33. Brief Description of Project and Intended Use for Water Kenya Subsidiary Legislation, 2021 1035 Type of Water Use Groundwa ter Surface Water (m3/day) (m3/day) River - River Flood River Regulated Lake Normal Condition Condition Flows 34. Public 35. Domestic 36. Livestock 37. Subsistence Irrigation 38. Commercial Irrigation 39. Industry/Commercial 40. Hydropower 41. Others 42. Sub-total 43. Quantity Returned 44. Water Used (row 41 row 42) 45. Effluent Discharge PERIOD OF CONSTRUCTION 46. State the estimated period of construction of the works (months) 47. State the period for which the permit is required (year — maximum 5 years) 1 1036 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001A Catchment: WRA ID: File: DESCRIPTION OF WATER USE DOMESTIC Population to be served (number of people) Basic Human Needs (m /day Domestic Water Demand (m /day) LIVESTOCK Type of Livestock Number of Animals Number of Grade Cattle Number of Local Cattle or donkeys Number of goats & sheep Number of camels Other PUBLIC PURPOSE Supply Area (km2) Population to be served SUBSISTENCE IRRIGATION —Water for Household Food Security Number of connections Area per connection (ha) Total Irrigated Area (ha) Expected Rate of Water Use m3/ha/day Total Expected Water Requirements (m3/day) COMMERCIAL IRRIGATION Type of Crop (hectares) Type of Production Type of Irrigation Expected Rate of Water Total Expected Water System (Outdoor, Technology (overhead, Use m3/ha/day Requirements (m3/day) GH, hydroponics) micro-sprinkler, drip) TOTAL Kenya Subsidiary Legislation, 2021 1037 INDUSTRIAL Number of Persons Employed Type of Industry (tick whichever is appropriate) Food Processing Pulping (Coffee, sisal, sugar,) Horticultural Packaging Te a Chemical Manufacturing Bottling Tanning Others (state type) Water Requirements Water required for Plant/Processing (m3/day) Water required for Sanitation Facilities (m3/day) Water required for other purposes (m3/day) Total Water Requirements (m3/day) POWER Maximum static head (m) Expected Power Generated (KVa-hr) at Maximum Static Head OTHER USES Fishponds (volume — m3) Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI FEES SUBMITTED Form: WRA 001A Catchment: WRA ID: File: Category A, B, C or D Application Fees for Examination of Application AMOUNT PAID Receipt Number ATTACHEMENTS Attached (Yes/No) Comments/Remarks Form 1B Form 1C Form 1D Form 1E 1038 Kenya Subsidiary Legislation, 2021 Form 1F Copy of Identification Documents Copy of Land Documents Copy of Agreements on Land Use Copy of Agreements on Use of Water Works Relevant Maps Copy of EIA License Site Assessment Report Technical Reports Hydrological Assessment Report Hydrogeological Survey Report Technical Design Report Dam Design Report Effluent Discharge Control Plan Soil and Water Conservation Plan Copy of Receipt for Payment WRUA Comment Form I agree to supply any further information which may be required by the Water Resources uthority. ignature Signature of Applicant or duly Authorised Agent: Name: Date of Application: SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION Signature of WRA Official Name Position Date Application Received Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Catchment: WRA ID: Form: WRA 001A File: OFFICIAL SECTION (To be filled in by WRA of icials) Tick Date Officer Submission WRUA advice received Recommended Kenya Subsidiary Legislation, 2021 1039 Tick Date Officer Rejected Conditional Recommendation BWRC advice received Recommended Rejected Conditional Recommendation WRA National Office (Category D) Recommended Rejected Conditional Recommendation WRA Regional Office Recommended Rejected Authorisation Issue of Authorisation Validity Period (months) Expiry Extension of Validity Period (months) Revised Expiry Date Inspection of Final Completion Date of Issue of Permit Date of Expiry of Permit Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001B Catchment: WRA ID: File: SURFACE WATER - ABSTRACTION, DIVERSION, IN-STREAM AND CONVEYANCE WORKS GRID REFERENCE FOR WORKS (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing 1040 Kenya Subsidiary Legislation, 2021 Altitude (m above sea level) Map Sheet DETAILS OF SITE DATUM Grid Reference for Datum (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Description of Datum WEIR (1) OR COLLECTION CHAMBER (2) Dimensions Width/diameter (m) Length (m) Height (m) Materials Compensation Flow Capacity (m3/day) PUMP Type of Pump Type of driving machine Power source of driving machine (diesel, electric, wind, water) Maximum Power rating (KVa) Expected operating head (m) Delivery Rate at expected operating head (m3/hr) Expected operating hours (hrs) CANAL Length (m) Top width (m) Bottom width Lined or unlined Lining materi Gradient (m/100m or %) Maximum velocity (m/s) Maximum Capacity (m3/day) PIPELINE Internal diameter of delivery pipe Material Length (m) Maximum Capacity (m3/day) Any other relevant details Kenya Subsidiary Legislation, 2021 1041 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001C Catchment: WRA ID: File: STORAGE DAMS Name of dam Class of Dam (A, B or C) Grid Reference for Dam (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet DETAILS OF SITE DATUM Grid Reference for Datum (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Description of Datum SPILLWAY Catchment Area (km2) Design Flood (m3/s) Return Period for Spillway Design (1 in ... years) Material of outflow channel Dimensions at control Width (m) Length (m) Height (m) EMBANKMENT Material (earth, concrete, masonry, others) Dimensions Width at Crest (m) Length at Crest (m) Upstream slope (1 to ...) Downstream slope (1 to ...) Maximum Depth of Water (Measured from bed to normal water level) (m) Maximum Height of Embankment (m) Gross Freeboard (m) 1042 Kenya Subsidiary Legislation, 2021 Net Freeboard (m) IMPOUNDMENT Estimated Area at Normal Water Level (m2) Estimated Impounded Volume (m3) OTHER DETAILS Maximum Drawoff Capacity (m3/day) Maximum Compensation Flow capacity (m3/day) Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001D Catchment: WRA ID: File: GROUNDWATER - WELLS/BOREHOLES Grid Reference for Abstraction Point (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Is the well or borehole within a distance of 100m of a body of surface water? List all Wells/Boreholes within 1000 m of proposed site L.R. Number Distance (m) Expected Yield (m3/hr) Intended Depth of excavation or drilling (m) Intended Diameter of excavation or drilling (mm) Expected Type of drawoff works (tick as appropriate) Handpump - Type Windpump - Type Electric pump Direct drive Windlass Kenya Subsidiary Legislation, 2021 1043 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001E Catchment: WRA ID: File: EFFLUENT DISCHARGE Grid Reference for Effluent Discharge Point (UTM , based on ARC1960 Datum, Zone 36/37) Ea sting Northing Altitude (m above sea level) Map Sheet Source of water supply Source of Effluent (domestic, institutions, industrial, agricultural, urban) Mode of discharge (pipe, canal, ..) Maximum Daily Effluent discharge (m3/day) Details of Treatment System Chemical Settling Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, biological, Physical) EFFLUENT QUALITY Parameter Units Value BOD (5 days at 20C mg/ COD mg/1 Total Dissolved Solids mg/1 pH pH scale 1044 Kenya Subsidiary Legislation, 2021 Temperature °C Total Coliforms Turbidity or colour Ammonia -NH3 mg/I Ammonium—NH4 mg/I Nitrite — NO2 mg/I Nitrate-NO3 mg/1 Total Phosphorous mg/I Total Nitrogen mg/I Total suspended solids mg/I Metals mg/I Non metal toxics (sulphides, cyanides, fluorides) mg/I Pesticide residues j ig/I Phenols mg/I Oils and grease mg/I Others Water Resources Authority Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 00IF Catchment: WRA ID: File: SWAMP DRAINAGE Name of swamp Size of swamp to be drained (ha) Purpose of swamp drainage (agricultural, residential, recreational, public health, industrial, abstraction) Means of swamp drainage (tick as appropriate) Channelling or canalisation of flows Diversion of inflow Expected % of inflow waters to be diverted Construction of drainage canals or drainage pipes Expected reduction in water level in swamp (m) Note: Form WRA 001B is required to be filled if swamp drainage is planned in conjunction with water abstraction or diversion Kenya Subsidiary Legislation, 2021 1045 Water Resources Authority The Chief Executive Officer, Form: WRA 001G Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: EFFLUENT DISCHARGE PERMIT PERMIT CLASS FACILITY AND EFFLUENT DISCHARGE DESCRIPTION Name and Location of Facility Activity of Facility WRA's Facility Classification (FC lor FC2,,,,) Effluent Discharge Receiving Water Resource (River, Lake, Dam, etc) Effluent Discharge Receiving Water Resource's Quantity Threshold-WRA Effluent Discharge Receiving Water Resource's Quantity Threshold-WRA WRA's Effluent Discharge Points (EDPs) Grid Reference for Effluent Discharge Point Easting Northing Altitude (m above sea level) Map Sheet Mode of discharge (pipe, canal,) Daily Effluent discharge (m3/day) Basis :description of how the average waste water flow has been determined Hours of discharge: Number of days per week & hours per day's List of process raw materials utilised and wastes generated on site Details of Treatment System Chemical Settling 1046 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 00IG Catchment: User ID: File: Name and Location of Facility Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, Biological, Physical) A list of the potential impacts on the environment and the proposed mitigation Methods to be used Details of any emergency / spillage control arrangements State if there any seasonal, or other variations (including any arising from plant malfunction) in volumes of effluent to be discharged Attach a sketch plan showing fencing and drainage, storage area for liquid, sludge, solid waste awaiting treatment and residue awaiting removal for disposal elsewhere EFFLUENT DISCHARGE QUALITY Compulsory Parameter Units Value BOD (5 days at 20°C mg/I COD mg/I Electrical Conductivity (EC) 11S/cm Total Dissolved Solids (TDS) mg/1 pH pH scale Temperature C Feacal coliforms Counts/100m1 Total Coliforms Counts/100m1 Flow rate m 3 /day Colour Hazen Units Total Suspended Solids (TSS) mg/1 Chemical Parameters Kenya Subsidiary Legislation, 2021 , 1047 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 001G Catchment: User ID: File: Compulsory Parameter Units Value Sulphate (SO4) mg/1 Sulphides, (S2-) mg/1 Phenols mg/I Fluorides (F) mg/1 Chlorides (Cl) mg/1 Free CO2 mg/I Ammonium—NH4 mg/1 Nitrite — NO2 mg/I Nitrate-NO3 mg/1 Total Phosphorous (P) mg/1 Total Nitrogen (N) mg/1 Potassium (K) mg/1 PCBs mg/1 Total Petroleum Hydrocarbons mg/1 (TPH) Oils and grease mg/1 Surfactants mg/1 Heavy Metals mg/1 (Cd, Cu, Pb, Zn, Al, Se, As, Sn, Mn, Co, Fe, ) Pesticide residues µg/1 WRA's Accruing Quality Points (AQPs) EFFLUENT DISCHARGE CLASSIFICATION AND CHARGES WRA's Pollution Loading Points (EDP x AQP=PLP) WRA's Class of Permit Effluent Discharge Charge (cents/m3) 1048 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Catchment: WRA ID: File: Form: WRA 002 APPLICATION FOR EASEMENT (To be submitted in triplicate) (Rule 12) PARTICULARS OF APPLICANT DETAILS 11. Full name of applicant(s) (In Block Letters) 12. Category of Applicant - Individual, Group [Association, Society], Company, Institution 13. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 14. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 15. L/R Number(s) 10. Box Number 16. Village(s)/Ward(s) 11. Town 17. Sub-location(s) 12. Post Code 18. Location(s) 13. Telephone Contact (Landline) 19. Division(s) 14. Telephone Contact (Mobile) 20. District(s) 15. Email Contact In respect of an easement of aqueduct in connection with the passage of water from the [Description and name of body of water] across the property [Description of property] and in respect of an easement of work in connection with the water from the [Body of water] at the point shown on the plan attached hereto and in respect of an easement of storage in connection with water from the [body of water] Kenya Subsidiary Legislation, 2021 1049 1. The applicant named above is the landholder [or agent lawfully authorized by the landholder] of the property [Description of property and L.R. (No. s) of farms (if any) and / or mining locations or leases] 2. The applicant bases his claim for the easement on the following grounds 3. The accompanying plan[s] marked Show the general arrangement, the nature and locality of the proposed works and the land or lands on which [an] easement[s] is [are] now required and the area[s] within the lines shown in red on the said plan is [are] the maximum area[s] over which the easement[s] now applied for is [are] required. Here give the number of any authorization, or permit which applicant holds and all other information on which the claim is based. Show that the claim is made in good faith and that, without the easements, the utilization of water would not be economically feasible. Water Resources Authority The Chief Executive Officer, Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: 4. (a) The following is a description of the work[s] in respect of which [an] easement[s] is [are] now required (b) The maximum quantity of water to be conveyed or dealt with by the aqueduct is cubic meters per day. (c) The position of the dam and the storage reservoir are shown on the plan marked and the blue line thereon shows the approximate area which will be submerged at high flood level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. (d) The easement of aqueduct is required for a period of 5. (a) The following is a description of the work[s] in respect of which [an] easement[s] of work is [are] required Form: WRA 002 1050 Kenya Subsidiary Legislation, 2021 (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: T he easement of work is required for a period of 6. (a) The following is a description of the work[s] in respect of which [an] easement [s] of storage is [are] 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 that will be submerged at high flood level of the reservoir, and the red line shown on the said plan shows the limit of area over which easement is claimed. 1 Here give brief description, with dimensions, of the proposed aqueduct and state the area of the land over which the easement is claimed. 2 Here give brief description, with dimensions, of the proposed weir or other work and state the area of land over which the easement is claimed. 3 Here give brief description, with dimensions, of proposed storage works and state the area of land over which the easement is claimed. Water Resources Authority The Chief Executive Officer, Form: WRA 002 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: (c) The quantity and nature of materials required from the land for the purpose of constructing the proposed works referred to in paragraph (a) above are as follows: (d) The easement of storage is required for a period of 7. On the schedule attached to this form is set forth the names of the landholders, mortgages and lessees of the property over which the easement is claimed. 8. In accordance with Section 28 of the Act , notice with full particulars of the proposed works was given not less than two months before the date of this application given to all the landholders, mortgages and lessees named in the said schedule with the result shown in the attached Schedule: Kenya Subsidiary Legislation, 2021 1051 9. I have served a copy of this claim on all the landholders, mortgages and lessees mentioned in the attached Schedule. I enclose herewith Bankers Cheque No of Ksh cents for an examination of this application. I understand that the fee does not cover the preparation of the necessary deed in the event of my application being successful. Signature. Water Resources Authority The Chief Executive Officer, Form: WRA 002 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: AFFIDAVIT I of do solemnly and sincerely declare as follows: I have read the foregoing and the particulars and things set out therein are true and accurate. I make this declaration conscientiously believing the same to be true, and according to the oaths and Statutory Declarations Act. Sworn at This day of 20 Before me, (Magistrate or Commissioner for Oaths.) Notes 1. The applicant shall fill in the blank spaces in this form with the required information, and, where alternative expressions are given, he shall strike out those, which do not apply. 2. The area of land over which the easement is claimed must include the area of land, if any, occupied by the works, flooded as a result of the works, required for purposes of inspection and maintenance of the works, required for the excavation or collection of material for the works, required for the deposit of spoil or material derived from the works or required for a road or roads to obtain access to the works. 3. The plans submitted must show clearly any works, irrigated and / or cultivated areas, roads, buildings and / or any other features which will be affected if the easement applied for is granted, and the area of swamp or land to be reclaimed. 1052 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 001 00 NAIROBI Catchment: WRA ID: File: Form: WRA 002 SCHEDULE OF LANDHOLDERS, MORTGAGEES AND LESSEES Attached to the application of For easement of dated 20 (Use additional sheets if re u red) Reference Number of Property (consecutiv ely on plan) L.R. No. of propert y or No. of mining location or propert Y Name of person on whom notice has been served State whether landholde r, mortgage e or sub lessee Postal address of landholde r, mortgage e or sub lessee Area of easemen t required (area in acres) Amount of compensati on tendered to landholder, mortgagee or sub-lessee Purpose for which easeme nt is required Does the person agree to the claim for easement(Yes/ No) Signature of landholde r, mortgage e or sub lessee Date of signatur e Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 003 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: COMMENTS BY WRUA ONAPPLICATION FOR WATER PERMIT (To be submitted in triplicate) (Rule 19) NAME OF WRUA PARTICULARS OF PERMIT APPLICANT 1. Full name of applicant(s) 2. WRA ID Number of Kenya Subsidiary Legislation, 2021 1053 (In Block Letters) Applicant 3. Box Number 4. Town 5. Telephone Contact (Landline) 6. Telephone Contact (Mobile) 7. Email Contact WATER RESOURCE DETAILS Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored Type of Surface Water Groundwater Effluent Swamp Water Discharge Drainage Use Diversion Abstractio n In- Storage Shallow Borehole stream well Works Tick Box S/No. WRUA COMMENTS ANSWER / COMMENTS 1. Application was discussed by WRUA on (date) 2. Is proposed application for water use likely to severely impact dry season flows? 3. Is proposed application for water use likely to severely impact water quality? 4. Is proposed application for water use likely to put public at risk? 5. Is proposed application likely to increase the risk of water use conflicts? 6. Is proposed application for water use considered beneficial to the public? 7. Is there an alternative water source for the applicant that should be considered? (provide details) 8. WRUA Conclusion (Objection, No objection, or Conditional No OBJECTION, OR UNABLE TO MAKE A CONCLUSION DUE TO LACK OF INFORMATION) 9. Reasons for Objection or Conditions for No Objection: 1. 2. 3. SIGNATURE BY TWO WRUA OFFICIALS Name of WRUA Official Position Signature of WRUA Official Date of Signature 1054 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 004 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: AUTHORISATION TO CONSTRUCT WORKS FOR THE USE OF WATER Dear Sir/Madam; I have the honour to inform you that the Water Resources Authority has given you approval to construct the proposed works based on your application dated / / for a Water Permit. Authorization No. WRA Dated Type of Water Use Surface Water Groundwater Effluent Swamp 1 Discharge Drainage Diversion Abstracti on In stream Storag e Shallow Borehole Works well Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate Grou of Incorporation or Registration for DS or Companies 5. PIN Number (where available) Phys'cal Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. ox umber 8. Village(s)/Ward(s) 9. own 10. Sub-location(s) 11. ost Code 12. Location(s) 13. elephone Contact Landline) Kenya Subsidiary Legislation, 2021 1055 `Telephone Contact 14. Division(s) 15. (Mobile) Email 16. District(s) 17. Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 20. Sub-catchment Number 21.Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Category of Application (Class of Permit) SUPPLEMENT TO PERMIT/AUTHORISATION Are there any supplements approved under Section 21 of WRA Rules (yes/no) Supplement No. Water Resources Authority The Chief Executive Officer, Form: WRA 004 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: 28. Brief Description of Project and Intended Use for Water Type of Water Use Ground water (m3/day) River — Normal Condition Surface Water (m3/day River - Flood Condition Lake ) 1056 Kenya Subsidiary Legislation, 2021 29. Public 30. Domestic 31. Livestock 32. Subsistence Irrigation 33. Commercial Irrigation 34. Industry/Commercial 35. Hydropower 36. Others 37. Sub-total 38. Quantity Returned 39. Water Abstracted (row 34-row 35) 40. Effluent Discharge Having filed the necessary application, maps and plans, and having complied with the provisions of the Water Act 2016, and the Rules there under relating to the applications for Water Permits *is/are hereby authorized to construct, subject to the acquisition of the necessary rights of way or easements therefore, if any, the works shown by the said applications, maps and plans in accordance with provisions of the Water Act 2016, the Rules there under, and the following conditions: 1. The construction of the works hereby authorized shall commence within a period of... ... ... ...days/months/years and shall be completed within a period . months/ years from the date of this authorization. 2. (a)Any person who erects or constructs temporary works shall be entitled to divert, abstract, impound, obstruct, store or use water to such extent only as may be necessary for the construction or erection of the works, and whenever it shall be necessary to divert, abstract or impound water during the erection or construction of the works authorized, such diversion, abstraction, obstruction, impounding, or use of water shall be made at such time and in such manner that the works of other operators are interfered with as little as possible and that no damage will be caused to property of another landholder. Provided that if any damage is caused it shall, failing agreement between the parties concerned, be settled by arbitration under the Arbitration Act. (b)Unless empowered thereto by the Water Resources Authority in writing, all temporary works shall be removed within a period of three months from the date of completion of the works authorized or from the date of determination of the authorization (whichever be the earlier) and where any temporary works exist, such as quarries, burrow-pits, excavations, cuttings, tunnels or things of a like nature which cannot be economically removed, efficient precautions to the satisfaction of the Water Resources Management Authority shall be taken, by the person named in the authorization, to render and to maintain all such temporary works safe in the interest of life and property. The Water Resources Authority reserves the right to inspect the works authorized by this authorization, and attention is drawn to section 90 of the Act. 3. Any changes between the original proposed design and final as-constructed arrangement has been documented and such documentation submitted to the Authority. *Delete words not required Kenya Subsidiary Legislation, 2021 1057 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Catchment: WRA ID: File: Form: WRA 004 3.CONDITIONS OF AUTHORISATION DETAILS Measuring device Controlling device Water Quality Report Evidence of EMCA Compliance Soil and Water Conservation Plan Compensation Flow (m3/day) Inspection Milestones 1 2 3 4 Notification Requirements 1 2 3 4 Storage Airline Test pumping Other Technical Details 1. 2. 3. Effluent Discharge Requirements 4. This Authorization will be automatically cancelled, when the authorized period expires, without any further reference to you unless extension of time limit is applied for prior to date of expiry. 5. The following details/documents/fees are required to complete your application before a Permit may be issued: (a) Form WRA 008 must be returned dully signed when works have been installed. (b) (c) Signature 1058 Kenya Subsidiary Legislation, 2021 Yours faithfully, Signature of WRA Officer Name of Officer Position Date of Signature Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 005 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Fasting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: APPLICATION FOR EXTENSION OF TIME FOR AUTHORISATION TO CONSTRUCT WORKS (To be submitted in triplicate) I,(name).............................................................,being the holder of Authorisation do hereby apply . for an extension of time in order to complete the proposed works. I confirm that all other particulars of the Authorisation remain the same. The need to extend the period of time has been caused by (state cause) ........................................................................................................................ Type of Surface Water Groundwater Effluent Swamp Water Use Diversion Abstraction In-stream Works Storage Shallow well Borehole Discharge Drainage Tick Box Particulars Of Permit Applicant Details 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number Kenya Subsidiary Legislation, 2021 1059 8. Village(s)/Ward(s) 9. Town 10. Sub-location(s) 11. Post Code 12. Location(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 2,-, Class of Water Resource (Effluent) 25. Status of Water Resource (Effluent) 26. Category of Application (Class of Permit) Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI FEES SUBMITTED Form: WRA 005 Catchment: WRA ID: File: Category A, B, C or D Class Application Amount (KSh.) Application Fees for Extension of Time of Authorisation Receipt Number Time Period for Construction Initial Authorisation Issued on (date) Authorisation Expiry Date Proposed Revised Authorisation Expiry Date Number of Times that Period of Authorisation has been revised Signature Signature of Applicant or duly Authorised Agent Name Date of Application 1060 Kenya Subsidiary Legislation, 2021 SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION FOR EXTENSION OF TIME OF AUTHORISATION Signature of WRA Official Name Position Date Application for Renewal Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Time Extension Accepted Rejected Conditional Acceptance Authorisation Valid until (date) Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 006 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: EXTENSION OF TIME LIMIT FOR AN AUTHORISATION The period within which the works authorized by Authorization No P dated , issued to Shall be completed is hereby extended, subject to the conditions endorsed on the above mentioned authorization and to the under mentioned conditions, to the (date) Type of Water Use Sur ace Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstracti on In stream Works Storage Shallow well Borehole Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4• ID Number of Applicant (Individual) or Kenya Subsidiary Legislation, 2021 1061 Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-location(s) 11. Post Code 12. Location(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (Yes/No) 20. Sub-catchment Number 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) This Extension of Time Limit is issued subject to the special conditions shown below: 1 2. 3 Signature Yours faithfully, Signature of WRA Officer Name of Officer Position of Officer Date of Signature 1062 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 007 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: COMPLETION CERTIFICATE (To be submitted in triplicate) I, (Name) ......... ......... ............,being the holder of Authorisation to Construct Works No. , do hereby state that the proposed Works have been constructed in accordance with the conditions contained in the Authorisation. Any changes between the original proposed design and final as constructed arrangement has been documented and such documentation submitted to the Authority. Type of Water Use Surface Water Groundwater Effluent Swamp Diversion Abstractio n In-stream Works Storage Shallow well Borehole Discharge Drainage Tick Box PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used (see Contact Address of Applicant sketch) 5. L/R Number(s) 6. Box Number 7. Village(s)/Ward(s) 8. Town 9. Sub-location(s) 10. Post Code 11. Location(s) 12. Telephone Contact (Landline) 13. Division(s) 14. Telephone Contact (Mobile) 15. District(s) 16. Email Contact Kenya Subsidiary Legislation, 2021 1063 WATER RESOURCE DETAILS 17. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 18. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 19. Sub-catchment Number 20. Class of Water Resource 21. Name of Body of Water or Aquifer where effluent is to be discharged 22. Sub-catchment Number (Effluent) 23. Class of Water Resource (Effluent) 24. Category of Application (Class of Permit) Water Resources Authority The Chief Executive Officer, Form: WRA 007: Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID NAIROBI File: UANTITY WATER REQUIRED 25. Brief Description of Project and Intended Use for Water Type of Water Use Groundwat er Surface Water (m3/day) (m3/day) River - River Flood Lake Normal Condition Condition 26. Public 27. Domestic 28. Livestock 29. Subsistence Irrigation 30. Commercial Irrigation 31. Industry/Commercial 32. Hydropower 33. Others 34. Sub-total 35. Quantity Returned 36. Water Abstracted (row 33-row 34) 37. Effluent Discharge 1064 Kenya Subsidiary Legislation, 2021 SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING COMPLETION CERTIFICATE Signature of WRA Official Name Position Date Application Received Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 008 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Fasting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: INSPECTION REPORT Type of Water Use Surface Water Groundwater Effluent Discharge Swamp Drainage Diversion Abstraction In- Storage Shallow Borehole stream Works well Tick Box PARTICULARS OF OWNER OF WORKS OR LAND INSPECTED DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address Owner of Works or Land Inspected 6. L/R Number(s) 7. Box Number 8. Village(s)/W 9. Town Kenya Subsidiary Legislation, 2021 1065 ard(s) 10. Sub location(s) 11. Post Code 12. Location(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (Yes/No) 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Category of Application (Class of Permit) Water Resources Authority The Chief Executive Officer, Form: WRA 008 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: UANTITY WATER AUTHORISED/PERMITTED 26. Description of Project and Intended Use for Water Type of Water Use Groundwater Surface Water (m3/day) (m3/day) River Normal Condition River Flood Condition Lake 27. Public 28. Domestic 29. Livestock 30. Minor Irrigation 31. General Irrigation 32. Industry/Commercial 1066 Kenya Subsidiary Legislation, 2021 33. Power 34. Others 35. Sub-total 36. Quantity Returned 37.42 Water Abstracted (row row 44) 38. Effluent Discharge Remarks regarding status, condition, compliance of works with authorisation or permit conditions Recommended Action to be taken by Owner of Works Recommended Action to be taken by WRA SIGNATURE OF WRA OFFICIAL Signature of WRA Official Name Position Date Inspection Undertaken . • Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 009 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: BOREHOLE COMPLETION RECORD (To be submitted in triplicate) Borehole No Borehole Name Formation PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate Kenya Subsidiary Legislation, 2021 1067 of Incorporation or Registration for Groups or Companies Physical Address where water is to be used (see Contact Address of Applicant sketch) 4. L/R Number(s) 5. Box Number 6. Village(s)/Wa rd(s) 7. Town 8. Sub location(s) 9. Post Code 10. Location(s) 11. Telephone Contact (Landline) 12. Division(s) 13. Telephone Contact (Mobile) 14. District(s) 15. Email Contact PARTICULARS OF CONTRACTOR 16. Box Number 22. License Number 17. Town 23. Gazetted On 18. Post Code 24. Drilling Supervisor 19. Telephone Contact 25. Type and Make of Drill Rig (Landline) 20. Telephone Contact (Mobile) 21. Email Contact INTENDED USE OF WATER Public W.S.; Irrigation.; Industries.; Domestic.; Stock, other PARTICULARS OF BOREHOLE Type of Borehole: - Drilled; Driven; Bored; Jetted; Other Borehole Construction (also see sketch page 3) Drilling started rilling All work completed (date) ompleted (date) date) Total Depth: easured m) Final (back filled) Reported (m) Depth (m) 1068 Kenya Subsidiary Legislation, 2021 Hole Diameter From (m) To (m) (mm) Hole Diameter From (m) To (m) (mm) Hole Diameter From (m) To (m) (mm) Hole Diameter From (m) To (m) (mm) Water Resources Authority The Chief Executive Officer, I Form: WRA 009 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: Permanent Casing Plain Type Diam Length From (m) (mm) (m) To (t1 Type Diam Length From (m) (mm) (m) To (1 Type Diam Length From To (m) (mm) (4 (m) Slotted or Perforated: Size and Description of Openings Type Diam Length From (m) (mm) (m) To (1 Type Diam Length From (m) To (m (mm) (m) Kenya Subsidiary Legislation, 2021 1069 Screen: Type and Make Diameter Length (m) set from (m) To (m) (mm) Gravel Pack Size of grains Roundness (good, Volume inserted in (mm) fair, poor) annular Space (m3) From (m) To (m) Open Hole Diam (mm) From (m) To (m) Aquifer 1 5` Water Struck at (m) Water Rest Level (m) 2' Water Struck at (m) Water Rest Level (m) Main Aquifer Struck at (m) Water Rest Level (m) Water bearing From (m) To (m) material Other Aquifers, Remarks, etc (also see log on page3) Yield: SWL (m) PWL (m below Discharge (litres surface) per minute) After pumping (hours) Recovered to SWL in (minutes) Expected production discharge (litres per With pump set at (m below surface) hour) 1070 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Form: WRA 009 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: Pumping Test Record in Summary (Detailed test records on attached sheets): (all depth measurements to be in metres below ground surface) Test No. 1 Test No. 2 Date of Test (day, month, year) Depth of Borehole at time of test (m) Water Entry (perforations or screen setting at time of test) From (m) From (m) To (m) To (m) Static Water (SWL) before test (m) Type of Pump (Bailler) used Depth of Pump intake (m) Discharge (in litres per minute) Pumping Water Level (PWL m) After pumping continuously for (hours) Time of Recovery to Original SWL (minutes) Rate of Recovery-WL after 5 minutes (m) Rate of Recovery-WL after 20 minutes (m) Rate of Recovery-WL after 60 minutes (m) Rate of Recovery-WL after 180 minutes (m) (Additional pumping tests to be mentioned in REMARKS and included with file). Government representative witnessing the test Quality of Water Sample (Yes/No) Collected at On (date) (hour) Sediment Taste Odour Colour Temperature (Oc) Spec. Conductivity (mmho/cm- ) Remarks: (drilling difficulties, gravel-pack details all pertinent information about the drilling and completion of the hole) Kenya Subsidiary Legislation, 2021 1071 Drilling Supervisor Drilling Contractor Signature Signature Name Name Date Date Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 009 Catchment: WRA ID: File: Borehole No 1. Driller's Log. 12. Sketch of Borehole Construction: From To Drilling Description of Formation (m.) (m.) Rate Penetrated Casing Metres (m. /hr.) (m.) Ground Surface (Geologist's log on attached sheets). Total depth Remarks or additional information on Driller's log, or (Sketch to include: - depth and on sketch of Borehole: changes of hole diameter; casing positions, manner of casing (of different diam.) connections, and casing connection to screen; depths of screens or slotted casing lengths; how casing is closed at bottom; formation caving zones; and any other pertinent information). 1072 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Form: WRA 009 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: 13. Location Sketch: (To be sketched by the driller on the site, showing roads, tracks and prominent land marks, with road distances t nearest town or trading centre and to water source). N A W E Kenya Subsidiary Legislation, 2021 1073 FOR OFFICIAL USE ONLY Entered on Schedule (Yes/No) Water Sample Received (Yes/No) Drilling Samples Received (Yes/No) Chemical Analysis Received (Yes/No) Drilling Samples Filed .(Yes/No) Geologist's Log Available (Yes/No) Location Plotted on Maps (Yes/No) Hydro geological Report No of (Date) Geophysical Curve No of (Date) Borehole Data entered and checked by (Name) .Signature Permit details: Permit Number Authorised abstraction m3/d Authorised water use(s) Pump intake depth m bgl Maximum authorised abstraction rate m3/hr All Borehole Completion Records duly completed should be sent to the appropriate WRA Regional Office. Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 010 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: WELL COMPLETION RECORD (To be submitted in triplicate) (Rule 76,77) Well Authorisation No Well Name Geological formation PARTICULARS OF APPLICANT DETAILS 21. Full name of applicant(s) (In Block Letters) 22. Category of Applicant — Individual, Group [Association, Society], Company, Institution 23. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 1074 Kenya Subsidiary Legislation, 2021 Physical Address where water is to be used (see sketch) Contact Address of Applicant 24. L.R Number(s) 10. Box Number 25. Village(s)/Ward( s) 11.Town 26. Sub-location(s) 12. Post Code 27. Location(s) 13. Telephone Contact (Landline) 28. Division(s) 14. Telephone Contact (Mobile) 29. District(s) 15. Email Contact PARTICULARS OF CONTRACTOR (IF APPLICABLE) 16. Box Number 22. Email Contact 17. Town 23. License Number 18. Post Code 24. Gazetted On I 19. Telephone Contact 25. Dri ling Supervisor (Landline) 20. Telephone Contact (Mobile) INTENDED USE OF WATER Public; Irrigation; Industry; Domestic; Livestock; other PARTICULARS OF WELL Type of Well: Hand-dug; Machine-dug; Other Well Construction (also see Figure 1) Construction Construction All works comp eted started (date) completed (date) (date) Total Depth: Measured (m) Final (back-filled) Reported (m) Depth (m) Well Diameter From (m) To (m) (mm) Well Diameter From (m) To (m) (mm) Well Diameter From (m) fFo (m) (mm) Hole Diameter From (m) To (m) (mm) Kenya Subsidiary Legislation, 2021 l0"7` Water Resources Authority The Chief Executive Officer, Form: W /' i Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WR A ID: NAIROBI File: Permanent Lining where relevant (if well is not lined, state "unlined" in the box belo\ Plain Type Diam Length From (m) To (m) (mm) (m) . Type Diam Length (m) (ni; (mm) Type Diam Length From (m) To (m) (mm) (m) Screens or equivalent where relevant (if well is not lined, state "unlined ' in the box below) Size / Description of Openings Type Diam Length From (m) To (m) (mm) (m) Type Diam Length From (m) To (m) (mm) (m) Gravel Pack Size of grains Roundness (good, Volume inserted I (mm) fair, poor) into annular space (m3) From (m) To (m) Open Hole Diam (mm) From (m) To (m) Aquifer Water Struck at (m) Water Rest Level (m) Water bearing material From (m) To (m) Other Aquifers, Remarks, etc (also see log on page 4), technical information (specific capacity, transmissivity) etc... 1076 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Form: WRA 010 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: Pumping Test Record in Summary (detailed test records on attached sheets): (all depth measurements to be in metres below ground surface) 121fbrmation to ke provided Test No. I Test No. 2 Date of test (day, month, year) Depth of well at time of test Water Entry (aquifer zone) From: From: To: To: Static water level (SWL) before test Type of pump or bailer used Depth of pump intake Discharge (in m3/hr) Distance from well to point of discharge of water pumped Pumping water level (PWL) at end of test After pumping continuously for (hours) Time of recovery to start SWL (minutes) Rate of recovery — WL after 5 minutes Rate of recovery -- WL after 20 minutes Rate of recovery - WL after 60 minutes Rate of recovery - WL after 180 minutes Full test data and curves to he appended to this form (Additional pumping tests to be given in REMARKS below and included in the file). Authority representative witnessine the test Quality of Water Sample (Yes/No) Collected at (hour) On (date) Sediment Taste Odour Colour Temperature (°C) Electrical Conductivity jnS/cm) Kenya Subsidiary Legislation, 2021 1077 FULL CHEMICAL AND BACTERIOLOGICAL DATA TO BE APPENDED TO THIS FORM Remarks: (construction difficulties and any pertinent information about the construction and completion of the well) Drilling Supervisor ,Drilling Contractor Signature Signature Name Name Date Date Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 010 Catchment: WRA ID: File: Well Number Well Name Constructor's Log (hydrogeologist's log to be appended to this form if applicable). From To Description of Formation From To Description of Formation (m) (m) Penetrated (m) (m) Penetrated Remarks or additional information on Driller's log, or on sketch of well: 1J78 Kenya Subsidia ,y Legislation, 2021 Figure I Sketch of Well Construction: (Sketch to include: details of well headworks and sanitary protection; depths and changes of hole diameter; lining positions, type and diameter of lining and related information if applicable; location of aquifer (and screens if applicable); if casing closed at bottom, show how; formation caving zones; and any other pertinent information). IHeadworks: Sanitary seal details: Static water level (m LO): !Aquifer material: [ Final depth (m): 1.12-:14-N% Water Resources Authority d. Chief Executive Officer, Water Resources Authority, 1.0. Box 45250 -- 00100 NAIROBI Form: WRA 010 Catchment: WRA ID: File: :;ci•e .2 Location Sketch: (ro be sketched by the constructor or applicant on-site, latrines, septic tanks or sewerage network and distances; roads, tracks and lrominent land marks; road distances to nearest town or trading centre and to nearest A lternative water source). N W I E S Official Use Only: complete as applicable /ntered on Schedule (Yes/No) Geological samples received (Yes/No) Geological samples filed (Yes/No) I .ocation plotted on maps (Yes/No) Water sample received (Yes/No) Chemical analysis received (Yes/No) Geologist's Log available (Yes/No) HydrogLological report No of (Date) by (Name) Gee , physical Curve No of (Date) by (Name) Kenya Subsidiary Legislation, 2021 1079 Well data entered and checked by (Name) Signature Permit details Permit Number Authorised abstraction m3/d Authorised water use(s) Pump intake depth m bgl Maximum authorised abstraction rate M3/hr All Well Completion Records duly completed should be sent to the appropriate WRA Regional Office. Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 011 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: WATER PERMIT By virtue of the authority vested in us by the Water Act 2016, we, the Water Resources Authority, do hereby grant unto (name) hereinafter called the permit holder, or his/her/their executors, Administrators and assigns permission to use water in accordance with the details contained herein, subject to the provisions of the Water Act 2016, and the Rules thereunder, and the conditions following hereafter and endorsed hereon and attached hereto: Permit No. P Permit Expiry Date Type of Water Use Surface Water Groundwater Effluent Swamp Discharge Drainage Div ersi on Abstracti on In stream Stora . e Shallow Borehole Works well Tick Box PARTICULARS OF PERMIT HOLDER D ETA ILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate 1080 Kenya Subsidiary Legislation, 2021 of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Applicant Address of 5. L/R Number(s) 6. Box Number 7. Village(s)/Wa rd(s) 8. Town 9. Sub location(s) 10.Post Code 11. Location(s) 12.(Landline) Telephone Contact 13.Division(s) 14.(Mobile) Telephone Contact 15. District(s) 16. Email Contact 1 WATER RESOURCE DETAILS 17. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 18. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 19. Sub-catchment Number 20. Class of Water Resource 21. Name of Body of Water or Aquifer where effluent is to be discharged 22. Sub-catchment Number (Effluent) 23. Class of Water Resource (Effluent) 24. Category of Application (Class of Permit) SUPPLEMENT TO PERMITS 25. Does permit include Supplements approved under Section 21 of WRA Rules (yes/no) 26. List Reference Number for each Supplement The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 011 Catchment: WRA ID: File: Kenya Subsidiary Legislation, 2021 1081 Water Resources Authority Brief Description of Project and Intended Use for Water Type of Water Use Groundwater Surface Water (m3/day) (m3/day) River Normal River Flood Lake Condition Condition 1. Public 2. Domestic 3. Livestock 4. Subsistence Irrigation 5. Commercial Irrigation 6. Industry/Commercial 7. Hydropower 8. Others 9. Sub-total 10. Quantity Returned 11. Water Abstracted (row 9-row 11) 12. Effluent Discharge 13. Basic Human Needs CONDITONS OF PERMIT DETAILS Availability of Resource When the resource availability drops into the Reserve, the permit holder is only entitled to Basic Human Needs Water Quality Report Payment of Water Use Charges Inspections 1 2 3 4 1082 Kenya Subsidiary Legislation, 2021 Other Technical Details Effluent Discharge Requirements Meter ID Numbers Related to this permit 1 2. 3. Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 011 Catchment: WRA ID: File: SURFACE WATER - ABSTRACTION, DIVERSION, IN-STREAM AND CONVEYANCE WORKS Grid Reference for Works (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Weir (1) or Collection Chamber (2) Dimensions Width/diameter (m) Length (m) Height (m) Materials Compensation Flow Capacity (m3/day) Kenya Subsidiary Legislation, 2021 1083 Pump Type of Pump Type of driving machine Power source of driving machine (diesel, electric, wind, water) Maximum Power rating (KVa) Expected operating head (m) Delivery Rate at expected operating head (m3/hr) Expected operating hours (hrs) Canal Length (m) Top width (m) Bottom width (m) Lined or unlined Lining material Gradient (m/100m or %) Maximum velocity (m/s) Maximum Capacity (m3/day) Pipeline Internal diameter of delivery pipe (mm) Maximum Capacity (m3/day) GROUNDWATER Grid Reference for Works (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet W.R.M.A. number of well/ borehole Total depth of well/ borehole Depth to which the cylinder or suction pipe may be installed 1084 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI STORAGE DAM Form: WRA 011 Catchment: WRA ID: File: Name of dam Class of Dam (A, B or C) Grid Reference for Dam (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Spillway Dimensions at control Width (m) Length (m) Height (m) Embankment Material (earth, concrete, masonry, others) Dimensions Width at Crest (m) Length at Crest (m) Upstream slope ( 1 to ...) Downstream slope (1 to ...) Maximum Depth of Water (Measured from bed to normal water level) (m) Maximum Height of Embankment (m) Gross Freeboard (m) Net Freeboard (m) Impoundment Estimated Impounded Volume (m3) Other Details Maximum Drawoff Capacity (m'/day) Maximum Compensation Flow capacity (m3/day) SWAMP DRAINAGE Name of swamp Size of swamp to be drained (ha) Purpose of swamp drainage (agricultural, residential, recreational, public health, industrial, abstraction) Means of swamp drainage (tick as appropriate) Channelling or canalisation of flows Kenya Subsidiary Legislation, 2021 1085 Diversion of inflow Expected % of inflow waters to be diverted Construction of drainage canals or drainage pipes Expected reduction in water level in swamp (m) Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI EFFLUENT DISCHARGE Form: WRA 011 Catchment: WRA ID: File: Grid Reference for Effluent Discharge Point (UTM , based on ARC1960 Datum, Zone 36/37) Easting Northing Altitude (m above sea level) Map Sheet Source of water supply Source of Effluent (domestic, institutions, industrial, agricultural, urban) Mode of discharge (pipe, canal, ..) Maximum Daily Effluent discharge (m3/day) Details of Treatment System Chemical Settling Anaerobic digesters Oxidation or aerated ponds Natural or constructed Wetland Other (specify) Retention time (days) Nature of Pollutants (Chemical, biological, physical) EFFLUENT QUALITY Parameter Units Guideline Value Parameter Units Guideline Value BOD (5 days at 20C mg/ Total Phosphorous mg/1 COD mg/1 Total Nitrogen mg/1 Total Dissolved Solids mg/1 Total suspended solids mg/1 pH pH scale Metals mg/1 Temperature C Non metal mg/1 1086 Kenya Subsidiary Legislation, 2021 toxics(sulphides, cyanides, fluorides) Total Col iforms Counts/10 Oml Pesticide residues AO Turbidity or colour NTU/Haze n Phenols mg/1 Ammonia -NH3 mg/I Oils and grease mg/1 Ammonium—NH4 mg/1 Others Nitrite — NO2 mg/1 Nitrate-NO3 mg/I SIGNATURE Yours faithfully, Signature of WRA Officer Name of Officer Position of Officer Date of Signature Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 012 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: APPLICATION FOR RENEWAL OF WATER PERMIT (To be submitted in triplicate) I, the undersigned hereby apply for renewal of the Permit No. I, certdY that the works have been maintained and the water used in accordance with the provisions of the permit referred to above. Type of Water Use Surface Water Groundwater Effluent Swamp Discharge Drainage Diversion Abstraction In-stream Storage Shallow Borehole Works well Tick Box Attach lB 1B lB IC ID 1D I E IF Form PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. 3. Category of Applicant - Individual, Group [Association, Society], Company, Institution Kenya Subsidiary Legislation, 2021 1087 4. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies 5. PIN Number (where available) Physical Address where water is to be used Contact Address of Applicant 6. L/R Number(s) 7. Box Number 8. Village(s)/Ward(s) 9. Town 10. Sub-location(s) 11. Post Code 12. Location(s) 13. Telephone Contact (Landline) 14. Division(s) 15. Telephone Contact (Mobile) 16. District(s) 17. Email Contact WATER RESOURCE DETAILS 18. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 19. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 20. Sub-catchment Number 21. Class of Water Resource 22. Name of Body of Water or Aquifer where effluent is to be discharged 23. Sub-catchment Number (Effluent) 24. Class of Water Resource (Effluent) 25. Category of Application (Class of Permit) Note: Shaded Areas to be filled in by WRA Officials 1088 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 012 Catchment: WRA ID: File: QUANTITY WATER REQUIRED 26. Description of Project and Intended Use for Water Type of Water Use Groundwater Surface Water (m3/day) (m3/day) River Normal River Flood Lake Condition Condition 27. Public 28. Domestic 29. Livestock 30. Subsistence Irrigation 31. Commercial Irrigation 32. Industry/Commercial 33. Hydropower 34. Others 35. Sub-total 36. Quantity Returned 37. Water Abstracted (row 42 row 44) 38. Effluent Discharge FEES SUBMITTED Category A, B, C or D Class Permit Amount (KES) Permit Fees AMOUNT PAID Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING PERMIT RENEWAL APPLICATION Signature of WRA Official Name Kenya Subsidiary Legislation, 2021 1089 Position Date Application for Renewal Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Recommended Rejected Conditional Recommendation Permit Renewed until (date) Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 013 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchment: NAIROBI Northing: WRA ID: Zone: File No: APPLICATION FOR VARIATION OF WATER PERMIT (To be submitted in triplicate) I, (name)... ... ......,the holder of Permit No. ........................, do hereby apply for a variation to the permit. The need to vary the permit has been caused by (state cause) Which item(s) of the permit Original Value New Value Comments is/are changing? 1090 Kenya Subsidiary Legislation, 2021 Type of Surface Water Groundwater Effluent Swamp Drainage Water Discharge Use Diversion Abstracti on In stream Storag e Shallo w Borehole Works well Tick Box PARTICULARS OF PERMIT HOLDER DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Category of Applicant - Individual, Group [Association, Society], Company, Institution 3. ID Number of Applicant (Individual) or Certificate of ncorporation or Registration for Groups or Companies 4. PIN Number (whilable)ere av Physical Address where water is to be used ontact Address of • pplicant 5. L/R Number(s) •. Box I umber 7. Village(s)/W .rd(s) 8. o n 9. Sub location(s) 10. ' ost Code 11. Location(s) 12. elephone Contact Landline) 13.Division(s) 14. elephone Contact Mobile) 15.District(s) 16. mail ontact Kenya Subsidiary Legislation, 2021 1091 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI WATER RESOURCE DETAILS Form: WRA 013 Catchment: WRA ID: File: 17. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 18. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 19. Sub-catchment Number 20. Class of Water Resourc 2. 21. Name of Body of Water or Aquifer where effluent is to be discharged 22. Sub-catchment Number (Effluent) 23. Class of Water Resource (Effluent) 24. Category of Application (Class of Permit) FEES SUBMITTED Category A, B, C or D Class Permit Amount (KSh.) Application Fees for Variation Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application SIGNATURE OF WRA OFFICIAL RECEIVING APPLICATION TO VARY PERMIT Signature of WRA Official Name Position Date Application for Variation Received OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision Date Comment/Reference Variation Accepted Rejected Conditional Acceptance Permit Valid until (date) 1092 Kenya Subsidiary Legislation, 2021 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Water Resources Authority Grid Reference for Works (UTM Arc 1960) Easting: Northing: Zone: Form: WRA 014 Catchment: WRA ID: File No: APPLICATION FOR TRANSFER OF WATER PERMIT (To be submitted in triplicate) 1,(name)... ......,being the holder of Permit No. ....................., do hereby apply for the permit to be transferred to (name)... ... .................. I confirm that all other particulars of the Permit remain the same. The need to transfer the permit has been caused by (state cause) Type of Surface Water Groundwater Effluent Swamp Water Discharge Drainage Use Diversion Abstracti on In stream Storage Shallow Borehole Works well Tick Box 'ARTICULARS OF CURRENT 'ERMIT DETAILS I OLDER 1. Full name of applicant(s) (In Block Letters) P . Category of Applicant - Individual, Group [Association, Society], Company, nstitution ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for roups or Companies ' PIN Number (where available) 'hysical Address where water is to be sed Contact Address of Applicant LIR Number(s) 6. Box Number . Village(s)/Wa 8. Town Kenya Subsidiary Legislation, 2021 1093 rd(s) 9. Sub location(s) 10. Post Code 11. Location(s) 12. Telephone Contact (Landline) 13. Division(s) 14. Telephone Contact (Mobile) 15. District(s) 16. Email Contact PARTICULARS OF PROPOSED PERMIT DETAILS HOLDER 17. Full name of applicant(s) (In Block Letters) 18. Category of Applicant - Individual, Group [Association, Society], Company, Institution 19. ID Number of Applicant (Individual) or Certificate of Incorporation or Registration for Groups or Companies Physical Address where water is to be used Contact Address of Applicant 20. L/R Number(s) 21. Box Number 22. Village(s)/Ward(s) 23. Town 24. Sub-location(s) 25. Post Code 26. Location(s) 27. Telephone Contact (Landline) 28. Division(s) 29. Telephone Contact (Mobile) 30. District(s) 31. Email Contact Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 014 Catchment: WRA ID: File: WATER RESOURCE DETAILS 32. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 33. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 1094 Kenya Subsidiary Legislation, 2021 34 Sub-catchment Number 35. Class of Water Resource 36. Name of Body of Water or Aquifer where effluent is to be discharged 37. Sub-catchment Number (Effluent) 38. Class of Water Resource (Effluent) 39. Category of Application (Class of Permit) FEES Si 1BMITTED Categor A, B, C or D Class Permit Amount (KES) Application Fees for Transfer of Permit 'Receipt Number 'SIGNATURE Signature of Applicant or duly 'Authorised Agent Na me 'ate of Application SIGNATURE OF WRA OFFICIAL RECEIVING PERMIT TRANSFER APPLICATION Signature of WRA Official Name Pori an )ift. Application for Renewal ..':ce. i ,:ed OFFICIAL SECTION (To be filled in by WRA officials) WRA Action Decision "Frarsfer Accepted I;ate Comment/Reference Rejected Conditional Acceptance Permit Valid until (date) Kenya Subsidiary Legislation, 2021 1095 The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Water Resources Authority Grid Reference for Works Form: WRA 015 (UTM Arc 1960) Easting: Northing: Zone: Catchmen: WRA ID: File No: ASSESSMENT OF WATER USE AND CHARGES (To be submitted in triplicate) PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. PIN Number (where available) Physical Address where water is to be used Contact Address 3. L/R Number(s) 4. Box Number 5. Village(s)/Ward(s) 6. Town 7. Sub-location(s) 8. Post Code 9. Location(s) 10. Telephone Contact (Landline) 11. Division(s) 12. Telephone Contact (Mobile) 13. District(s) 14. Email Contact WATER RESOURCE DETAILS 15. Name of Body of Water or Aquifer where water is to be diverted, abstracted or stored 16. Is the point of abstraction or storage in a Protected Area or a Groundwater Conservation Area? (yes/no) 17. Sub-catchment Number 18. Class of Water Resource 19. Status of Water Resource 20. Name of Body of Water or Aquifer where effluent is to be discharged 21. Sub-catchment Number (Effluent) 22. Class of Water Resource (Effluent) 23. Status of Water Resource (Effluent) 1096 Kenya Subsidiary Legislation, 2021 24. Category of Application (Category B, C or D) QUANTITY WATER USED BASED ON MEASUREMENTS 25. Meter Number 26. Current Date of Assessment of Water Used 27. Date of Last Assessment 28. Current Meter Reading (m3) 29. Last Meter Reading (m3) 30. Total Consumption (mi) BASED ON ESTIMATE 31. Estimate of water used (m3) between current & last assessment 32. Show calculations/justification for estimate of water used The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Water Resources Authority Grid Reference for Works (UTM Arc 1960) Easting: Northing: Zone: Form:WRA 015 Catchment: WRA ID: File No: CALCULATION OF WATER USE CHARGES AND CURRENT STATEMENT Units Quantity Rates Charge s Instructions Kshs Kshs a . c d e f g 1 otal Consumption m3 2 I umber of Days in Accounting 'eriod Days 3 II OMESTIC/PUBLIC/LIVESTOCK ATER USE 4 ' mount Allocated on Permit m3/day 5 otal amount allocated for .ccounting period m3 Col d (Row 4 x row 2) 6 otal amount lawfully used m 3 5.00 + Not to exceed col d row 5 7 RRIGATION WATER USE 8 ' mount Allocated on Permit m3/day Kenya Subsidiary Legislation, 2021 1097 1 9 Total amount allocated for accounting period m3 Col d (Row 8 x row 2) 10 Total amount lawfully used m 3 /day Not to exceed cold row 9 11 Volume of water charged at lower rate m 3 2.00 + Max. vol.= col d row 2 x 300 12 Volume of water charged at higher rate m3 2.50 + Col d Row 10 — row 11 13 INDUSTRIAL/COMMERCIAL WATER USE 14 Amount Allocated on Permit m 3/day 15 Total amount allocated for accounting period m3 Col d (Row 14 x row 2) 16 Total amount lawfully used m 3 Not to exceed col d row 15 17 Volume of water charged at lower rate m3 5.00 + Max. vol.= col d row 2 x 300 18 Volume of water charged at higher rate m3 6.00 + Col d Row 10 — row 11 19 FISH FARMING WATER USE 20 Amount Allocated on Permit m3/day 21 Total amount allocated for accounting period m3 Col d (Row 20 x row 2) 22 Total amount lawfully used m3 1.00 + Not to exceed col d row 21 23 HYDROPOWER 24 Total amount hydropower generated Kw.hr 25 Total amount hydropower charged Kw.hr 2.00 + If (Row 24 — 1)>1, then Row 24 — 1 26 Sub-Total Water Use Charges + Sum Col f Rows 6,11,12,17,18,2 2,25 27 EXTRAS 28 Water Resource Conservation charge for abstraction or 0.05 + Col f Row 26 x 0.05 effluent within a GWCA or protected area 29 Penalty for lack of flow measuring device 0.1 + Col f Row 26 x 0.1 30 Incentive for flood water conservation 0.1 Col f Row 26 x 0.1 (note negative sign) 1098 Kenya Subsidiary Legislation, 2021 31 Penalty for Over abstraction 32 Total water used M3 Cold Row I 33 Total water lawfully used m3 Sum Col d Rows 6,10,16,22 34 Total water used in excess of permit m3 1.0 + Col d (Row 32 — row 33) 35 TOTAL WATER USE CHARGES THIS PERIOD + Sum Col f Rows 26,28,29,30,34 36 37 STATEMENT 38 Previous balance + 39 Payments within last period 40 Outstanding balance + Col f (Row 38 row39) 41 Interest Charges + Col f Row 40 x 0.02 x 3months 42 TOTAL AMOUNT DUE Sum Col f Rows 35, 40,41 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 015 Catchment: WRA ID: File: I certify that the information presented in this form provides an accurate estimate of the quantity of water used and the water use charges due. Name Signature Date Kenya Subsidiary Legislation, 2021 1099 Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Grid Reference for Works (UTM Arc 1960) Easting: Northing: Zone: Form: WRA 016 Catchment: WRA ID: File No: (The Water Act 2016) ORDER (Rule 150) PARTICULARS OF PERSON ISSUED WITH ORDER 1. Full name of receiving Order (In Block Letters) Ph sical Address where water is to be used Contact Address 2. L/R Number(s) 3. Box Number 4. illage(s)/Ward(s) 5. Town 6. Sub-location(s) 7. Post Code 8. Location(s) 9. Telephone Contact (Landline) 10. Division(s) 11. Telephone Contact (Mobile) 12. District(s) 13. Email Contact WATER RESOURCE DETAILS 14. Name of Body of Water or Aquifer related to Order You are hereby required to undertake the following action by the deadline stated below: Action Required Deadline You are required to notify the Authority when you have complied with this Order. Issued by: Signature of Officer Name of Officer Position of Officer Date of Signature Reference: Rule 1378 of WRM Rules 1100 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Grid Reference for Works Form: WRA 017 Water Resources Authority, (UTM Arc 1960) P.O. Box 45250 — 00100 Easting: Catchmen: NAIROBI Northing: WRA ID: Zone: File No: (To be submitted in triplicate) APPLICATION FOR AUTHORITY TO ENTER INTO AND UPON LANDS OF OTHER LANDHOLDERS FOR THE PURPOSE OF INVESTIGATION AND SURVEYING IN CONNECTION WITH A PROPOSED APPLICATION FOR A PERMIT OR EASEMENT PARTICULARS OF APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. PIN Number (where available) Physical Address where water is to be used Contact Address 3. L/R Number(s) 4. Box Number 5. Village(s)/Ward(s) 6. Town 7. Sub-location(s) 8. Post Code 9. Location(s) 10. Telephone Contact (Landline) 11. Division(s) 12. Telephone Contact (Mobile) 13. District(s) 14. Email Contact DETAILS FOR WHICH ENTRY IS REQUIRED 15. Name of Body of Water or Aquifer where water is to be 16. diverted, abstracted or stored 17. State as specifically as you can the proposed purposes for which you wish to use the water: 18. Give a general description of the proposed project referring where necessary to the Cadastral map which you are required to submit herewith: 19. State the time in months which you estimate it will take to make the necessary survey and investigations: Kenya Subsidiary Legislation, 2021 1101 20. State when you propose to start the above investigation (give date): Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI PERSONS LIKELY TO BE AFFECTED (Attach extra sheetifreauired) Form: WRA 017 Catchment: WRA ID: File: Description of land (Give L R (No.) Name of Owner Postal address and Tel of the owner or of his duly authorized agent 1. 2. 3. 4. 5. 6. 7. APPLICATION FEE Application Fee (KES) Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Date of Signature ATTACHEMENTS Attached (Yes/No) Comments/Remarks Copy of Identification Documents Copy of Land Documents (Land Registrar) Relevant Maps Copy of Receipt for Payment 1 102 Kenya Subsidiary Legislation, 2021 Water Resources Authority The Chief Executive Officer, Form: WRA 018 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: APPLICATION FOR REGISTRATION BY WATER RESOURCE USER ASSOCIATION (To be submitted in triplicate) PARTICULARS OF WRUA APPLICANT DETAILS 1. Full name of applicant(s) (In Block Letters) 2. Registration Number 3. Date of Registration Physical Address: Contact Office or Person Contact Address 4. L/R Number(s) 5. Box Number 6. Village(s)/War d(s) 7. Town 8. Sub-location(s) 9. Post Code 10. Location(s) 11.(Landline) Telephone Contact 12. Division(s) 13.(Mobile) Telephone Contact 14. District(s) 15. Email Contact Kenya Subsidiary Legislation, 2021 1103 WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer for which WRUA is applying 17. Sub-catchment Number 18. Class of Water Resource 19. Status of Water Resource DETAILS OF OFFICIALS Chairman (Name): Date Elected Secretary (Name): Date Elected Treasurer (Name): Date Elected SIGNATURE BY TWO WRUA OFFICIALS Name of WRUA Official Position Signature of WRUA Official Date of Signature INFORMATION ATTACHED Copy of Constitution Copy of Bylaws Minutes of Last 3 meetings Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 019 Catchment: WRA ID: File: CERTIFICATE OF REGISTRATION FOR WATER RESOURCE USER ASSOCIATION Dear Sir/Madam; I have the honour to inform you that the Water Resources Authority has registered the Water Resources Users Association. PARTICULARS OF WRUA APPLICANT DETAILS 1. Full name of WRUA (In Block Letters) 2. Registration Number 3. Date of Registration Physical Address: Contact Office or Contact Address 1104 Kenya Subsidiary Legislation, 2021 Person 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-location(s) 9. Post Code 10. Location(s) II. Telephone Contact (Landline) 12. Division(s) 13. Telephone Contact (Mobile) 14. District(s) 15. Email Contact WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer for which WRUA is applying 17. Sub-catchment Number 18. Class of Water Resource SIGNATURE OF WRA OFFICIAL Signature of WRA Official Name Position Date of Registration The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Water Resources Authority Grid Reference for Works (UTM Arc 1960) Easting: Northing: Zone: Form: WRA 020 Catchment: WRA ID: File No: APPLICATION FOR SEARCH OF WATER PERMIT I,(name). ,request the Water Resources Authority to provide me with a copy of the Water Permit in respect of the person or parcel of land shown below (submit as much information as possible): PARTICULARS OF PERMIT HOLDER DETAILS 1. Full name of Permit Holder(s) (In Block Letters) 2. Category of Permit Holder - Individual, Group [Association, Society], Company, Institution 3. Permit Number Physical Address where water is being used Contact Address of Permit Holder 4. L/R Number(s) 5. Box Number 6. Village(s)/Ward(s) 7. Town 8. Sub-location(s) 9. Post Code 10. Location(s) 11. Telephone Contact Kenya Subsidiary Legislation, 2021 (Landline) 12. Division(s) 13. Telephone Contact (Mobile) 14. District(s) 15. Email Contact WATER RESOURCE DETAILS 16. Name of Body of Water or Aquifer where water is diverted, abstracted or stored 17. Sub-catchment Number 18. Name of Body of Water or Aquifer where effluent is discharged 19. Sub-catchment Number (Effluent) FEES SUBMITTED Amount (KES) Search Fees Receipt Number SIGNATURE Signature of Applicant or duly Authorised Agent Name Date of Application Water Resources Authority The Chief Executive Officer, Water Resources Authority, P.O. Box 45250 — 00100 NAIROBI Form: WRA 021 Catchment: WRA ID: File: (*delete as appropriate). SUPPLEMENT TO WATER PERMIT/AUTHORISATION SUPPLEMENT No. to be attached to *Authorisation, Permit No. dated issued to and declared to form part thereof as if written or printed thereon DETAILS OF SUPPLEMENT Type of Surface Water Groundwater Effluent Swamp Water Discharge Drainage Use Diversion Abstracti on In stream Storage Shallow Borehole Works well Tick Box 1105 PARTICULARS OF PERSON TO WHICH DETAILS SUPPLEMENT APPLIES 1106 Kenya Subsidiary Legislation, 2021 Full name (In Block Letters) ... Category of Person - Individual, Group [Association, Society], Company, Institution 3. ID Number (Individual) or Certificate of Incorporation or Registration for Groups or Companies 4. PIN Number (where available) Physical Address where water is to be used Contact Address 5. L/R Number(s) 6. Box Number i. Village(s)/ Ward(s) 8. Town 9. Sub location(s) 10. Post Code I I. Location(s) 12. Telephone Contact (Landline) 3 . Division(s) t Telephone 14. Contact (Mobile) 5. District(s) 16. Email Contact ;rief Description of Intended Use of Water Covered under Supplement Type of Water Use Groundwater Surface Water m'/day) (in '/clay) 1 1- River Normal River - Flood Lake I li Condition \ 4 Condition 17. Public , 18. Domestic 1 19. Livestock 20. Subsistence Irrigation 21. Commercial Irrigation 22. Industry/Commercial 23. Hydropower 24. Others f 25. Sub-total 26. Quantity Returned 27. Water Abstracted (row 9-row 11) 28. Effluent Discharge 29.Basic Human Needs Kenya Subsidiary Legislation, 2021 1107 Water Resources Authority The Chief Executive Officer, Form: WRA 021 Water Resources Authority, Catchment: P.O. Box 45250 — 00100 WRA ID: NAIROBI File: ADDITIONAL DETAILS RELEVANT TO THE SUPPLEMENT Meter ID Numbers Related to this supplement 1. 2. 3. SIGL,/ATURE Yours faithfully, Signature of WRA Officer Name of Officer Position of Officer Date of Signature The Permanent Secretary Ministry of Water and lrrigation, P.O. Box 49720 — 00100 NAIROBI Republic of Kenya Form: WRP 001 Registration Number: Ministry of Water and Sanitation (The Water Act 2016) APPLICATION FOR REGISTRATION AS A QUALIFIED WATER RESOURCE PROFESSIONAL (To be submitted in triplicate) Category being applied for (tick as appropriate): Panel I Panel II Panel III A. Water Supply (>1000m3/day) A. Water Supply Hydrologist (<1000m3/day) B. Effluent Treatment Works B. Effluent Treatment Works Hydrogeologist C2. Class SD2 Dams Cl. Class SD1 Dams Hydrometeorologist C3. Class SD3 Dams Chemist D. Irrigation (> 7,500 m3/day) D. Irrigation (< 7,500 m3/day) Biologist Ecologist 1108 Kenya Subsidiary Legislation, 2021 Geologist Name (Surname first) 1. Box Number 2. Town 3. Post Code 4. Telephone Contact (Landline) 5. Telephone Contact (Mobile) 6. Email Contact 7. Age (years) 8. PIN Number Provide Details of Professional Training (Attach Certified copies of Certificates) Institution Course Dates Level Attained The Permanent Secretary Ministry of Water and Irrigation, P.O. Box 49720 — 00100 NAIROBI Republic of Kenya Form: WRP 001 Registration Number: Provide Details of Employment Record (Attach Letters from Employer confirming position and dates) Employer Position Held Dates Provide Details of Professional Qualifications (Attach Certified copies of Certificates) Institution Level Dates Provide Details of Three Professional Referees Name Postal Address Tel Contact Email Address Kenya Subsidiary Legislation, 2021 1109 Testimonials. (You should submit not more than six testimonials to cover as far as the number attached is. possible your training and experience. SIGNATURE Signature of Applicant Date of Signature The Permanent Secretary Ministry of Water and Irrigation, P.O. Box 49720 — 00100 NAIROBI Republic of Kenya 1110 Kenya Subsidiary Legislation, 2021 Form: WRP 002 Registration Number: Ministry of Water and Irrigation (The Water Act, 2016) LICENSE AS A QUALIFIED WATER RESOURCE PROFESSIONAL Dear Sir/Madam; I have the honour to inform you that the Ministry of Water and Irrigation has given you a license as a Qualified Water Resource Professional in the following categories. DETAILS OF QUALIFIED WATER RESOURCE PROFESSIONAL :N7-tme (Surname first) 1. Box Number 2.Telephone Contact I I (Landline) 3. Town 4.Telephone Contact (Mobile) I-r). Post Code 6.Email Contact IT PIN Number DETAILS OF LICENSE Par 21 I (Panel II Panel III . Water Supply >1000m3/day) A. Water Supply (<1000m3/day) Hydrologist B. Effluent Treatment Works B. Effluent Treatment Works Hydrogeologist C2 Class SD2 Dams I— Cl. Class SD1 Dams Hydrometeorologist ,C3. Class SD3 Dams Chemist D. Irrigation (> 7,500 '.1-13/day) D. Irrigation (< 7,500 m3/day) Biologist 1-- Ecologist Geologist Conditions of License: Yours Faithfully SIGNATURE OF MWI OFFICIAL Signature of MWI Official Name Position Date The Permanent Secretary Ministry of Water and Irrigation, P.O. Box 49720 — 00100 NAIROBI Kenya Subsidiary Legislation, 2021 1111 Republic of Kenya Ministry of Water and Sanitation (The Water Act 2016) Form: WRC 001 Registration Number: APPLICATION FOR REGISTRATION AS A QUALIFIED CONTRACTOR (To be submitted in triplicate) Category being applied for (tick as a ro riate : Category I Category II A. Water Supply (>1000m3/day) A. Water Supply (<1000m3/day) B. Effluent Treatment (>1000m3/day) B. Effluent Treatment (<1000m3/day) C2. Class SD2 Dams Cl. Class SDI Dams C3. Class SD3 Dams D. Irrigation (> 7,500 m3/day) D. Irrigation (< 7,500 m3/day) El. Borehole Drilling — Class 1 (< 150 m) E. Borehole Servicing E2. Borehole Drilling — Class 2 (> 150 m) Name of Contractor (Attach Certified Copy of Registration Document) 1. Box Number 2. Town 3. Post Code 4. Telephone Contact (Landline) 5. Telephone Contact (Mobile) 6. Email Contact 7. Year Established 8. Physical Address of Head Office Provide Details of Professional Staff Name Professional Qualifications Years of Position in Organisation Experience The Permanent Secretary Ministry of Water and Irrigation, P.O. Box 49720 — 00100 NAIROBI Type of Project Name Contract Value (KES) Date of Completion Client 1112 Kenya Subsidiary Legislation, 2021 Republic of Kenya Form: WRC 001 Registration Number: Provide Details of Equipment Type of Equipment Number of Units Provide Details of Projects Completed in Last 5 Years Provide Details of Three Professional Referees Name Postal Address Tel Contact Email Address Testimonials. (You should submit not more than six testimonials to cover as far as the number attached is possible your training and experience SIGNATURE Signature of Applicant Date of Signature The Permanent Secretary Ministry of Water and Irrigation, P.O. Box 49720 -- 00100 NAIROBI Kenya Subsidiary Legislation, 2021 1113 Republic of Kenya Form: WRC 002 Registration Number: Ministry of Water and Sanitation (The Water Act 2016) LICENSE AS A QUALIFIED CONTRACTOR ) Dear Sir/Madam; I have the honour to inform you that the Water Resources Authority has given you a license as a Qualified Contractor in the following category: DETAILS OF QUALIFIED CONTRACTOR Name of Com an 1. Box Number 2.Telephone Contact (Landline) 3. Town 4.Telephone Contact (Mobile) 5. Post Code 6.Email Contact 7. PIN Number DETAILS OF LICENSE Category I Category II A. Water Supply (>1000m3/day) A. Water Supply (<1000m3/day) B. Effluent Treatment (>1000m3/day) B. Effluent Treatment (<1000m3/day) C2. Class SD2 Dams Cl. Class SDI Dams C3. Class SD3 Dams D. Irrigation (> 7,500 m3/day) D. Irrigation (< 7,500 m3/day) El. Borehole Drilling — Class 1 (< 150 m) E. Borehole Servicing E2. Borehole Drilling — Class 2 (> 150 m) Conditions of license: 1. 2. Yours Faithfully SIGNATURE OF WRA OFFICIAL Signature of WRA Official Name Position Date Dated the 15th April, 2021. SICILY K. KARIUKI, Cabinet Secretary for Water and Sanitation and Irrigation. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI