Jigawa State Water Sources (Control) Law, Chapter W1

3. Dccl:in11io11 ur so11r..:e or wa ter.

4. Cu111pc11sa1ion.

5. Inquiry hcfun.: tb :l:11atio11. 6. 1'11blica11011 of ordc1.

7. Approval o f Com111 issio11cr.

8. Extinguishing of right in source of water.

9. Control and in:111ag1::me111 of source ofwa1cr,

10. Pc1w lty. 11 H.cg1tl a1ion~. C H APT ER W I WAT ER SOURCES (CONTRO L) L AW A L.1w for lhl' preservation and control of sources of waler :1111 1 for matters conncclcd therewit h. IA111cnded by Law No. 14 of2012.J [ Dale o r COllll11CllCC11l<:nt : 12,1, l·'elm w1:1'. 19981 I. Cilation This La\1 mny be ci ted as the Wa ter Sources (Control) La w. 2. l11terprcca1io11 In this Law. unless the context otherwise rcquires- •·C o 111m issioncr " means the co111111issio111::r responsible for Agriculture nnd Nawral Rcsoun.:cs: " prescr i bed su u tT l' of wa t er " means any ri ver, l;1ke. stream. pond o r w:lt(;rway dccl.ired lo be a pr1,;scribc<l source nf water under thi:; Law.

3. D('daralion of sour ce of water ( ! ) Subject lo l h~, provisions or section 5 of this Law and subsection (!) or this s~c1icm. a local govcrnmenl euunc il may, by order made w it h the .ipprova l of the Commissioner declare uny ri ver, luke. stream. pond or waterway. wi thin the area of its j11risdict io 11 10 be II pn:~cribcd source or wa ter. I Issue 11 WI 1-,-_,..- CA P.WI (2) 11 shnll not be lawful tor any Iota] govt:mmcnr council to declare any rivet, lake, 7. Appro strtam. pond m walt:rway within the area of its jurisdiction to be a prescribed som;lle o( wat1.:r if such rin~r, lake, stn:am, pond or waterway is- No ort waterway ({/) dcdan::d by any law to be a source af'fctting more than one State; Oazelle 01 (/>) compulsorily acquired by the Government oi' the redi;n11ion, Jigawa State sioncr, w~ Government or any agenty established by the Government oft.he Federa, Conunissi tion or Jigawa State Government; or

8. Extin1 (c) subjetl 10 any laws relating to solid minerals or petrnleum. Subjec

4. Co111 pc 11~alion pond or v made und, (I) The Local Government Council shall pay appropriate 11101wtmy conipt!nsation to any person whose right have been ex tinguished by an order made under sec1io11 3 (I) of 9. Conlr this Law. The p1 (2) Any person claiming compensation under the provisions of subsection (.1) above declared t, may. if dissa1isfic:d with the compcnsat ion awarded, apply to the High Coud for the ' Council t determination of the mailer. supervisic

5. Inquiry be fore tlcclaralio11 10. Pcn,1 (I) No river. lake, s1ream. pond or waterway shall be declared to be a prescribed (I) A1 source of water under section 3 (1) of this Law unless- (a) the intention to declare such river, lake, s1realll, pond or wate1·way has been announct:d by the Local Government Council in a manner approved by the Commissioner; and • the ex istcnce, nature and extent of any rights claimed by or alleged to exist (b) in favour or any person or co111munities affecting ihe river, lake. stream, pond or waterway which is declared to be a prescribed source of wa1er has been inquired into and determined by or under the dirertion of the Local shall Li or to i Government Council. impris (2) The announee111e111 reli.:rn:d to in subsection (I), shall require all cla11nanls t<l put t'urward their claims within six months. (2) At (3) Subjeet to any right to co111pensatio11, ull claims 1101 put forward within six section ( I months of thc anncn111ccment referred 10 in subsection (I) shall be invalid. be liable t (tl) At nny time c:ither before or afttr an order has becn made under section g (I) of (3) A this Law, the Commissioner may cause a further inqui1y to be ht:ld by or und& the guilty of direction ,,r the Local Government Coum:il or by any other person for the better 11nprisorn determina1io11 of1he rights affecting the river, lake, stream, pond or waterway which it is proposed to be dccl:m:d or which has been dedared to a prescribed source or water. (4) Ill ment cou

6. Publication of order pond or v Every order under sett ion 3 (I) or this Law tkclaring a river, lake, stream, pond or ll. Rcg1 waterway to be a prcstribed source water shall be published in the Stn1e Gazeue, and shall set forth the limits. situation and nprroximatl! area of the rivt:r, lake, stream, pond or water- A loc way and all rights affecting the snme as <lcte1111ined under thi.: provisions of section 5 of for all or this Law. (a Ibsuc 11 WI - 2 C/\ 1'. WI Water Sources (Comrol) Low :clare any river. l!tkc. 7. Approva l o r Commiss ioner prescribed source of No order under section 3 (I) of this Law, declaring any river. lake, stream. pond or waterway to be a prescribed source of water shal l be published in the Jigawa State one Slate; Ga=eue or be of any effect until it has received the approval in writing of lhc Commis- Cration, .lignwu Stntt: sioner, which approval may be granted or withheld or granted on such condition as the 1mcnt of the Fedcru- Commissioner may in his direction consider necessary.

8. Extinguis hing of right in source of water urn. Subject to tin: provis ion of this Law, every right in or over any river, lake, stream, pond or w:itcrway shall be extinguished. upon the coming into operation of the order. mnde under section 3 (I) of this Law. 'nry compcnsa IIon 10 n<.lcr SCCI ion 3 ( I) or 9. Control and 111anagcm e11I of source of wa ter The protection, control and management of nny river, lake, stream, pond or watt:nvay Subsection ( I) above declart:d to be a prescribed somce of water shall be unclerlnken by the Local Government lligb Court for the Council declaring it. or within whose jurisdiction it is situated, or subject to the supen ision. 1 10. l'cnally to be a prescribed (I) Any person who- (a) after his right in or over any river, lake, stream, pond or waterway has been r wa1erwc1y has been extinguished under section 8 of this Law. refuses to deliver up possession: 1ncr approved by the or (b) withoul lhc permission or the 11ppropria1e local government council, .takes • ,y or alleged 10 exist possession of any river, lake, stream, pond or watcnvay which has been river, lake. stream, declared 10 be a prescribed source of water, source of water hns rcction of the Locnl shall be guilty or an offence and shall be liable to a fine not exceeding ten thousand naira or to imprisonm ent for a term not exceeding twelve months, or to both such fine and imprisomncnt. ull claimnnts 10 put I Parng111ph (b) amended hy Law No. 14 of2012.J (2) Any person who aids und abets any other person to commit an offi:nce under sub- fbrwnrcl within si>. s~clion (I) above, shall be tlcemcd to be guilty of the offence as principal offender and shall llid. be liable to be proceeded against and punished ac1:ordingly under subsection ( I) above. icier section 3 ( 1) of (3) All)' person who contravenes any other n:gulations made under this Law, shall be ild by or 1111der the guilty or 1111 offence and shall be liable 10 a fine not ex1:eeding five thousnnd nnira or to rson for the belier imprisonment for a term not exceeding s ix months or both such line and imprisonment. ~ntcrway wfuch it is llrcc of water. (4) In this section ":1ppropr iatc local govcrnm cnl council" meiins n local govern- ment council which has under section 3 of this Law, declnred any river. lake, stream. pond or waterway to be a prescribed S(lurce or water. kc, stream, pond or 11. Regula tions le Gazelle, nnd shnlf eam, pond or water- A local government council with the approval of the Commissioner 111ay make rules ions of section 5 of fora II or :111y or the liillowing mailers in respect of a prescribed source of water - (o) prescribin g parts which may be 11scd and the times when they may be 11sed; WI 3 I Issue I I CA P.W I Water S11wces (C,mtrol) L<IH' (b) providing for the issue or fishing ur irrigation pcnnits to person~ u:;ingthc prescribed source of water and prescribing the fees for such fishmi; or irrigation pcr1ni1s; (c) regulating the 111:magcrncnt generally or the prescribed source ofwat(r anJ prescribing the activities thnt may be carried on therein; (d) imposing penalties not exceeding fh c 1ho11~and naira and impnsonmcnt n01 exceeding one year or both for a breach of any mle made under lhis section; and (c-) generally for giving efti.:ct to the objects nml purposes. Ib,uc t J WI --l