The Lake Ol Bolossat Catchment Protection Area Order, Legal Notice no. 116 of 2023

N A T I O N A L C OU N CI L F O R l a w r e p o r t i n g L I B R A R Y 50 5SPE C I A L I SSU E 22nd August, 2023Kenya Gazette Supplement No. 140 (Legislative Supplement No. 49) L eg a l N o t ic e N o . 116 T H E W A TER A CT (Ao. 43 o/ 2016) IN EXERCISE of the powers conferred by section 22 (1) o f t he Water Act, 2016, the Water Resources Authority makes the fol lowing O r der — THE LAKE OL BOLOSSAT CATCHMENT PROTECTION A REA ORD ER , 2023 1. This Order may be cited to as the Lake 01 Bolossat Catchment Protect ion A rea Order , 2023. 2. In this Order, except where the context otherwise requires — “ Act” means the Water Act , 2016; m e a n s a w a t e r r e s o u r c e s C i tati on . Intefpretatidfl; N o . 4 3 o f 20 16 usets association“ asso c i at i o n ' registered by the Authority in accordance with the A ct ; “Authority” means the Water Resources Authority estabiished under sect ion 11 of the A ct ; “basin area” means the area designated by the Authority a s B asin A rea under section 24 of the A ct . “Protected Area” means the area declared to be a Catchrt lSHt Protected Area under paragraph 4 of this Order and i s demarcated f or protection and conservation within the Lake 01 Bolossat C atc h m ent M anagement Plan; “ Pl an” means the L ake 0 1 B olossat C atchment M anagement and Conservation Plan as set out in the Second Schedule; “riparian reserve” means land in respect of which management obligations are imposed on users or owners by the Authority d ue to i t s proximity to the Protected Area; soil and water conservation plan” means a sdil ahd Watef conservation plan as defined in the Water Resources Regulations, 2021; and a “sub-basin area” means the area designated by the Authority a s a Basin A rea under section 24(2) of the Act . 3. This Order shall apply to the National Governmeht; n at i o n al government entities, county governments, county government en t i t ies and any other person being a user of water resources ahd the riparian reserve of the Protected A rea. L .N . 170 of 2021 AppliedtibH Of the O rder . 5 06 Kenya Subsidiary Legislation, 2023 4. (1) The Lake 0 1 Bolossat Catchment Protection A rea i s declared to be a protected area for the purposes of t he A c t . (2) The area declared in subparagraph (1) shall be as per the extent and description set out in the First Schedule an d i s dem ar c ated for protection and conservation within the Lake 0 1 B o l o ssat C atc h m en t M anagement Plan. 5. (1) The Plan shall , without prejudice to the provisions o f t he Regulations developed under the Act, be the basis for protection, conservation and use of the water resources within t he G r o u nd w ater Conservat ion A rea. (2) The Authority shall place signboards and beacons i n o r near the Protected Area or in appropriate public places f requented by land and water users and at the Authority’s offices; displaying up-to-date information about the condition of the water resources o f th e Pr o tec ted A r ea . D eclar at i on o f protected area. L ak e 0 1 B o lo ssat C atchm ent M anagement Plan . (3) The public notices shall contain information regarding the action required of water and land users to conserve and protect the w ater resources of the Protected A rea. 6. Any person who contravenes this Order commits an o f f enc e and is liable upon conviction to a fine of twenty thousand shi ll ings imprisonment for a term not exceeding six months, or to b o th suc h f i ne and imprisonment . O f f ence . o r 50 7Kenya Subsidiary Legislation, 2023 F I R ST SC H E D U L E THE LAKE OL BOLOSSAT CATCHM ENT PROTECTION AREA (r . 2 , 4) 'j r sr #-r -' n ' t 'v K K Ty wr r i N Legend A C a tc h m e nt o ut let R iv e r s Watershed boundary 3 K ilo m e te rs3 1.5 0 (i) The lake 01 Bolossat is located at SOU 7’.33” S and 36® 25’4.60” E at an average altitude of 2,340 masl in Nyandarua County w i t h i n Engare Narok Melghis Sub-Basin Area in drainage area N u m b er 5AA . Its catchment and lake surface covers an area o f approximately 147Km̂ and is within the Lake 01 Bolossat W R U A sub catchment . Its sources of water are f rom Aberdares r anges mainly from the Nduthi springs among other several springs. It N o te : 50 8 Kenya Subsidiary Legislation, 2023 drains into Engare Narok River at Manguo within Nyahururu Town in Laikipia East Sub-County, (ii) Lake 01 Bolossat is partly fed by rainfall , sub-surface f low and springs from the Aberdare ranges to the east of the lake. T he area that contr ibutes surf ace run-of f i nto the L ake has been d el i neated through the use of a GIS software. The area measures 134 km^ out of the 1,357 km^ catchment area of the whole 5AA sub b asi n . 1.1 This Plan may be cited as the Lake 0 1 Bolossat C atc hm ent Citation M anagement Plan. 1.2 The following acronyms shall have the meanings as assigned Acronyms b el o w ; A E Z - Agro-Ecological Zone below ground levelb.g.l ENNCA - Ewaso Ngiro North Catchment Area Kenya Forest Service Square K i lometer K F S K m^ m .a.s.l - M eters A bove Sea L evel mVd - Cubic Meters per day MoALF - Ministry of Agriculture M o L - Ministry of Lands and Physical Planning NEMA - National Environment Management Authority N G A O - National Government Administration Off icers N L C - N ational L and Com m ission Degrees Celsius October - N ovember-D ecem ber Flow that is equaled or exceeded 50%of the time Flow that is equaled or exceeded 80%of the time Flow that is equaled or exceeded 95%of the time Regular Gauging Station Resource Quality Objectives Term s of Ref erence ° C O N D Q50 Q80 Q95 R G S RQOs T o R W D C W R M W R A WRUA - Water Resources Users A ssociation 1.3 This Plan shall apply in respect to the management and of the Protected A rea. 1.4 The overall goals of the Lake 0 1 Bolossat Catchment Management Plan are to ensure sustainable management and u se o f water resources within the Protected Area while promoting equitable sharing of water resources. 1.5 A catchment area is defined as the land from which w a t e r naturally f lows into a water course. The status and condi tions of a WRUA Development Cycle Water Resources Management Water Resources Authority u se A pplication of the Pl an . G oal s . I ntroducti on and Background. 50 9Kenya Subsidiary Legislation, 2023 I nf o rm at io n .catchment determines the rel iabil ity, quantity and quality of its water yields. A catchment area acts like a water storage facility where during the rains, the vegetation cover allows the water ample time to percolate deep down and move as a sub-surface flow to recharge the r ivers, springs and ground water storage in both shallow and deep aqui fers. This sub-surface f low is slow resulting in rivers from a w el l -m aintained catchment having higher base flows even during the dry season as well good water yield from boreholes in the vicinity. In poorly maintained and degraded catchment, the rainfall results in the rapid surface run-off which is channeled into the river courses, resulting in flashfloods and high volumes of suspended solids. Since there i s l i tt le storage in such a catchment, the rivers originating f rom such catchment will not be able to sustain their base flows during the dry season. a s Catchment areas are thus a vital component in water r e s o u r c e management and they should be formally delineated, dec l ar ed protected areas by being gazetted as such, protected f rom encroachment and pollution and managed sustainably to maintain their ecological integrity . a s 1.6 The Lake 0 1 Bolossat is located at SOr 7’ .33’.’S and 36“ 25’4.60” E at an average altitude of 2,340 masl in Nyandarua County within Engare Narok Melghis Sub Basin Area in drainage area N umber 5AA . Its catchment and lake surface covers an area of approximately 147Km2 and is within the Lake 0 1 Bolossat WRUA sub catchment . I ts sources of water are from Aberdares ranges mainly from t h e N d u th i springs among other several springs. It drains into Engare Narok River at Manguo within Nyahururu Town in Laikipia East Sub-county. 1.7 The lake serves as the main source of water for t he E w aso Narok River and hence contributes to the flow of Ewaso Ng’iro North River downstream within Laikipia, Samburu, Isiolo and Waj ir counties. It is characterized by different physiological features and d i v er se species of flora and fauna. One of the peculiar features i s that the l ak e has both fresh and saline water, and the water does not mix at any one Background i nf o rm at i on on L ak e 0 1 B o lossat . t i m e . 1.8 Its water resources support the livelihoods in f ive (5N o .) counties namely; Nyandarua, Laikipia, Samburu, Isiolo and W aj ir . I t also supports tourism-related activities in these counties including among others the scenic 75m Thomson falls, hotels and global ly renowned conservancies such 0 1 Pajeta and Lewa. 1.9 Lake 0 1 Bolossat has been identified as a wetland u nd er t h e National Government and its land was demarcated and i ssued w i th a Title Deed (LR Nyandarua/01 Bolossat/482) measuring approximately 14,700 hectares (147 km̂ or 36,750 acres). 1.10 The protected area is found within Ndaragwa Sub-county (eastern side) and 01 Joro Orok and 01 Kalau Sub-counties (w estern side), Nyandarua County, located 21 km to the south of Nyahururu Town, off the Gil Gil - Nyahururu Highway and 131 km no r th o f area of 147 k m 2 and i s L ocat io n and si ze o f the Pro tected A r ea . Nairobi City. The sub catchment covers an within the 5AA-sub basin of the Ewaso Ngiro North Basin A r ea . W ater shed ar ea .1.11 Lake 01 Bolossat is partly fed by rainfall , sub-surface f l o w and springs from the Aberdare ranges to the east of the l ake. T he area 5 10 Kenya Subsidiary Legislation, 2023 that contributes surface run-off into the Lake has been del ineated through the use of a GIS software. The area measures 134 km^ out of the 1,357 km̂ catchment area of the whole 5AA sub basin. 1.12WRA has taken into account of the considerations provided under the Seventh Schedule of the Water Resources Regulations, 20 2 1 . Criteria Adopted in Identify ing L ake 0 1 Bplossat for Protection. PART II: PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE LAKE OL BOLOSSAT CATCHMENT PROT ECT I ON A REA 2.1 The Lake 0 1’ Bolossat has gently sloping areas that form part of the Kinangop and OF Kalou/ OF Joro Orok plateaus, The gentle slopes and plain-like features encourage the formation of marshlands and swamps. The 01 Bolossat plain was formed through volcanic and faulting activities which gave rise to maj or land forms; the Great Rift Valley to the west and Aberdare ranges to the east . a r e a Physiography. 2.2 Further to the west, the land surface is broken by faults forming a complex of shallow horst and graben stmctures. The graben in which Lake OF Bolossat lies is bounded by weak faulting o n th e west, developing increasingly to the south, and on the east by the Satima Escarpment (36 km-long and 2,500 mask altitude) running south from Thomson’s Falls. 2.3 The lake lies at an average altitude of about 2,340 m ask i . . a wedge-shaped rift valley floor known as Ongata Pusi. I n the south east comer of the area. Mount Kipipiri which is part of the A berdare (Nyandarua) Mountains is 3,349 masl (Birdlife International, 2017) and 914.4 masl from the OF Bolossat plain, is an isolated v o l can i c eminence separated from the Satima massif by the deep clef t of the Wanjohi Valley (McCall, 1967). 2.4 The Nyahumru climate is largely semi-humid. Lake 0 1 Bolossat is located in a high-altitude area bordering the A berdare ranges. These ranges have a great influence on the cl imate of the catchment . The area temperatures. The rainfal l received on the Lake 0 1 Bolossat side of the ranges is minimal as it is on the leeward side of the m o un tai n 2.5 This catchment is within the tropics. Areas within t he Tropic of Capricorn and the Tropic of Cancer experiences a b i - m o d al rainfall regime. This is because of the influence of the Inter-Tropical Convergence Zone (ITCZ). This is a low-pressure belt w i th in the tropics where there is convergence of the northern and southern trade winds. This has an effect on the rainfall and wind pattern s w i thin the areas. These zones experience long rains during the months of Apri l and June w hi le short October and November . 2.6 Rainfall data collected from the AMS Nyahumru rainfall station (ID: 8903068) was used for analysis of the precipitation received m the area. The station is located within Nyahumru Agricultural offices in Nyahumru town. Analysis of rai nf al l trends i provided in Annexures 2 and 3 of the Second Schedule. i n C l im ate . experiences very narrow vari ati ons i n annual r an ges. are experienced during the months ofr a m s R ain f al l . I S 5 11Kenya Subsidiary Legislation, 2023 2.7 The rainfall records from the AM S Nyahururu Station indicates that the basin received an average rainfal l o f 10 2 1 m m o v er the 17 years record. These rainfall records also indicate that the year 2018 was the wettest year with a total rainfall amount o f 1360 m m . 2019 was the driest year within the time series analysed. T he d ata al so show s that there has been var iation i n the amount of r ai n f al l r ec ei v ed i n the basin but the trends have not been consi stent . The past two years have al so received rai nf al l amounts that are below av er age . 2.8 An analysis of the monthly average rainfall indicated t h at the month of August has been the wettest over the years. January is the driest month of the year. The data also shows that the f irst quarter of the year exhibits a trend of steady in the rainfall am o u n t s r ece i v ed . T h e average rainfall is between 0.6 and 5 mm per month over the past 17 y ear s . L and U ses and their potential impact on the protected area. 2.9 According to Lake OT Bolossat Management Plan (2000 2013), there are several land use practices within and ar o u nd the l ak e . These include agriculture, forestry, f ishing, wildlife conservat ion , mining and infrastructural development and have been d escr ib ed i n details in the subsequent sub-sections. The land use practices have impacts on the overall ecosystem integrity. 2.10 The Lake OF Bolossat area is a fertile agricul tural a r e a classified as Agro-ecological zone UH3IV with agriculture, mainly rain fed, being the main land use in Lake OF Bolossat basin and b u t w i t h several areas under irrigation. Crops grown include m aize, beans, wheat, potatoes, pyrethrum and a wide range of vegetables. I n cr eased horticultural activities especially flower farming i n t he area h av e contributed to increase in irrigation activities around th e l ak e . 2.11 Indigenous forest cover in the area has declined tremendously due to human settlement, deliberate fires and indiscriminate felling of trees for f irewood and other uses. H ow ever ; farmers practice agro-forestry and farm forestry on a l imited scale. Key f orests around the l ake include OF B olossat Forest , Ndaragwa Forest and A b erd ar e F o r est . 2.12 The lake still does not support commercial fisheries, b u t there is subsistence fishing particularly in the central and southern parts o f th e l ak e . 2.13 The lake and its catchment are important for wildlife conservation with a variety of wildlife species that i nc l ud e hippopotamus, birds, leopard, and small mammals. The enc r o ac h m ent on the riparian reserve has given rise to human - wildlife co n f l i c t s . 2.14 There is quarrying sites for the production of bui lding materials mostly on public land and within less than 10 0 m f r o m t he lake boundaries. These activities are very detrimental to th e l ak e integrity as they result in siltation of the lake. 2.15 The area around Lake OF Bolossat has witnessed significant land-use changes, which are believed to be the maj or cause of the dwindling Lake volumes. 5 12 Kenya Subsidiary Legislation, 2023 2.16 Lake 0 1 Bolossat is partly fed by rainfall , sub-surface f l o w and surface flows from springs and streams. 2.17 Due to land use and land cover change in the catchment area, the lake is facing the threat of reduced inflows w h i le at t he sam e time water demand is increasing. Other human activities aro u nd th e lake and i ts catchment area includes — quarrying; planting of exotic trees (eucalyptus); catchment degradation due to intensive land pressure, sm al l plot sizes, and charcoal burning; soil erosion due to poor farming methods; encroachment on springs’ sources; pollution of water resources from agro-chemical; encroachment on riparian lands and wetlands; confl icts between farmers/wildlife/pastoralists; and illegal abstraction/poor compliance to water laws 2.18 Section 20 of the Act requires the Authority to prescribe the criteria for classifying water resources for the purposes of determining water resources quality objectives for each cl ass of w ater r e s o u r c e . Vulnerability of the w ater r e s o u r c e . (a) (b) (c) (d) (e) (f ) (g) (h) (i ) T he w ater resource qual ity obj ectives. The Resource Quality Objectives represent the desired statu s o f the resource, covering all aspects of quantity, quality, timing and aquatic biota. The RQO’s are dif ferent for dif ferent c l asses o f w ater resource. The objectives generally relate to the extent to w h i ch t h e water body is allowed to be adversely impacted by water u se w i th respect to its natural state. Conceptually the RQO’s provide a “ target” condition of the resources. Management decisions should b e m ad e su ch that the condition of the resource is progressively trending towards the RQO. The status of the resource is a measure of how f ar the condi tion of the resource is from the RQO. The Ewaso Ngiro North Basin Plan developed by WRA in consultation with various stakeholders, has classified L ake 0 1 B olossat sub-catchment as of high ecological importance. Ecological i mportant areas have almost natural ecological characteristics. T he f o c u s f o r water resources management is the protection of the natural ecol ogical characteristics for ecological, recreational and development o f t o u r i sm with economic importance. Sustainable regional water resources management require c o operation, collaboration and synergy with the Kenya Forest Service, the Kenya Wildlife Service, National and County Governments M D A s, W R U A s and user comm uni ties. 5 13Kenya Subsidiary Legislation, 2023 T he cl ass of the w a te r r e so u r c e .2.19 The present aquifer classification system in Kenya is partly demand-oriented and partly geo-political and entails f i v e c l asses; 2.19.1 STRATEGIC aquifers: Aquifers used to supply significant amounts/proportions of water where there are no alternatives, or where alternatives would take time and money to develop. 2.19.2 MAJOR aquifers; High-yielding aquifers with good qual ity water . 2.19.3 MINOR aquifers: Moderate-yielding aquifers with variable water quality. 2.19.4 POOR aquifers: Low-yielding aquifers with poor reasonable qual ity water . 2.19.5 SPECIAL aquifers: Aquifers or parts of aquifers designated ‘special aquifers’ by the WRA. 2.20 Each is further defined in terms of its status, i .e .: 2.20.1 Satisfactory: No immediate stress, pressure o r th reat . t o a n a r e a t o threat identi f ied or2 .20 .2 A lert : Stress, pressure or anticipated. 2.20.3 Alarm: Water levels declining, water quality declining (stress, pressure or threat identified). 2.21 The Lake 01 Bolossat sub-catchment can be classified a s “Alert” as the water availability is tending towards scarcity and is at times not adequate to meet the demand. L and u ses and their potential impact on the w a t e r r e so u r c e s 2.22 The population around Lake 01 Bolossat which is w i th i n the catchment area has been growing rapidly over the years. Several located within close proximity to thecommercial/trading centres are lake and this has increased the impacts on the lake. the water resources as a result of2.23 The potential impacts on human acts includes; Encroachment: People have encroached on springs and(a) w ater w ay s . Overexploitation of available resources: The population i n the area has been rapidly growing over the years. This l ead s to excessive pressure on available land and water resources leading to encroachment of the lake catchment and riparian r e se r v e . Soil Erosion: Following uncontrolled farming and other human activities, soil erosion leads to siltation of t he L ak e hence affecting its overall depth and water levels. (b) (c) 5 14 Kenya Subsidiary Legislation, 2023 (d) Deforestation; The forest cover around the Lake, the immediate catchment areas as well as the wider catchment has been depleted due human activities. Forests have b een cleared to give way for farmlands, settlements charcoal burning and timber. as w el l as (e) Water Pollution: Due to excessive economic activities around the Lake, the water has been polluted. The farms i n the surrounding area use pesticides and herbicides w h i c h eventually find their way into the Lake and leading pollution. Other pollutants include solid washed into the Lake by runoff water during rains. t o w aste t h at i s PART III: MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE PROTECTED AREA 3.1 The activities to be undertaken within the Protected those with zero impact on its ecological status and integrity. The following activities are hereby specifically prohibited groundwater conservation A r ea ar e Proscri bed A ct i v i t ies i n the a r e a — (i) tillage or cultivation; (ii) clearing of indigenous trees or vegetation; (ill) building of permanent structures (especially boreholes and houses); (iv) disposal of any form of waste; (v) excavation of soil or development of quarries; (vi) planting of exotic species that may have adverse ef f ec t to the water resource; and (vi i) land reclamation. 3.2 The catchment protection plan aims at protecting L ak e 0 1 Bolossat catchment by encouraging activities that enhance both w ater quality and quantity while promoting beneficial land and w ater management practices and discouraging activities that c au se c atc h m ent C atc hm ent Protection Plan. shnll Tn̂i protection activities planned to be undertaken £hedu"e contained under Annexure 5 of the Second 3.3 The objective of the conservation plan is to provide a long term environmental sustainability of the catchment for enhanced water Î d̂flunâ ' maintain its ecological functions in terms o f f lo r a activitks- plan includes the following C onserv ati on Plan . (a) enhancing implementation of existing regulations the rights of all users; to protect 5 15Kenya Subddiary Legislation, 2023 (b) pfeiiiating Water Use effieiency that is hydrologically and eeondmically bgiiefiGial te domestie, agricultural, an d industrial Water Users and the environment; and (c) identifying funding sources to implement water conservation programs! that Help to enhance water resources, under the conservation Plan are contained under AnnOxUre 4 Of the Second Schedule. 3 4 The OBjeetiVe Of the monitoring plan is to collect w a t e r data and maintain a eomprehensive database on the Lake o i catchment that pfOvides Information on water levels and quality as Well as catchment health; The particulars Of the Catchment and Water Resources Monitoring Plan are contained Undef Annexure 6 of the Second Schedule. A ct i v i t ies C atchm ent and W ater Resources M onitoring.r e s o u r c e s B o l o ssat Establi shment and operationalization of management Structu re . 3.5 The Objective Of the ffl ahagement structure is to ensure that the Lake 01 Moiossat catchment protected af@a i§ managed sustainable mannCr With the involvement Of all stakeholders Under the leadership and co-ordination of WRA - TBA. This will be achieved through— i n a (a) setting up the management structure with defined T oR s and mandates; and (b) OpefatiOhalization of the maHagemeht strUctUfe as set out under Annexure 7 of the Second Schedule. WRA as the agent of the National Govemnaent in the regulation Of use and management Of Water resources. Will be the Coordinator of the committee. The members appointed to the Management Committe e will serve on honorary basis as this will be a not for profit, non commercial venture. The Committee Will Be redUlrgd to sol ici t f or funding from weil-wishers ahd Other sources to Supplement the iHCOffl e that may be derived froni activities Rem itted in ̂ protected The linkages between various stakeholders are represented urt d§r Annexure 8 of the Second Schedule. The arrows indicate the di rect ion of flow of information. The dotted lines indicate WRUA c an al so Communicate directly to communities and vice versa. 3.6 The matrix contained under AnheXUre 9 of the Second Schedule shall be adopted for Monitoring and Evaluation to capture detail of the progress of implementation of the planned act iv i t ies. 5 16 Kenya Subsidiary Legislation, 2023 ANNEXURE 1: THE LAKE OL BOLOSSAT CATCHMENT PROTECTION A R E A Legend Catc hment out let R iv e rs 1 Watershed boundary 3 1,5 0 3 Kilometers 5 17Kenya Subsidiary Legislation, 2023 ANNEXURE 2: ANNUAL RAINFALL AT AMS NYAHURURU RAINFALL ST A T I O N Total rainfall received annually (AMS Nyahururu rainfall station) 16 0 0 14 0 0 1 2 0 0 :o o o =S 800 c ■(TiSOO o ' 4 0 0 2 0 0 0 ANNEXURE 3; MEAN MONTHLY RAINFALL AT AMS NYAHURURU R A I N F A L L ST A T I O N Average monthly rainfall 6 5 4 E E = 3 (0 c (Q cc I 2 1 I 0 Oct Nov DecJul Aug SepFeb Mar Apr May JunJan Month 5 18 Kenya Subsidiary Legislation, 2023 ANNEX URE 4; CONSERVATION PLAN Activi ty Sub-activity T i m e F r a m e Cost (KSh.) Responsibi l ity Establ i sh the w ater b al ance A ssess demand and avai labi li ty 20 24 2,000,000 WRA, County Government , WRUA , KW S, K F S Develop water allocation plan for t he L ak e 0 1 B o l o ssat Develop Water A l l o c at i o n P l an 20 24 5 ,000 ,000 WRUA , WRA , KWS, County Government , Implement water al l ocation p lan Enforce permit c o n d i t i o n s co n t i nuo u s 15 ,000 ,000 WRA , WRUA , co n t i nuo u s 10 ,000 ,000 WRA , WRUA , Enhance W ater use eff iciency (introduction of technologies) Sensi t ization and model w ater use uni ts irrigation, domestic D em onstration on ef f icient w ater use C o nt i n uo u s 8,000,000 WRA , WRUA , County G o v er n m en t technology A l ter n at i v e l i v el i h o o d act i v i t i es Promote eco-touri sm, bee keeping, poultry farming and butterfly keeping. C o n t i n uo u s 10 ,000 ,000 WRA , KWS, W RU A , Agriculture and l i v esto ck Re-vegetation of the catchment area Establ i sh nati ve Plant C o nt i n uou s 2,000,000 WRUA, WRA , Propagation K F S Planting and growing propagated seedlings (Watering and tending) Exotic species control Continuous 5,000,000 WRUA o f Continuous 500 ,000 W R U A Rain water storage enh anc em ent . I nstal l ation of 20 l Om^Rain water harvesting tanks in publ ic institutions/public l an d Construction of 2N o . 10,000m ̂water pans C o nt i n u ou s 4 ,000 ,000 WRA, County G o v er n m ent an d W R U A Continuous 10 ,000 ,000 WRA, County G o v er n m en t and W R U A . T o tal 7 1,500 ,000 5 19Kenya Subsidiary Legislation, 2023 A N N EX U RE 5 : CA T CH M EN T PROT ECT IO N PL A N Sub-activity Responsibil ityCost (KSh.)T im e F r am eActivity 2 ,000 ,000 W RA , W R U A , Nyandarua County L ands and Survey T eam Del ineate and survey t he l ak e ’ s c atch m en t a r e a . 1 Y earG azettement of L ak e 0 1 B o lo ssat C atc h m en t as a protected area W RA , K W S, W R U A , N EM A , County Government , 300 ,000C o n t i nu ou sC reate aw ar eness o n the statu s o f the l ak e ’ s c atc hm en t ar ea . W R A w i th al l stak eho l der s 1,500 ,00020 2 3Develop guidel ines an d co n serv at i o n / protection plan through stakeholders’ en g ag em en t Submit gazettement i n str um en t t o t he A G W R A500 ,00020 2 3 WRA , County Govt , N EM A K W S . 5 ,000 ,000Enf orce L ake 0 1 Bolossat M anagement Guidel i nes and relevant legislations c o n t i nu o u sE n f o r cem en t o f L ak e 0 1 B o l o ssat c atch m en t guidel ines and other legi slations Restricting ac t i v i t i es t h at may lead to pollution and d est r uc t i o n o f t he c atc h m en t . WRA , County G overn ment , K W S, K FS, W R U A . 1,000 ,000AnnuallyPu b l i c c reat i o n a w a r e n e s s WRA , County Govt , KWS, KFS, W R U A . 300 ,000C o nt i n u ou sControl s/restr ictions on charcoal burning, grazing, bathing and farming near sensitive a r e a s . County Co m m i ssi o ner , 500 ,000QuarterlyE nf o rc em en t KW S, W R A K FS, NE M A W R U A . NL C , W RA , County G o v er n m en t . 5 ,000 ,000Review legality of titles and resolving C o nt i nu o u sControll ing enc r o ac h m en t and rev iew of gr an ts Controll ing access to the lake riparian reserve WRA , County G o v er n m en t 30 ,000 ,000Fence off the lake and 3 years its riparian reserve to co n tr o l acc ess Grow l ive f ence on Conti nuous the boundary of the c atch m en t . W RA , K FS, W R U A 3,000,000 T o tal 49 ,100 ,000 52 0 Kenya Subsidiary Legislation, 2023 A N N E X U R E 6 : C A T C H M E N T A N D W A T E R R E SO U R C E S M O N I T O R I N G PL A N A c t io n Sub -a c t i v i t i es T im e F r a m e Cost (K Sh .) Responsible Col lecting sampling andl resources samples. analysis W ater C o n t i n uo u s 200 ,000 W R Aw a t e r Conduct biological and physico-chemical analysis of water samples C o nt inu o u s 500 ,000 W R A Capacity Bui lding Capacity bui lding on d ata c o l l ec t i o n and C o n t i nu ou s 1,000 ,000 stak eh o l d er s and W R A monitoring W ater r e s o u r c e s monitoring I n st al l w ater l ev e l 1 year 1,500 ,000 W RA , W RU A gauging stations at strategic locations in t he sub c atch m en t T o tal 3 ,200 ,000 5 2 1Kenya Subsidiary Legislation, 2023 ANNEXURE 7; MANAGEMENT STRUCTURE C o st (KSh.) Responsibil ityT i m e F r am eSub-acti vi tyActivi ty W R A250 ,0003 m o n th sAppoint one Member from each of the following st ak eh o l d er s: (a) Kenya Eorest Service (b) National Environment Mgt Authority (c) National Government A dmi nistrat ion i n Nyandarua County; (d) Kenya Wildlife Service; (e) County Government of Nyandarua; (f) Lake 0 1 Bolossat WRUA; (g) Oraimutia WRUA Terms of References (ToR) w i l l include but not l im ited to : ■ To manage the catchment prudently on behalf of other stak eh o l d er s ■ To submit quarterly reports to W RA - EN N B A on al l planned and implemented activ it ies; ■ To develop by - laws and submit a copy to WRA ABA for approval before implementation Mandate and responsibilities: ■ Promote the conservat ion and protection of the c atc h m en t ■ Promote equitable di str ibution of the resources w i thi n the catchment ■ Promote socio-economic and env i ronmental sustainabil ity of the catchment ; ■ Resource mobi lization and fundraising Setting up the m anagement st r u c t u r e W R A0C o n t i nu o u s L ak e 0 1 B o l o ssat W RU A , W R A 0C o n t i n uo u s 52 2 Kenya Subsidiary Legislation, 2023 The sources of f unds for the committee may include: ■ Bee keeping ■ Tree Nursery ; ■ Eco-tourism; ■ W el l -w ishers/D onors ■ WRAAVRUA - (WDC) Conti nuous 5 ,000 ,000 W R A Sub - to tal 5 ,250 ,000 5 2 3Kenya Subsidiary Legislation, 2023 ANNEXURE 8: REPORTING L INKAGES FOR THE M ANAGEM ENT COM M ITTEE ST A K E H OL D ERS W R A t W R U AM A N A G E M E N T C O M M I T T E E i C O M M U N I T Y N o te : (i) The arrows indicate the direction of flow of information. T he d o t ted l i nes indicate WRUA can also communicate directly to communities and v i c e v e r s a ; (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the co-ordinator o f t he co m m i t t ee . The members appointed to the Management Committee will s e r v e o n honorary basis as this will be a non-profit, non-commercial v en tu r e . T h e Committee will be required to solicit for funding from w el l - w i sher s and o ther sources to supplement the income that may be derived f r o m ac t i v i t i es permitted in a protected area. 524 Kenya Subsidiary Legislation, 2023 A N N EX U RE 9 : M ON IT ORI N G A N D EV A L U A T ION T EM PL A T E A c t i v i t i es Imp lementation Sc h ed u l e Status (% Planned Completion) Cost K Sh . Total Source of Expendi ture funds to D a te Output C o m m en ts Star t D ate E nd D ate Dated the 17th July , 2023. M OHAM ED M . SHURIE, Chief Executive Off icer , Water Resources Author ity. L eg a l N o t i c e N o . 1 17 T H E W A T E R A C T (No. Al, of 2016) IN EXERCISE of the powers conferred by section 23(1) o f t he Water Act, 2016, the Water Resources Authority makes the fol lowing O r d er — THE KARAI WETLAND CONSERVATION AREA ORDER, 2023 This Order may be cited to as the Karai Wetland Conservation Area Order , 2023. 2. In this Order, except where the context otherwise requires Act” means the W ater Act , 2016; “ asso c i at i o n registered by the Authority in accordance with the A ct ; “Authority” means the Water Resources Authority established under section 11 of the Act; “basin area” means the area designated by the Authority Basin Area under section 24 (1) of the Act; “Protected Area” means the area declared to be a protected a r e a under paragraph 4 and is demarcated for protection and c o n ser v at i o n within the Karai Wetland Conservation Management Plan; 1 . C i tat io n . I nterpretation. N o .4 3 o f 20 16 m ean s a w ater reso ur ces u ser s assoc i at i o n a s a