The Marura (Ewaso Narok) Swamp Catchment Protection Area Order, Legal Notice no. 107 of 2023

Kenya Subsidiary Legislation, 2023 470 TABLE 7: MONITORING AND EVALUATION TEMPLATE Activities Implementation Schedule Status (% completion) Planned Cost Ksh. Total expenditure to date Source of funds Output Comments Start date End date Dated the 14th June, 2023 MOHAMED M. SHURIE, Chief Executive Officer, Water Resources Authority. LEGAL NOTICE NO. 107 THE WATER ACT (No. 43 of 2016) IN EXERCISE of the powers conferred by section 22(1) of the Water Act, 2016, the Water Resources Authority makes the following Order — THE MARURA (EWASO NAROK) SWAMP CATCHMENT PROTECTION AREA ORDER, 2023 1. This Order may be cited as the Marura (Ewaso Narok) Swamp Catchment Protection Area Order, 2023. Citation. 2. In this Order, unless the context otherwise requires— Interpretation. “Act” means the Water Act, 2016; No. 43 of 2016. “association” means a water resources users association registered by the Authority in accordance with the Act; “Authority” means the Water Resources Authority established under section 11 of the Act; “basin area” means the area designated by the Authority as a basin area under section 24 of the Act; “protected area” means the area declared to be a protected area under paragraph 4 of this Order and is demarcated for protection and conservation within the Marura (Ewaso Narok) Swamp Catchment Management Plan; “Plan” means the Marura (Ewaso Narok) Swamp Catchment Management and Conservation plan set out in the Second Schedule; Kenya Subsidiary Legislation, 2023 471 “riparian reserve” means land in respect of which management obligations are imposed on users or owners by the Authority due to its proximity to the protected area; “soil and water conservation plan” means soil and water Conservation Plan as defined in regulation 2 of the Water Resources Regulations, 2021; and LN. 170 of 2021. “sub-basin Area” means the area designated by the Authority as a basin area under section 24(2) of the Act. 3. This Order shall apply to the National Government, national government entities, county governments, county government entities and any other person being a user of water resources and the riparian reserve of the protected area. Application of this Order. 4. (1) The Marura (Ewaso Narok) Swamp Catchment Protection Area is declared to be a protected area for the purposes of the Act. Declaration of protected area. (2) The area declared in sub paragraph (1) shall be as per the extent and description set out in the First Schedule and is demarcated for protection and conservation within the Marura (Ewaso Narok) Swamp Catchment Management Plan. 5. (1) The Plan set out in the Second Schedule shall, without prejudice to the provisions of the regulations developed under the Act, be the basis for protection, conservation and use of the water resources within the protected area. Marura (Ewaso Narok) Swamp Conservation Plan. (2) The Authority shall place signboards and beacons in or near the protected area or in appropriate public places frequented by land and water users and at the Authority’s offices to display up-to-date information about the condition of the water resources of the protected area. (3) The public notices shall contain information regarding the action required of water and land users to conserve and protect the water resources of the protected area. 6. A person who contravenes this Order commits an offence and shall, upon conviction, be liable to a fine of twenty thousand shillings or imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Offence. 7. The Marura (Ewaso Narok) Swamp Catchment Protection Area Order, 2022 is revoked. Revocation. L.N. No. 220 of 2022. Kenya Subsidiary Legislation, 2023 472 FIRST SCHEDULE THE MARURA (EWASO NAROK) SWAMP CATCHMENT PROTECTED AREA (p.4) Kenya Subsidiary Legislation, 2023 473 NOTE: (i) The Protected Area is commonly known as Ewaso Narok (Marura) swamp and is partly located in Thome Sub-Location of Mutara location, Maundu Ni Meri and Sosian Sub-Locations of Sosian location all within Rumuruti Division of Laikipia West Sub County, Laikipia County. The swamp is formed at the confluence of Ewaso Narok, Pesi and Aiyim rivers and is partly within the 5AA and 5AC sub basin of Ewaso Ngiro North Basin Area (Rumuruti Sub Basin Area Office). The land area protected is approximately 24 km2 (2,400 Hectares). (ii) The area that contributes surface run-off into the wetlands has been delineated through the use of Arc SWAT software. The drainage area upstream of the swamp measures 1,717.7 square kilometres and which contributes surface water flows into the swamp. The map shows the area of the swamp and the upstream catchment area that contributes flows into the swamp. Kenya Subsidiary Legislation, 2023 474 SECOND SCHEDULE (p.2, 5) THE MARURA (EWASO NAROK) SWAMP CATCHMENT MANAGEMENT PLAN PART I: INTRODUCTION 1.1 Citation This Plan may be cited as the Marura (Ewaso Narok) Swamp Catchment Management Plan. 1.2 Acronyms The following acronyms shall have the meanings as assigned below: AEZ Agro-Ecological Zone ENNBA Ewaso Ngiro North Basin Area KFS Kenya Forest Service Km2 Square Kilometer L. N. Legal Notice m.a.s.l. meters above sea level M3/d Cubic meters per day M3/s Cubic meters per second Mm3 million cubic meters MoA Ministry of Agriculture MoL Ministry of Lands NEMA National Environment Management Authority NGAO National Government Administration Officer NLC National Land Commission °C Degrees Celsius Q50 Flow that is equaled or exceeded 50% of the time Q80 Flow that is equaled or exceeded 80% of the time Q95 Flow that is equaled or exceeded 95% of the time RGS Regular Gauging Station RQOs Resource Quality Objectives ToR Terms of Reference WDC WRUA Development Cycle WRA Water Resources Authority WRUA Water Resources Users Association WRM Water Resources Management. 1.3 Application of the Plan This Plan shall apply in respect to the management and use of the Marura (Ewaso Narok) Swamp Catchment Protected Area. Kenya Subsidiary Legislation, 2023 475 1.4 Objectives The objectives of this Plan are─ (i) to enhance implementation of existing regulations to protect the rights of all users; (ii) to promote water, use efficiency that is hydrologically and economically beneficial to domestic, agricultural, and industrial water users and the environment; and (iii) to identify funding sources to implement water conservation programs that help to enhance water resources 1.5 Background information A catchment area is defined as the land from which water naturally flows into a water course. The status and conditions of a catchment determines the reliability, 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 rivers, springs and ground water storage in both shallow and deep aquifers. This sub-surface flow is slow resulting in rivers from a well-maintained catchment having higher base flows even during the dry season as well as 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 is little storage in such a catchment, the rivers originating from such catchment will not be able to sustain their base flows during the dry season. Catchment areas are thus a vital component in water resource management, and they should be formally delineated, declared as protected areas by being gazetted as such, protected from encroachment and pollution and managed sustainably to maintain their ecological integrity. 1.6 Location and size of the Protected Area The Ewaso Narok (Marura) Swamp (here after referred to as the “swamp”) is located within Maundu Ni Meri and Sosian sub locations of Sosian Location and Thome Sub-Location of Mutara location within Laikipia County. The area lies within Ewaso Narok 5AA sub basin and Pesi 5AC sub basin and is part of the Ewaso Narok River system. The land area is in the form of a basin-like depression with an outlet to the north-east into Ewaso Narok River. The swamp is normally covered with vegetation, mainly the Marura plant, from which it derives its name. 1.7 Watershed area The area that contributes surface run-off into the wetlands has been delineated through the use of Arc SWAT software. The drainage area upstream of the swamp measures 1,717.7 square kilometres and which contributes surface water flows into the swamp. The map shows the area of the swamp and the upstream catchment area that contributes flows into the swamp. 1.8 Criteria Adopted in Identifying Ewaso Narok (Marura) Swamp for Protection (L.N. 170 of 2021) WRA has taken into account of the considerations provided under the Seventh Schedule of the Water Resources Regulations, 2021. PART II: PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE EWASO NAROK (MARURA) SWAMP CATCHMENT PROTECTED AREA 2.1 Physiography The Ewaso Narok river catchment area elevation ranges from a low of 1791 m.a.s.l at the swamp and rises to a high of 2893 m.a.s.l to the south west of the catchment around the Aberdare’s (source of Ewaso Narok and Pesi rivers) and with a mean Kenya Subsidiary Legislation, 2023 476 elevation of 2056 m.a.s.l. The catchment is leaf shaped and extends upstream in north south direction with a length of 75 kilometres (see the map above) and a width of 35 kilometres at its widest. 2.2 The slope ranges between 1.2% to 8% with the steeper slopes found on the upstream part of the catchment. The catchment drains in a northerly direction, where the rivers form the Ewaso Narok River that confluences with Ewaso Ngiro River further to the north to form the main Ewaso Ngiro North River. 2.3 Climate The climate around Rumuruti area is classified under the Köppen and Geiger climate classification system. The average annual temperature in Rumuruti is 18.3 °C, with March being the hottest month of the year at an average temperature of 19.6 °C and August being the coldest month of the year with an average temperature of 17.1 °C. Table 1 and the figure below it set out in the Annexure to this Schedule shows the monthly average temperatures within Rumuruti. 2.4 Rainfall The Ewaso Narok sub catchment lies within the agro-ecological zones (AEZ) IV UM which is mainly dry with grassland and shrubs and suitable for livestock rearing. In general, the area is characterized by moderate rainfall with annual rainfall of 708 mm (Rumuruti Ministry of Works No. 8936064). April to June and October to December are wet or rainy seasons with maximas occurring in April and November respectively and with continental rains which are low occurring in between the two maximas. Table 2 and the figure below it set out in the Annexure to this Schedule show the mean monthly rainfall and humidity at Rumuruti. 2.5 Vegetation The same area is currently characterized by land transformation into small-scale cultivation drawing water from the swamp. The number of farmers practicing crop farming has been increasing over the years posing a threat to the survival of the swamp. 2.6 Vulnerability of the water resource Ewaso Narok River has a Regular Gauging Station 5AC15 located at coordinates E036.800000, S01.272778 (37M 0255194.5, 9859215) at an elevation of 1705 m.a.s.l near Rumuruti Town and approximately 1 km upstream of the swamp. The station has daily discharge data starting from 1982 to the current. On the other hand, Pesi river has a Regular Gauging Station 5AB02 located at coordinates 37N 0232941, 0022450 (E036.600696, N00.202931) at an elevation of 1868 m.a.s.l approximately 9.5 kilometres upstream of the swamp. The station has daily discharge data from 1959 to date. 2.7 The encroachment on the Ewaso Narok swamp riparian and catchment land through cultivation, livestock grazing, harvesting of indigenous plants and the planting of exotic tree species has resulted into reduced recharge into the ground, lowering of the water table and a decrease in the discharge of the Ewaso Narok River downstream of the swamp. Kenya Subsidiary Legislation, 2023 477 2.8 In order to have a clear understanding of the water resources availability in the Ewaso Narok swamp catchment, the available data for 5AB04 and 5AC15 stations was used. Table 3 in the Annexure to this Schedule shows the flow duration analysis for Pesi and Ewaso Narok rivers. 2.9 The water resource quality objectives and the current status of the water resource 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 class of water resource. The Resource Quality Objectives represent the desired status of the resource, covering all aspects of quantity, quality, timing and aquatic biota. The RQO’s are different for different classes of water resource. The objectives generally relate to the extent to which the water body is allowed to be adversely impacted by water use with respect to its natural state. Conceptually the RQO’s provide a “target” condition of the resources. Management decisions should be made such that the condition of the resource is progressively trending towards the RQO. The status of the resource is a measure of how far the condition of the resource is from the RQO. Initially, RQOs shall be determined at the nodes where the Reserve flows are being determined. 2.10 Initially, RQOs shall be determined at the nodes where the Reserve flows are being determined, in this case at RGS 5AB04 and 5AC15. According to the ENNBA CMS (2014 - 2022) Ewaso Narok Management Unit is classified as of high Ecological importance. These are areas with almost natural ecological characteristics. The focus for water resources management is the protection of the natural ecological characteristics for ecological, recreational and development of tourism with economic importance. Key water resources issues include: (a) water scarcity; (b) catchment degradation; (c) erosion; (d) encroachment of water bodies and Land tenure around the swamp; (e) human activities in Ewaso Narok swamp affect the role of swamp; (f) social conflicts due to over abstraction. 2.11 Sustainable regional water resources management of these units would require cooperation collaboration and synergy with the Kenya Forest Service, the Kenya Wildlife Service, Counties, user communities. 2.12 The class of the water resource The present aquifer classification system in Kenya is partly demand-oriented and partly geo-political and entails five classes: 2.12.1 STRATEGIC aquifers: aquifers used to supply significant amounts/proportions of water to an area where there are no alternatives, or where alternatives would take time and money to develop. 2.12.2 MAJOR aquifers: high-yielding aquifers with good quality water. Kenya Subsidiary Legislation, 2023 478 2.12.3 MINOR aquifers: moderate-yielding aquifers with variable water quality. 2.12.4 POOR aquifers: low-yielding aquifers with poor to reasonable quality water. 2.12.5 SPECIAL aquifers: aquifers or parts of aquifers designated ‘special aquifers' by the WRA. 2.13 Each is further defined in terms of its status, i.e.: 2.13.1 Satisfactory: no immediate stress, pressure or threat. 2.13.2 Alert: stress, pressure or threat identified or anticipated. 2.13.3 Alarm: water levels declining, water quality declining (stress, pressure or threat identified). 2.14 The Ewaso Narok sub-catchment can be classified as “Alert” as the available water is at times not of adequate quantity and quality to meet the demand. The water availability is relatively good in terms of quantity and quality in the upper parts of the river but deteriorates as the river flows downstream due to pollution. 2.15 Land uses and their potential impact on the water resources Human Settlement: Ewaso Narok swamp is within a predominantly rural setting where the main economic stay is agriculture, with irrigation adding reliability and increasing the yields. Due to the economic gains from the agriculture due to low production costs, the area has attracted a lot of farmers with pressure increasing on land availability leading to encroachment on the swamp and more water abstractions leading to reduced water resources availability downstream. 2.16 Exotic species of plants: There exist numerous exotic species of trees which are unsuitable in a water catchment area, especially near wetland, which include the eucalyptus trees. PART III: MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE MARURA (EWASO NAROK) CATCHMENT PROTECTION AREA 3.1 Authorised and Prohibited Activities The activities to be undertaken within the protected area are those with zero impact on its ecological status and integrity. The following activities are hereby specifically prohibited in the protected area: (i) tillage or cultivation; (ii) clearing of indigenous trees or vegetation; (iii) 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 effect to the water resource; (vii) land reclamation. 3.2 Conservation Plan The objective of the conservation plan is to protect the long-term environmental sustainability of the catchment for enhanced water resources yield and maintain its ecological functions in terms of flora and fauna. This will be achieved through— (a) demarcation of the wetland and its riparian zone and fence it off; Kenya Subsidiary Legislation, 2023 479 (b) gazettement of the swamp as a protected water catchment area; (c) enforcement of the Ewaso Narok swamp management plan; and (d) control water resources abstraction from the swamp. In the development of the management programmes, care has been taken to ensure that there are explicit and logical links between the vision statement, management objectives, and the management strategies to achieve the objectives. Each management programme is discussed in further detail under Table 4 in the Annexure to this Schedule. 3.3 Rehabilitation Plan The objective of the rehabilitation plan is to ensure the wetland achieves its optimal performance level. This will be achieved through: (a) removal of all inappropriate/invasive species of plants; (b) re-vegetation of the swamp with water friendly/native species of trees and vegetation; and (c) development of alternative livelihoods to discourage farming within the swamp. The Rehabilitation Plan is set out in Table 5 in the Annexure to this Schedule. 3.4 Catchment and Water Resources Monitoring Plan The objective of the monitoring plan is to collect and analyse catchment and water resources data to provide information on water discharge, water quality and catchment health as a response to human activities within the neighbourhood. This will be achieved through: (a) establishment of a telemetric regular gauging station on Ewaso Narok and Pesi river upstream and downstream of the swamp to monitor water quantity and quality; (b) upgrading of the Rumuruti MoW rainfall station to a fully telemetric hydro meteorological station to monitor precipitation, evaporation, humidity and temperature. The catchment and water resources monitoring plan is set out in Table 6 in the Annexure to this Schedule. 3.5 Establishment and Operationalization of Management Structure The objective of the management structure is to ensure that the Ewaso Narok swamp catchment protected area is managed in a sustainable manner with the involvement of all stakeholders under the leadership and coordination of WRA - ENNBA. These plan envisage a budget of Kes 75,700,000 to implement it in the medium term (approximately 5 years). The management will need to raise the funds through various activities and events. This will be achieved through: (a) setting up the management structure with defined ToRs and mandates; (b) development and implementation of resource mobilization strategies to raise funds for the management and conservation of the protected area; Operationalization of the management structure shall be as set out under Table 7 in the Annexure to this Schedule. Kenya Subsidiary Legislation, 2023 480 3.5.1 WRA as the agent of the National Government in the regulation of use and management of water resources, will be the coordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a not for profit, non-commercial venture. The Committee will be required to solicit for funding from well-wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. The linkages between various stakeholders are represented under Figure 2 in the Annexure to this Schedule. The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. 3.6 Monitoring and Evaluation Matrix The matrix in Table 8 of the Annexure to this Schedule shall be adopted for Monitoring and Evaluation to capture detail of the progress of implementation of the planned activities. Kenya Subsidiary Legislation, 2023 481 ANNEXURE FIGURE 1: WATERSHED AREA Kenya Subsidiary Legislation, 2023 482 TABLE I: MEAN TEMPERATURES AND SUNSHINE HOURS AT RUMURUTI Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mean 18.4 19.2 19.6 19.2 18.8 18 17.2 17.1 18 18.4 17.5 17.7 Min 12 12.3 13 13.9 13.7 12.9 12.3 12.2 12.1 13 13.3 12.6 Max 24.7 26 26.1 25.1 24.4 23.5 22.4 22.4 23.8 24 22.6 23.3 Sun hours (Hrs) 10.1 10.5 10.1 9.4 9.6 9.2 8.3 8.4 9.7 9.3 7.9 8.8 Kenya Subsidiary Legislation, 2023 483 TABLE 2: MEAN MONTHLY RAINFALL AND HUMIDITY AT RUMURUTI Mean Monthly Rainfall and Humidity at Rumuruti Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Rainfall (mm) 27.4 30.8 49 108.6 66.9 54.5 87.9 86.3 43.9 48.6 73.2 30.9 708 Humidity 57% 52% 55% 64% 64% 65% 69% 70% 61% 62% 73% 67% 63% Mean Monthly Rainfall and Humidity at Rumuruti TABLE 3: SURFACE WATER AVAILABILITY FOR NYAMASARIA RIVER Allocation Allocated Balance Q95 Reserve 15,206 0 15,206 Q80 Normal Flow 7,517 7,517 Q50 Flood Flow 20,218 20,218 Mean 6.265 Standard Deviation 14.215 Kenya Subsidiary Legislation, 2023 484 Surface water availability for Pesi River (Rgs5ab02) Probability of non exceedance Probability of exceedance Flow Flow Available for allocation Days Total volume Volume per year % % m3/s m3/day m3/s nos Million m3 Million m3 99% 1% 7.731 667,916 3.65 2.44 133.3 95% 5% 2.792 241,229 18.25 4.40 130.9 90% 10% 1.730 149,472 36.50 5.46 126.5 85% 15% 1.255 108,449 54.75 5.94 121.0 80% 20% 1.028 88,836 73.00 6.49 115.1 75% 25% 0.869 75,082 91.25 6.85 108.6 70% 30% 0.756 65,318 109.50 7.15 101.7 65% 35% 0.678 58,579 127.75 7.48 94.6 60% 40% 0.606 52,358 146.00 7.64 87.1 55% 45% 0.552 47,693 164.25 7.83 79.5 50% 50% 0.497 42,941 20,218 182.50 7.84 71.6 45% 55% 0.435 37,593 200.75 7.55 63.8 40% 60% 0.385 33,264 219.00 7.28 56.2 35% 65% 0.352 30,413 237.25 7.22 49.0 30% 70% 0.314 27,130 255.50 6.93 41.7 25% 75% 0.291 25,142 273.75 6.88 34.8 20% 80% 0.263 22,723 7,517 292.00 6.64 27.9 15% 85% 0.236 20,390 310.25 6.33 21.3 10% 90% 0.213 18,395 328.50 6.04 15.0 5% 95% 0.176 15,206 0.000 346.75 5.27 8.9 1% 99% 0.117 10,109 361.35 3.65 3.7 Kenya Subsidiary Legislation, 2023 485 Surface water availability for Pesi river (RGS5AB02) Surface water availability for Ewaso Narok river (RGS5AC15) Allocation Allocated Balance Q95 Reserve 43,114 0 43,114 Q80 Normal Flow 5,702 5,702 Q50 Flood Flow 25,056 25,056 Mean 6.265 Standard Deviation 14.215 Surface water availability for Ewaso Narok river (RGS5AC15) Probability of non exceedance Probability of exceedance Flow Flow Available for allocation Days Total volume Volume per year % % m3/s m3/day m3/s nos Million m3 Million m3 99% 1% 32.606 2,817,117 3.65 10.28 324.0 95% 5% 14.989 1,295,015 18.25 23.63 313.7 90% 10% 7.067 610,606 36.50 22.29 290.1 85% 15% 4.371 377,654 54.75 20.68 267.8 80% 20% 2.802 242,093 73.00 17.67 247.1 75% 25% 2.091 180,662 91.25 16.49 229.4 70% 30% 1.651 142,646 109.50 15.62 213.0 Kenya Subsidiary Legislation, 2023 486 Probability of non exceedance Probability of exceedance Flow Flow Available for allocation Days Total volume Volume per year % % m3/s m3/day m3/s nos Million m3 Million m3 65% 35% 1.324 114,394 127.75 14.61 197.3 60% 40% 1.068 92,275 146.00 13.47 182.7 55% 45% 0.921 79,574 164.25 13.07 169.3 50% 50% 0.855 73,872 25,056 182.50 13.48 156.2 45% 55% 0.791 68,342 200.75 13.72 142.7 40% 60% 0.711 61,430 219.00 13.45 129.0 35% 65% 0.686 59,270 237.25 14.06 115.5 30% 70% 0.636 54,950 255.50 14.04 101.5 25% 75% 0.618 53,395 273.75 14.62 87.4 20% 80% 0.565 48,816 5,702 292.00 14.25 72.8 15% 85% 0.565 48,816 310.25 15.15 58.6 10% 90% 0.521 45,014 328.50 14.79 43.4 5% 95% 0.499 43,114 0.000 346.75 14.95 28.6 1% 99% 0.438 37,843 361.35 13.67 13.7 Kenya Subsidiary Legislation, 2023 487 Surface water availability for Ewaso Narok river (RGS5AC15) TABLE 4: CONSERVATION PLAN Activity Sub-activity Timeframe Cost Responsibility Demarcate the wetland and its riparian zone. Undertake cadastral survey of the area and place beacons along the boundary. 1 Month 750,000 WRA, SoK Develop the PDP for the demarcated wetland area. 1 month 1,000,000 CGL, MoLS, WRA Liaise with NLC for the revocation of any privately held title deeds and acquire a title deed (in trust) for the wetland. 3 Months 500,000 WRA, NLC Fence off the demarcated area. 1 Month 35,000,000 WRA, ENWRUA Place signs and notices to warn the public that this is a protected area. Continuous 250,000 WRA, ENWRUA Gazette the Ewaso Narok Wetland as a protected water catchment area. Assess the status of Ewaso Narok Wetland. 1 month 300,000 WRA Create awareness on the status of the wetland. Continuous 500,000 WRA, WRUA Develop guidelines and conservation plan through stakeholders’ engagement. 2021 2,500,000 WRA with all stakeholders Submit gazettement instrument to the Cabinet Secretary in charge of water. 2021 200,000 WRA Enforce the Ewaso Narok wetland guidelines. Create awareness to stakeholders the wetland guidelines and conservation plan. 2022 500,000 WRA Enforce Ewaso Narok wetland protected area guidelines, management plan and relevant legislations. Continuous 0 WRA, National Govt Kenya Subsidiary Legislation, 2023 488 Activity Sub-activity Timeframe Cost Responsibility Control water resources abstraction. Enforce requirements for acquiring water use permits for any abstraction from the swamp as per the Water Act, 2016 and Water Resources Regulations, 2021. Continuous 0 WRA, WRUA Sub-Total 41,500,000 TABLE 5: REHABILITATION PLAN Activity Sub-activity Timeframe Cost Responsibility Removal of all inappropriate/ invasive species of plants. Identify and remove inappropriate and invasive tree species from the wetland. 1 Year 5,000,000 WRA, KFS, NGAO, WRUA Exotic species control. Continuous 200,000 WRA, KFS, WRUA Re-vegetation of the wetland with water friendly/native species of trees and vegetation. Establish indigenous plants nursery. Continuous 5,000,000 WRUA, WRA Grow live fence on the boundary of the wetland. Continuous 3,000,000 WRA, KFS, WRUA Planting and growing of propagated seedlings (Watering and tending). 1 year 2,500,000 WRUA Development of alternative livelihoods to discourage farming within the wetland. Identification and Development of proposals for alternative livelihoods (eco-tourism, bee keeping, agro-forestry, etc.). 1 Year 10,000,000 WRA, WRUA Sub-Total 25,700,000 TABLE 6: CATCHMENT AND WATER RESOURCES MONITORING PLAN Activity Sub-activity Timeframe Cost Responsibility Upgrade to telemetry status RGS 5AB04, 5AC15 (upstream) and 5AC10 (downstream) of the Swamp. Identify appropriate equipment and transmission system and install stations. 3 months 7,500,000 WRA Kenya Subsidiary Legislation, 2023 489 Activity Sub-activity Timeframe Cost Responsibility Upgrade to a full hydro meteorological station the rainfall station at WRA Rumuruti office compound. Identify an appropriate site to install station. Continuous 0 WRUA, WRA Procure, install and commission the equipment. Continuous 1,000,000 WRA Collect and analyse hydromet data. Continuous 0 WRA Sub-Total 8,500,000 TABLE 7: MANAGEMENT STRUCTURE Activity Sub-activity Timeframe Cost Responsibility Setting up the management structure Appoint 1No. Member from each of the following stakeholders: 1.Kenya Forest Service; 2. National Government Administration in Laikipia County; 3. National Environmental Management Authority; 4. Ministry of Agriculture; 5. The Ewaso Narok WRUA. 3 months 300,000 WRA Terms of References (ToR) will include but not limited to: § to manage the catchment prudently on behalf of other stakeholders; § to submit quarterly reports to WRA - ENNBA on all planned and implemented activities; § to develop by - laws and submit a copy to WRA – ENNBA for approval before implementation. Continuous 0 WRA, WRUA Mandate and responsibilities: § promote the conservation and protection of the catchment. § promote equitable distribution of the resources within the catchment. Continuous 0 WRUA, WRA Kenya Subsidiary Legislation, 2023 490 Activity Sub-activity Timeframe Cost Responsibility § promote socio-economic and environmental sustainability of the catchment. § mapping of stakeholders and potential donors. § development and marketing of resources mobilization strategies. The sources of funds for the committee may include: § bee keeping; § tree Nursery; § eco-tourism; § well-wishers/Donors; § WRA/WRUA - (WDC); § cultural/sports events. Continuous 5,000,000 WRA Sub-Total 5,300,000 Kenya Subsidiary Legislation, 2023 491 FIGURE 2: REPORTING LINKAGES FOR THE MANAGEMENT COMMITTEE Note: (i) The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa; (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the co-ordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well-wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. STAKEHOLDERS WRA MANAGEMENT COMMITTEE COMMUNITY WRUA Kenya Subsidiary Legislation, 2023 492 TABLE 8: MONITORING AND EVALUATION TEMPLATE Activities Implementation Schedule Status (% completion) Planned Cost Ksh. Total expenditure to date Source of funds Output Comments Start date End date Made on the 14th July, 2023. MOHAMED M. SHURIE, Chief Executive Officer, Water Resources Authority. 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