Regulations on the Management and Use of Irrigation systems in the Lao People's Democratic Republic (No. 0598/MAG.DI)

Lao People's Democratic Republic PeaceIndependence Democracy Unity Prosperity Ministry ofAgricultureand Forestry No. 0598/MAG.DI REGULATIONS on the Management.and Use of irrigation systems in the Lao People's Democratic Republic Pursuant to the Decree No. 084/PM, on the organizationand activities ofthe Ministry .ofAgricultureand Forestry, The Minister ofAgricultureand Forestry hereby decides to issue regulationsonthe managementand use of'irriganon systemsto be applied at.thenationallevel as follows: Part one The organization of water users' groups Article 1 : .Before the project's construction Before a project's.construction, the population needs to be mobilized and informed in order to allow it to clearlyunderstand the significance ofthe project or of the activity, and to adopt and voluntarilyparticipate. For example: by sacrificingland for the constructionofstationsor.canals, by contributing funds or locally availablematerials. In the case of a small scaleproject, the population shall contributefor the totality ofthe funds or at least 70% ofthe project's costs. The remaining 30% will be borrowedfrom the banks or ensuredfrom contributions by other economic sectors. Article 2: Duration of implementation Two months before the project is completed, a seminar or meeting of project using farmers shall be organizedfor the free electionvoid of instructions or constraints a directinggroup for the use of water, responsible for the management and use of water. Proper regulations shall be defined by determining the association's name, the objectives and duration of the work plan, the limits ofmanaged lands, the names ofmembers, the rights and obligations of the members and the contributions brought by each member. The use ofwater suggests the necessity for management, maintenance and other general activities. These regulations will have to be officially approved, registered and published for legal application. Article 3 : After the project's completion Each project of all categories or dimensions, once completed and controlled, in coordination with the provincial Department ofAgriculture and Forestry or with other concerned agencies, the administrative authorities shall hand over the project to the directing group for management and use. In case an association or a directing group already exists, the procedures will remain the same (except for big scale projects or international bids) in which cases, the directing group shall not be entitled to conduct the management by itself The Government or responsible parties for the project shall direct the management for a certain period of tine in order to assist the farmers, but, ata later stage, .shall hand over the responsibility to the directing group depending on its means and capacities. Nevertheless, farmers units shall also be organized for water use. For all on-going projects, if a group or association al.ready exists, the section responsible for the macro-economy, shall monitor,m control and assess the work of these .units in order to draw lessons, find solutions.and disseminate them elsewhere. This assessment shall take place at least once a year or after harvest, or after using water. Part Two The rights and Obligations of the Water Users Association Article 4: The rights of Water users association 4.1 The heads of the group ofpresident of the association: supervise and divide responsibilities to the units decide over differences between the group's members fine or punish falters in accordance with the principles fmajority ofthe group members. organize meetings at least 4 times a year (before and after each production season). In case of emergency, a meeting may be organized at all times. the deputyheador the vicepresidenthas the samerights in case of the head's or president'sabsencewho will properlyassign such rights. 4.2 Rights ofthe groupmembers : use water.accordingto the.equitable.division by the group mastership overthe project for everybody's interest -forwardmatters to-thesuperiors-ortheconcerned-agencies in case such member deemsbeing disadvantaged or in case ofrisk ofprejudice to the commoninterests. right to speak up for the commoninterests. right to elect or to changethe group's head in accordance with the majority system. Article 5: Obligations of the group or .association. 5.1 The obligations ofthe group head or.association president: in case.the head'sabsent, his deputyshall replacehim butmust be duly assigned by the head .assumethe responsibility for .anything underhis responsibility. solve the.problems occuniriginhegroup or submitthemthe superior authorities. define.anddividethe responsibilities to each educate,warn or punish equitably thefalters. 5.2 Obligations ofthe groupmembers: obligationfor the continuedmaintenance of theproject, its repairs, drainage, cleanliness ofcanalsin order to extendits life period each memberhas the duty to financially or materially contributeto the project'smaintenanceworks. obligationto payfor water (in kind or in money) in accordancewith the rates fixed by the group. obligation to protect the project againstbad elements. Part Three Measures for completed projects Article 6: All completedirrigationprojects suppliedwith watermust have a productionplan. The differentconcernedsectors, particularly the sectors of agriculture and livestock, or the investingcompanies shall actually director undertake experimentation, for example: intensivecultivation, use ofnew varieties for higher productivity, .livestock, fishery or trial of nw cultivations in order to meet the internal market's requirements and obtain excess for export. Article 7: The concerned sectors of the State shall organize the assignment of technicians for the dissemination ofproduction techniques among the farmers, to mobilize them as well as the companies and the individuals to contribute to the costs of construction, maintenance and development f the project, or even to privatize the project Each village must endeavor to form their own staff responsible for irrigation. Article 8: For electric pump projects, in addition to the application of Articles 6 and 7, a contract will be required between the group offarmers (users group) and the electricity company on the scope of control and the modality for the payment of electricity. Article 9: All sectors, agencies or companies operating within the limits of the project shall apply the dispositions of these regulations without exception. Part Four Definition of Dimension and nature of irrigation systems built in Lao PDR Article 10: The dimension of an irrigation system in Lao PDR is defined by its irrigable area and by its construction cost. 10.1 A big scale irrigation project includes the dam, pump station, reservoir and sluices allowing to irrigate an area of over 1,000 ha and requiring a-cost of over 500 mullion kips. 10.2 A medium scale irrigation project includes the dam, pump station, reservoir and sluices allowing to irrigate an area ranging between 100 to 1,000 ha for a cost of 100 to 500 million kips. 10.3 A small scale irrigation project includes a dam, pump station, reservoir and sluices allowing to irrigate an area ranging between 30 to 100 ha for a cost of 30 to 100 million kips. 10.4 A popular or family irrigation project includes a dam, pumps, small reservoir, sluices, ponds and wells allowing to irrigate an area ofless than 30 ha for a cost ofless than 30 million kips. Article 11 : Requirements in water by production type 11.1 Rice rainy season (season cultivation), the requirements in water rages from 8,000 10,000 m3/ha Dry season (irrigated cultivation), 18,000 - 20,000 m3/ha 11.2 Bean family green bean = 5,000 m3fha/season peanut = Soybean = 11.3 Industrial crops, starch, tubers = 4,000 m3fha/season. 11.4 Legumes = 3,000 m3/ha/120 days 11.5 Livestock The requirements in water. for animals.andthe fisheries are : big animals (cattle,.horses) =45 --60 liters/day/head; pigs + 20 - 30 liters/day/head; .poultry = 50 liters/day/50 heads; -goats =4.5liters/daY/head fishery - 2 - 5 fishes/m3. 11.6 The population requires.an average ofrequirements in water of liters/dayfmhabitant per day. Part-Five Principles .and regulations for .the use of water, congratuIations.and penalties Article U: It is forbidden to bring animals or heavy vehicles, such as : .elephants, buffaloes, pigs, goats or trucks in the canals, Which could be damaged. The transgressors will be fined from 500 to 5,000 kips each time and will be liable for making good the caused damage. Article 13: Bad elements voluntarily causing damage to the irrigation systems, such as : 13.1 damage to the pump system, buildings or.canals, well be responsible before the .groups' regulations. 13.2 Stealing water, such as by digging canals for water without any authorization from he group or the concerned agency. After warnings, thesetransgressions will be fined from 500 to 5,000 kips each time. In case ofrecidivism, the party in"faultmay be temporarily forbidden to use wateruntil.the saidparty acknowledges his faults ad make good the caused damage. 13.3 Undermining elements for the enemy will be punished in accordance with the law. Fishers will be forbidden to use any method susceptible to cause prejudices to the normal uses ofwater, otherwise, a penaltyof500 to 5,000 kips Will be im-posed-each-time-and-the:damage will have to be made good. Article 14: It is forbidden to dispose used water or chemical products in the canals. If the pollution exceeds the levels authorized by the environment, the party in fault will be penalized from 500 to 5,000 kips each time and will be responsible for making good the caused damage. Article 15 : It is forbidden to log trees or to practice the slash and bum cultivation within the limits ofthe project The partyin-fault will be liable before the law forbidding tree logging and forestryregulations. Article 16: The water user, 'Whethermember or not ofthegroup, must pay for the used water. The cost will be ... kg ofpaddy rice l'er.hectare ofland or its equivalent in money based on the market price ofrice. The payment will be made 30 days at the latest after harvesting, otherwise the group will "applymeasures. Article 17: The collected money will be divided in two, 50% for the maintenance funds and 50% for the administrative costs, salaries for cadres; etc. In case electric pumps are used, the price of electricity will be deducted before dividing the funds. Article 18 : Persons having well performed their obligations and actively contributing to the project will be shown as examples and rewarded with congratulatory notes by the administrative authorities or the concerned agencies and will also receive a bonus in kind or in money as appropriate. Article 19: Part Five ofthese regulations must be considered as thegeneral principle, but the actual implementation in each region or province will take into consideration the general opinion of the farmers or of the association of farmers as approved by the Irrigation Department. Article 20: The-computation ofwater cost will depend on the nature ofthe system, the region and the opinion of the farmers (the projects life will be taken into account for a higher productivity). In principal, the computation will be made as follows: 20.1 In case of reservoir = 0.43 - 0.45 Kip/m3 or 3,500 to 10,000 kip/ha/season. 20.2 In case of dams = 0.35 - 0.40 kip/m3 or 3,500 to 5,000 kip/ha/season. 20.3 In case of electric water pumps = 1.01 kip/m3 or 12,000 to 20,000 kip/ha/season (including the electricity cost of 7 kip/Kw). 20.4 In case of diesel water pumps = 1.5 - 2.5 kip/m3 or 25,000 to 50,000 kip/ha/season (including the cost offuel). Article 21: The local authorities at all levels and the concerned agencies must organize the strict implementation ofthese regulations in accordance with their roles and responsibilities. Article 22: These regulations are effective from the day they are signed and will remain effective until further instructions. \TIentiane, June 25, 1993 Minister ofAgriculture and Forestry Signed Sisavat Keobounphan