Somaliland National Water Policy

824 SS02 REPUBLIC OF SOMALILAND MINISTRY OF WATER AND MINERAL RESOURCES NATIONAL WATER POLICY APRIL 2002 Ministry of Water and Mineral Resources, National Water Policy Table of Content PH.KAMHLIÎ 1 NKCT1ON A: WATKU POLICY CONTEXT 2 \ I HOLISTIC APPROACH 2 A.2 WATIIK AS AN ECONOMIC (¡OOI> 2 A-1 Si'tiCH'icPiiom.i-'MS 3 A.1 WATI'U RIUIIIS 4 Si:< TION It: POLICY OHJIÍCTIVHS ANI) PRINCIPLES 5 HI Ouir.cnvp.soi w \TI-K POLICY 5 It ;» PRINCIPLES 6 SU ' 1'ION C: W A I I I t SIXTOU I'KIOKITIKS 7 < ' I I'KAMIiWOKK 7 (. " 2 (iUO(INI) WATI-.I-! 7 ( ' I SlIKrACliWATIK 8 c.4 WATIÍR QUALITY 9 c.5 PUBLIC AwARi-Ni-ss 10 SIC I ION I): Mil HOUri IKS/IŒSPONSIBIUTIKS KOR CROUNDVVATIÍR INITIATIVES.... 11 D ] OVIÎKALL AUTIIOHITY II IJ.2 PLANNING ] 1 l>.3 SUPERVISION oi--( ¡K01 INHWATEU INITIATIVHS 12 D.'l SUPERVISIONoi;( >II:RATI<»NS ANDMAINIIÍNANCE 12 13.5 Ol'liUATINO LlClíNCIi 13 SECTION 1£: FORMAI. STRUCTURE OF WATER SECTOR 15 E.I CENTRAL MINISTRIES 15 E.2 INTERNATIONAL Aci-NCTEs 15 E.3 WATER. ENVIRONMENT, ANn SANITATION (WES) GROUP 15 IÍ.4 LOCAL WATER MANACJEMENT 16 E.5. REGIONAL AUTHORITIES 16 E.6 LOCAL COMMUNITIES AND PRIVATE OPERATING CONCERNS 17 E.7 PRIVATE SECTOR 17 SECTION F: ENHANCING CAPACITY IN THE WATER SECTOR 18 F.I INTERVENTIONS 18 F.2 REVENUE STRUCTURE 18 LIBRA, -. PO Box 93190, 250' Tel.: +3 i ?>:• Fax: +3» 7i ; BARCODE: LO: Ministry of Water and Mineral Resources, National Water Policy PREAMBLE The management of freshwater resources and of services drawing upon water for functions central lo human life, is of critical importance to social, economic, political, and environmental well hcing. Effective water resources management is recognised as a key component of environmentally sustainable development. The development of a water policy is a critical first step in the management of the development and utilisation of freshwater resources and provides the basis for future legislation of these resources, specifically, the appropriate development and management of freshwater resources will promote the health, self-reliance, good governance, peace and economic development of Somaliland. In relation to water, as in all areas of development, policies and practices are constantly involving. This policy is developed in response to the numerous and disparate water development activities and management practices and seeks to establish a formal framework for their co-ordination and management. This seeks to conform with International policies, conventions and guidelines and standards as relate to resources management and service delivery and to facilitate the application of these policies and standards within national and sub-national structures, policies, programmes and projects. Water is the limiting factor for the development of most economic activities of Somaliland. The life pattern of the people resolves largely around the availability or absence of water. Water for human and animal consumption is a major constraint, especially for those who move far away from riverbeds. Thus the main objective of this policy is - to promote the rehabilitation and construction of new water facilities in order to improve human living conditions through enhanced accessibility, management, and awareness within a context of environmental sustainability. - 1 - Ministry of Water and Mineral Resources, National Water Policy SECTION A: WATER POLICY CONTEXT A.I Holistic Approach Lack of a holistic perspective regarding water has lead at a very dispersed and confused system of water management, spread over various Ministries with differing mandates and involving numerous development partners with varying priorities. Water related activities are positioned within specific sectors and thus lend to become lost within sectoral interests whose priorities are centred on environmental sustainability; they have to do with economic productivity such as livestock trade or social goods such as disease control. This situation is further complicated in Somaliland by the recent and long lasting wars and civil disturbances and by the need to accommodate numerous refugees and displaced persons. As the water resource is finite and ils utilisation needs to be equitable, efficient and planned, all sectoral strands should be interwoven. However, integrated and cross cutting structures are notoriously difficult for governments and donors to administer. A holistic perspective must be retained as mechanisms and linkages are established which direct the management and protection of water resources, which serve all types of users. Until the recent past, water service provision has been primarily the exclusive concern of governments, since water was seen as an essential social service to be provided by government. However, the record of government-delivered services in some settings, coupled with the new appreciation of water's scarcity and value, and with the shortage of resources for extending services, a reappraisal of potential actors and their roles has taken place. The building of alliance and partnerships with a wide range of stakeholders has become the norm. This policy is a further attempt as providing a framework for the forging of the alliance. A.2 Water as an Economic Good In the face of shortages and environmental concern, water is coming to be seen as an economic good with realistic price tag in order to support its production, protection and conservation through appropriate economic structures supported by a regulatory framework. With in this context the decentralisation of water services will be encouraged where there is an efficiency to be gained without a sacrifice of the social equity and a reduction to water access in times of scarcity. Accompanying the emerging recognition of water as in part, an economic good must come the acknowledgement of the increased role of self-organised community groups as more experienced and efficient in dealing with economic goods. Numerous studies of water management systems in Somaliland show that the most efficient and sustainable management occurs in cases of self organised groups/contracted management in which ambiguities in ownership of the system were kept to a minimum. Such examples are community dug wells and entrepreneurial caretakers that invest in community managed systems. Similarly, the public management of wells is most efficient when it is established through clear contracts detailing responsibilities for the period after construction. Within the framework established by this policy, the facilitation of self Ministry of VViilcr :uid Mineral Resources, Nalioii:il Water Policy organised water services and innovative approaches to technology and mechanisms for service provisions will be encouraged. A-3 Specific Problems Previous and ongoing interventions in the water sector face several difficulties: a) MAINTENANCE: The neglect and sometimes-deliberate destruction of waterworks due to the unsure tenure and a lack of any sense of ownership by service stakeholders is a prime concern. The tendency is compounded by the failure to fully appreciate the role of gender in the water sector which would recognise the role of women in the entire sector, their influence over domestic water quality and use, and should result in stronger calls for the inclusion of women as fully involved equals in community based water development and management groups. The over-emphasis on costly and high maintenance technology produces services beyond the capacity of management bodies to maintain and sustain is ;ill too frequent this reliance occurs in the context in which the maintenance of traditional water sources required no specific formal training and little money. Additional emphasis technical as well as administrative and financial training at the community level needs to be coupled with an exploration of alternative and appropriate technologies. b) URBAN/RURAL IMBALANCE: Most of the financial support of the water sector is concentrated in urban water supply schemes while overall amounts of external assistance in the water sector continue to fall. This concentration has lead to a neglect of the pre-urban and rural areas where the people are particularly vulnerable due to vast distances between water sources, especially in drought times, difficult terrain, lack of roads, and lack of disposable income. Old approaches in addition to not addressing water scarcity and environmental issues lead to greater inequities and a wider gap between served and unserved populations. Furthermore, there is growing international recognition that water scarcity is a component of conflict. c) ENVIRONMENT: In the harsh environment of Somaliland care is to be taken not to disrupt the delicate ecological balance. In many areas, grazing takes place for only a number of months each year - as long as water sources are available. The movement of livestock away from the area provides a period for vegetation to recover. Concentration of construction/rehabilitation of water supplies may result in a huge influx o people and livestock with attendant environmental degradation. Current livestock levels are already putting the long term tenure of the rangelnnds- and the livelihoods of the nomads -at a significant risk. Ministry of Water and Mineral Resources, National Water Policy A.4 Water Rights Freshwater sources have for the most part been regarded as something in which all members of the human community have rights. In Somaliland, there is a strong traditional that water for immediate human consumption cannot be refused and should not be charged. Water taken away in containers or used for livestock is charged. Sometimes water for mosques, hospitals, police station, and small amounts in provided free. There is a traditional in Somaliland people paying for at least part of the cost of the provision of water services. The reasscrtion of the water right of the government must take into account that remnants of water supply systems from cendal government limes arc in most cases still operated by the people who used to work in the water departments (water operators, water tanker operators). They continue to operate lhe wells, but keep the revenue and only on occasion make investments. In addition, the village and the elders also have a say in water prices and receive part of this revenue. Thus, the perception of who owns the water system can differ between operator and elders with the result being that insufficient revenue is committed to the maintenance of the water system. In order to ensure the environmentally wise use of Somaliland's freshwater resources for the benefit of all Somali landers and their descendants, all right to investigate, control, protect and manage water in Somaliland for any use is held in trust by the Government for the people of Somaliland. The government invests the Ministry of Water and Mineral resources with the authority via (his policy and in accordance wilh subsequent legislation and regulations to plan for the development of and to oversee the utilisation of Somaliland's freshwater resources. The freshwater resources will be managed with the goal of economic and environmental sustainability, but within the overall context of providing water to those in need. The currently operating boreholes and shallow wells must inter into the formal framework established by this policy and operating accordingly are the preconditions for any governmental or external assistance. Furthermore, the Government recognises the right of any set of individuals or households to form a Water User Group that would collectively plan and manage point source water supply systems in their area under supervision of the Ministry. They may collect revenue from persons using the water supply system for the maintenance of the system. For new undertakings, these Groups must apply to the Ministry for approval of their system design; the well's proposed location, and their tariff rates. - 4 - Ministry of Water and Mineral Resources, National Water Policy SECTION li: POLICY OBJECTIVES AND PRINCIPLES IÎ.1 Objectives of Water Policy MAIN OBJECTIVE: To promote the rehabilitation and construction of new water facilities in order to improve human living conditions through enhanced accessibility, management, and awareness within a context of environmental sustainability. a. To promote the rational and socially equitable rehabilitation, development and sustainable management and use of the freshwater of Somaliland through; • The introduction and application of appropriate standards for the investigation, use, control protection, management and administration of water resources; • The development of a co-ordination framework for all the public and private activities which may influence the quality, quantity, equitable distribution, use or management of water resources; • To designate and formalise the co-ordination, allocation and delegation of responsibilities among Ministries and public authorities for the investigation, use, control, protection, management or administrative of water resource; and, • To formally invest the Ministry of Water & Mineral Resources as the lead Ministry in the water sector with the appropriate authorities to ensure that Somaliland's freshwater resources are developed and managed according to this Policy and subsequent legislation and regulation to be developed. b. To promote the provision of a clean, safe and sufficient supply of water for the domestic purposes to all persons by increasing the availability of water for drinking and sanitation uses through the reduction of the time and distance to water sources. c. To promote through the manner in which water resources are developed and managed the social goals of improved gender equality and enhanced community mobilisation in the water sector, through decentralised administration and decision making. d. To promote the appropriate involvement of the private sector in the production distribution and delivery of water services. - 5 - Ministry of Water and Mineral Resources, National Water Policy R.2 Principles The principles guiding this policy are: £i. Water resources are to be developed in a manner that further contributes to the peace security and good governance. Fees and taxes must be tied to perceivable benefits and public institution must be realistic in the assertions of their authorities and responsibilities. d. Policy and practices are constantly evolving and shaping one another. Policy points lo overall goals, bul focuses on realistically achievable first steps in responses to lhe tensions that have arisen from previous and on-going intervention in the water sector. e. linvironinenlally sustainable development is a necessity and requires a movement towards greater social and gender equity. d. Partnership is required for the development of water resources. The Central Government must provide a regulatory framework that ensures quality and fairness, while the local level must be responsible for an accountable for resource development and management. Decentralised and participatory decision making, planning and management are critical for the development of a sustainable water sector. For decentralised authority to be effective, a decentralisation of financial resources must occur as well. - 6 - Ministry of Water and Mineral Resources, National Water Policy Section C: WATER SECTOR PRIORITIES C.I Framework This policy seeks to establish a co-ordination and management framework for the continued rehabilitation, further development and sustainable use of water resources. The purpose of this framework is to ensure the efficient, appropriate and priority development of Somaliland's water resources in a socially equitable and environmentally sustainable manner. The Government, through the designation of the Ministry of Water & Mineral Resource as the lead Ministry together with relevant central and line Ministries, will develop a national water resource development plan according to the objectives laid out Section B of this Policy and will ensure that water resources development follows this plan. The co-ordination and management of sustainable resource development and utilisation involves: • Developing needed legislation, regulations and guidelines; • Developing a water sector plan of action; • Developing water quality standards; • Monitoring of regional water development plans; • Setting standard reporting procedures and formats through which base line data is gathered, organised, and analysed; • Ensuring a pattern of development for the livestock and agriculture sectors that is sustainable -politically, financially and environmentally; • Supporting the regional and local structures in their management of water systems; • Ensuring that development of permanent water sources in order to minimise the worst effects of drought; and, • Establishing the mechanism necessary for the formal delegation and co- ordination of the roles and responsibilities of the various development partners in the water sector. C.2 Ground Water Given that water for human consumption is of paramount concern to the Government and recognising that ground water provides the only permanent source of such water in Somaliland, the Ministry of Water & Mineral Resources is directed to focus first on establishing this framework for the further development and sustainable use of groundwater resources. Planning is critical for groundwater development as boreholes and shallow wells represent a change in the use of water sources and their location must be integrated into a coherent overall framework to rationalise water supplies. A priority plan for groundwater development depends on gaining a better understanding of the little studied hydrological cycle of this difficult environment is little known and critical meteorological data is lacking. This focus entails: - 7 - Ministry of Water and Mineral Resources, National Water Policy • Information -the Ministry will first collect the scattered hydrogeological studies of the last 50 years as a first step to developing a more detailed picture of Somaliland's groundwater resources and, then proceed to prioritise the remaining areas for future hydrogeological surveys taking into account the location of current and previous boreholes. Additional studies of pastoral water demand and co-ordination with ongoing meteorological data collecting efforts are needed. • Planning -beginning at the community level and regionally organised. The Ministry in co-operation with other Ministries and Somaliland's development partners will develop a national plan, which prioritises the rehabilitation and development of new boreholes and shallow wells. Within this framework, ground water initiatives will be prioritised and co-ordinated. • Sustainability - recognising that previous groundwater interventions have for the most part proved to be unsustainable, the Government will establish a formal framework for ensuring the suitability and quality of ground water initiatives at the planning and design stage and provide the needed supervision and technical backstopping for the operation and maintenance of rehabilitated and newly constructed boreholes and shallows wells (See section D) recognising that water is in part an economic good and committed to the principle of full cost recovery, the Government will institute pricing and fee structures that will support the formal supervision the formal supervision framework lilis policy establishes. C.3 Surface Waler The proper and enhanced use of surface water is critical for human consumption, health and sanitation but also for livestock population and agriculture activities. Almost all the ballay (open rain-water ponds or reservoirs artificially scooped out of the earth by mechanical means and gravity-filled by bunded channels during rainstorms) have been damaged. These ballays are critical means of rainfall harvesting, especially given run- offs conditions of this semi- arid environment. In addition, many of the berkads (concrete- lined underground rain-water tanks, usually covered by natural roofing material to limit evaporation, and gravity-filled by channel guided water run-off) have been destroyed as well. The Berkads increase the storage capacity individual homes or villages and thereby reduce the time and effort required getting the needed daily allotment of water, the prime aim of this policy as stated in the Preamble. The continued rehabilitation and construction of new ballays is needed in order to maximise rainfall harvesting, to control run-off and to relieve pressure on groundwater resources. Although the technical maintenance requirements of these ballays are minimal after construction, they need to be managed in ways that reduce the threats of contamination. The Ministry of Water & Mineral Resources together with health Ministry must ensure the development and deliver of community level awareness campaigns that promote capacity building, facilitate social mobilisation, increase gender. Equity and integrate water and sanitation with other issues in order to move toward the attitudinal and behavioural changes needed. - 8 - Ministry of Water and Mineral Resources, National Water Policy The Government has a limited role in the rehabilitation and construction of new ballays. However, information is needed as to their size and location to enable the Government through the Ministry of Water & Minerals Resources to ensure that the design, placement and management of these ballays are environmentally sound and that appropriate measures are in place to reduce threats of contamination. To that end communities and/or International Agencies/NGOs seeking to rehabilitate or construct a ballay must submit a statement of their intention together with a design plan detailing its proposed size and location. Tn addition, the measures that are to be taken to protect the ballay from contamination must be outlined. The Ministry of Water & Mineral Resources will review and approve such submissions, having the authority to require modifications and amendments as appropriate. Through public awareness campaign and technical assistance, the installation of additional roof catchment systems is to be encouraged. These systems were a traditional manner of rainfall harvesting and are of particular importance in urban areas as a supplemental source of water for human consumption, sanitation and gardening as well as a critical means to reduce the groundwater extraction of urban water systems. C.4 Water Quality The Government is responsible for ensuring the quality of the water used for human consumption. Epidemic control and response to cholera outbreaks are already established responsibilities of central Government. In urban areas, the government will instruct Local Water Agencies under the guidelines of the Ministry of Water and Mineral Resources to institute a regular program of water quality testing. In addition, as part of the renewal of the yearly operating license as will be detailed in Section D of this policy, a yearly water sample from boreholes under the formal supervision of the Ministry of Water & Mineral resources will be required. Through these means, a base line will be established for groundwater quality. Surface water on the other hand will be sampled on an as need basis. The Ministry of Water & Mineral Resources will be responsible for establishing and maintaining a water quality lab capable of conducting these tests according to recognised international standards, including the WHO drinking water standards. Even though, the first priority is on increasing water availability through increased water production, some steps need to be taken now to address issues of water quality. The Ministry of Water & Mineral Resources will establish base line data for groundwater, ensure the integration of appropriate public awareness campaigns in development programmes aimed at reducing the threats of biological contamination to water sources and work with WES group members to develop appropriate water quality standards that recognise international standards, especially in terms of human health, but are appropriate and realistic for Somaliland. 9 Ministry of Water and Mineral Resources, National Water Policy C.5 Public Awareness An informal aware and concerned public is a necessary condition for the further decentralisation of decision making and administrative control. In the water sector, studies of rural water supply systems point to the management capacity of rural communities as the key factor in the planning, operations and maintenance of such systems. To build this managerial capacity requires a solid base of awareness and information on water issues that increase rural demand for clean and safe water. Furthermore, to raise the general level of public awareness in regards to vital water issues is a first step in facilitating rational and sensitive discussions and decision making as regards the development and social sharing of water resources. There is a need for public awareness campaign as mentioned above to build capacity, to undertake social mobilisation and to improve gender equity in order to reduce lhe threats of contamination to water a( lhe sources and during water transportation and utilisation. In the urban areas as also mentioned there is a need to encourage roof catchment systems. Awareness of (he need to pay for operations and maintenance and to plan for long term sustainnbilily of water systems needs to be fostered, finally, the awareness and appreciation of the vital and complex interactions between water development and use and the condition of surrounding environment must be fostered. The Ministry of Water & Mineral Resources in partnership as appropriate with other Ministries is designed as the lead Ministry for the ensuring that appropriate public awareness campaign are developed and carried out in the water sector. - 10- Ministry of Water and Mineral Resources, National Water Policy SECTION D: AUTHORITIES/RESPONSIBILITIES FOR GROUND WATER INITIATIVES D.I Overall Authority The Government holding in trust and responsible for the Management of Somaliland's groundwaler resource for the benefit of its current citizens and their descendants via this policy states its authority to manage and regulate the development and utilisation of ground water resources. The Government through the Ministry of Water & Mineral Resources is responsible for determining of at least approving investments to be made in the water sector, and for ensuring the control of private management of water resources within a framework of partnership with roles and responsibilities clearly defined. The Ministry reserves the authority to regulate development and operations in the water sector, including setting rates paid by water users. D.2 Planning The Government through the Ministry is the directive partner in the planning, co- ordination and management of assistance for the development of groundwater resources. The Ministry is directed to set the groundwater development priorities and establish itself as groundwater information centre for hydrogeological data, current water demand, consumption and status of current wells. Development co-ordination at the planning stage requires the following: a. A project statement for each proposed groundwater initiatives (includes boreholes and shallow wells) is to be submitted to the Ministry for review and approval. The project statement will be assessed in terms of the following criteria for intervention priority. 1. Population displacement and lack of access to safe water and sanitation must be assessed. 2. Rural/urban equity, drought mitigation and appropriate land use needs are critical selection factors. 3. Local communities that are to benefit and/or manage the proposed borehole or shallow well must indicate how they plan to organise themselves and how they plan to contribute to the operation and maintenance of the well. 4. Harmonisation of project with water sector development plan. In addition, the project statement will address the following concerns: • a statement of how the initiative fits in with groundwater development priorities; • Appropriateness to the area in terms of hydrogeology and technology to be used; • relative location to other existing/functioning wells; • identification of water needs that are to be met and for whom; • the identification of management structure proposed for the operation and maintenance of the boreholes/shallow wells(community management organisations, private persons/families or the Ministry itself); • the scale and scope of projected environmental impacts; and, • A statement how this initiative will fit in with a national drought mitigation plan when developed. Ministry of Water and Mineral Resources, National Water Policy a. Through the review of the project statement, an assessment of the community identified to benefit/take care of the well, and any additional information as needed by the Ministry, the Ministry will need to certify that the planned intervention is priority intervention, appropriately designed, and complete in its conception before it can go forward. The key component of a complete intervention in terms of a borehole is the requirement to install a Ministry certified water meter for the purpose of measuring the amount of groundwater pumped and as providing a means to assess extraction fees. In addition, all groundwater interventions for both boreholes and shallow wells must demonstrate to the Ministry's satisfaction that the following are addressed: • environmental degradation is minimised; • Environmental sanitation is addressed; • Appropriate management structures for the well are in place; and, • Sufficient start-up provisions are provided; D.3 Supervision of Ground Water Initiatives The Government through the Ministry of Water & Mineral Resources is responsible for the certification that the groundwaler intervention meets established standards and is complete. This certification will require: • A mid-point inspection after the aquifer has been reached and before the casing installed; • An inspection at the end of the intervention to ensure that the well head and other civil works are done to specifications; • Those mitigation measures are in place in terms of environmental degradation and sanitation; • That the management structure established is ready to assume operations and maintenance responsibilities. The agency/community that is sponsoring the intervention is responsible for supporting the Ministry in terms of transport and daily subsistence allowance for the required certification inspection. D.4 Supervision of Operations and Maintenance The lack of sustainability of operations after the well has been rehabilitated or constructed is recognised as a major constraint to future groundwater utilisation. Many current efforts at established focus on organising community management groups or private concerns to manage the well and be responsible for its operation and maintenance. In addition, to technical training these groups are now more frequently receiving administrative, financial managerial training, even given such a complete intervention and the best intentions of the operating group, those responsible for the daily operation of the wells need some kind of technical backup to provide technical advice, to facilitate the acquisition of needed spares, to encourage appropriate operations of machinery and timely maintenance, and to assist in the needed long term planning for the capital reinvestment. - 1 2 - Ministry of Water and Mineral Resources, National Water Policy The regional water co-ordinators and their teams are responsible for supervising the operations and maintenance of wells in their region. When breakdowns occur, technical advice needed, fuel or spare parts needed or additional training is required, these regional teams can serve as resource for the concerned persons families, and communities will come. These teams will respond directly, provide referrals to local parts dealers and technicians, or refer the problem to the Ministry for further assistance as required. D.5 Operating Licence The Ministry will be responsible for certifying that the groundwater interventions in terms of boreholes and shallow wells meet standards and is complete. In the case of boreholes, the end of the intervention will be marked by a formal agreement turning the responsibility for the management of the borehole over to the Ministry. As a part of this formal agreement, a management structure will have been established for the operation and maintenance of the borehole. This agreement will be an operating licence with established community management group, private firm/family/person or the Ministry itself as negotiated by the concerned parties. This operating licence is the mechanism by which a formal delegation of responsibility for the operation and maintenance of the well is passed to the identified community group or private concern. Guidelines for operating licences are to be developed by the Ministry but must be flexible taking into account site specific conditions and the outcomes of negotiation with funding agencies and affected communities. The licence will require the following: The placement of a water meter and registered by the Ministry. The Ministry will install and secure such meter and shall have access to meter for purpose of data and fee collection as needed. Appropriate fines and sanctions will be established for tampering with this meter. A monthly operating tariff based on volume of water pumped will be collected by the regional water co-ordinator's staff. This will require a monthly inspection to read the meter, assess status of operational and collect the tariff. This inspection will also be used to establish a record of the operating and condition of the borehole and provide a regular meeting to arrange technical assistance and collect relevant data. This information will be kept at the regional level and a yearly summary of each borehole supervised will be forwarded to the Ministry for national development planning. This operating licence will specify the maximum price for water, the peak pumping capacity, the special operational procedures for declared drought periods, and the intention to allow or disallow permanent settlement around the borehole. This operating licence will also specify that operation of the borehole and the access to revenue generation occurs under stated conditions- non- compliance will result in fines - 1 3 - Ministry of Water and Mineral Resources, National Water Policy and/or revoking of the operating licence. The Ministry retains the right to renegotiate the licence with other partners. The default position is ministerial operations. 14- Ministry of Water and Mineral Resources, National Water Policy SECTION E: FORMAL STRUCTURE OF WATER SECTOR E.I Central Ministries The Ministry of planning under the technical guidance of the Ministry of Water & Mineral Resources and in collaboration with the Ministries of Agriculture and Livestock will develop and periodically update the national water resources development plan in which the overall priorities of the water sector are articulated. The Minister of Water, with the consultation of the President will professionally review and certify the competency of proposed appointments for Heads and Senior Managers of Local Water Agencies. The Heads and Senior Managers of local water agencies will be provisionally responsible to Ministry of Water & Mineral Resources for following established guidelines and procedures. E.2 International Agencies International Agencies/NGOs when active in the water sector (including both groundwater and surface initiatives) must, after registering with Ministry of National Planning, contact the Ministry of Water & Mineral Resources. It is the responsibility of these International Agencies/NGOs to follow the guidance established in this policy and other internal ministerial policies as related to development in the water sector. These Agencies/NGOs are required for groundwater initiatives to: • Submit a project statement to the Ministry for any groundwater intervention; • Follow established guidelines for the implementation of groundwater interventions; 4 Prepare a turnover agreement for the well; and, • Follow the established fees for the inspections, water meter purchase and installation, water sampling costs, etc. International Agencies/NGOs retain the right to manage their funds freely in the implementation of their projects. However, to support the supervisory framework that this policy establishes and to support the Ministry in its monitoring and evaluation, its certification and its data collection activities. The International Agencies/NGOs have the right, once the Ministry of Water & Mineral Resources has certified their groundwater intervention complete, to refer any grievance or request for further assistance to the Ministry. The International Agencies/NGOs also have the right of appeal to the inter-Ministerial of Planning. E.3 Water, Environment, and Sanitation (WES) Group This group is composed of funding agencies active in the water sector and Ministry of Water & Mineral Resources and is jointly chaired by the Minister and a representative of the international development community. The WES group will continue to be the prime group for the sharing of information of ongoing and planned operational activities - 15 - Ministry of Water and Mineral Resources, National Water Policy in order to facilitate the co-ordination of development activities in the water sector. In addition, this group can be called upon by the Minister to assist in the drafting of guidelines and operating standards as needed. Once such guidelines/standards are developed, they arc to be submitted for review and approval to the Council of Ministers. E.4 Local Water Management The senior managers of the local Water management are provisional and technically responsible to the Ministry of Water & Mineral Resources in regards to the monitoring and protection of freshwater resources that these water systems depend upon. To that end, these agencies are to submit to the Ministry the following: 1. Monthly production reports detailing amount of water pumped, status of equipment and operations, and other relevant information as determined by the Ministry. These reports are to be standard for all Local Water Agencies. 2. Annual report detailing production, delivery, revenue and expenditures. 3. Plans involving significant operational changes, production expansion, and developing alternate water sources must be submitted to the Ministry for review and approval. 4. Establish according to ministerial guidelines and accountable to Ministry of Water quality program. K.5. Re^ioiuil Authori t ies a. DECENTRALISED ADMINISTRATION: In line with the Constitution of Somaliland, authority for the planning, supervision, operations/maintenance, technical assistance and financial management of the water sector will be decentralised. While central co-ordination will be maintained at the national level for policy-making and national planning purposes, the systems will be designed to provide substantial autonomy to the regions and local communities in planning and managing their water programmes. The rational behind the introduction of the decentralised management policy is to enable the beneficiaries to respond better to their water sector priorities and to be more innovative in approaches and management structures. Accountability is to be increased through the devolution of authority and transfer of resources to the lower levels. Through the collection of fees for inspections, operating tariffs, and technical advice the water sector will be in part be financed from the bottom up. It is imperative that prior to decentralisation that managerial capacity be enhanced at the Regional level by providing regional authorities with appropriate training and access to revenue. b. REGIONAL SUPERVISION OF WATER SECTOR: The Regional Water Co- ordinators and their staff are professionally responsible and under the guidance of the Ministry of Water & Mineral Resources. Professionally responsible means that these Regional Water Co-ordinators will implement and follow the guidelines and standards established by the Ministry for the development and operation of water resources. These Regional Co-ordinators and their staff will provide a formal - 1 6 - Ministry of Water and Mineral Resources, National Water Policy framework for the supervision of the operation and maintenance of boreholes and shallow wells in their regions, Their responsibility shall include: • Providing primary technical assistance for the region; • Performing monthly inspections of wells; • Certifying quality an completeness of groundwater interventions; • Renewing operating licences when there Ís no complications; and, • Collecting relevant data on the boreholes/shallow wells in the region and preparing an annual report for the Ministry. These co-ordinators will also be responsible for organising, collecting and prioritising community level needs and plans for water resources utilisation and development. E.6 Local Communities and Private Operating Concerns As outlined above, the Ministry of Water & Mineral Resources through the Regional Water Co-ordinators will relate to those community and/or private concerns operating boreholes/shallow wells through a formal agreement that serves as an operating licence. Failure to comply with the conditions of licence can result in a fine and/of the revoking of the licence. A periodic review and renegotiations of the licence shall take place. The Regional water Co-ordinator will seek input from local communities when developing regional water sector plans and will consult communities as they receive project proposals they are likely to affect that community. E.7 Private Sector The private sector is already active in the operation and maintenance of many wells and in the provision of needed technical services, especially in the construction of boreholes and the provision of spare part. Their participation in the development of the water sector will continue to be supported and their importance recognised. The Government through the Ministry of Water & Mineral Resources will take primarily a regulatory and supervisory role with local communities and the private sector supported in the immediate activities of operation and maintenance of groundwater wells and the provision of water services in general. The Ministry of Water and Mineral Resources will assist in the setting up of Private Management and Public Oversight as and when requested. Ministry of Water & Mineral Resources, National Water Policy Final Draft. SECTION F: ENHANCING CAPACITY IN THE WATER SECTOR Context: improvement in the water sector in terms of sustainability requires further external assistance. For the Ministry of Water & Mineral Resources to begin to undertake its responsibilities as outlined in this Policy, several interventions and the establishment of a revenue generating structure that provides an operating budget for the Ministry are required. F.I. Interventions The following interventions are required: • linhaiicenicnt of information management, including such tasks as establishing standard reporting formats, setting up a filing system, and training in database creation and management. • liulumccmtMit of outyear planning and priority setting, especially in terms ol presentation; • Upgrading of personnel in the regions, both technically and managerially; • Enhancement of the ability to develop guidelines standards and reporting formats; • Training in O&M, monitoring and evaluation; • Enhancement of the capacity to plan and oversee public awareness campaigns; and, • Internal management of the Ministry in terms of job description, financial management, reporting structures the upgrading of staff, especially at the regional level. F.2 Revenue Structure • This policy establishes several revenue generating activities for the Ministry of Water & Mineral Resource connected to its regulatory and supervisory role. These include: • Tariff on operating boreholes • Support for site inspections • Fees for water quality sampling. • Purchase and installation of certified water meters. Through these fees and support, a small operating budget will be secured for both the regional and central functioning of the Ministry of Water & Mineral Resources. The revenue generated will need to be allocated among the Regional Water Co-ordinators to support site specific supervision, the regional authorities to support planning and prioritisation and the line Ministry to support the development of overall guidance and co-ordination. - 1 7 -