824 UG99

THE REPUBLIC OF UGANDA

A NATIONAL WATER POLICY

MINISTRY OF WATER, LANDS, AND ENVIRONMENT

1999

FOREWORD

Uganda's freshwater, like elsewhere globally, is a strategic natural resource vital for life sustenance,socio-economic development and maintenance of the environment. The resource is finite and indeedvulnerable and there are, already, worrying cases of pollution and degradation of our water resourcesafflicted by both natural and human factors.

Tliere is. therefore, a clear need for a framework for the water resource management and developmentthrough which priorities can be established and the protection and optimal use of the nation's waterresources planned and assured. Secondly, the Government is concerned that the majority ofUgandans have no access to clean, safe water in easy reach. Moreover, many water supply schemesconstructed at great cost with public funds are not properly managed and maintained which greatlyundermines Government's efforts to provide vital water services to the people. The old supply-drivenapproaches to waier supply schemes does not promote sustainability of facilities and services and newdemand-driven/responsive approaches promoting full participation of stakeholders including costcontributions are a must for effective use of available financial resources, and increase of access tosafe water to the unserved Ugandans.

For many years, legislation for the regulation of the water sector was inadequate, outmoded andscattered under different Laws. Government, therefore, initiated a water sector legislation study whichled to the preparation of a new Water Statute which was enacted in November 1995. Concurrently, theGovernment also took steps and carried out a Water Action Plan (WAP) (1993-94) study, throughwhich key water resources management issues were identified, and guided the development of therequisite water sector policy and legislative framework.

This Policy addresses current water management issues and adopts the objectives and strategiesformulated under the Water Action Plan. The policy and strategies have been set against theGovernment's overall goals for social and economic development, as well as the democraticdecentralization approach to development. In addition, the policy is in full harmony with the objectivescontained in the National Environment Management Statute (1995) and policy and is responsive to the1995 Constitution of Uganda. ^

For the first time, Uganda has a clear documented and referenceable written National Water Policy.Tlie Policy sets the stage for water resources management and will guide development efforts aimed atachieving the maximum net benefit for Uganda from her water resources for the present and futuregenerations while, at the same time promoting the role of the private Sector, User Communities andsustainability of public facilities and services. The Water Policy, the Water Action Plan (1995) andthe Water Statute (1995) now form a coherent framework for the development, management, and wise-use of the nation's vital water resources and sustainable provision of clean safe water to the citizens.

Vie proper planning, development and wise-use and sustenance of Uganda's precious water resourcesis the collective responsibilisy of all Ugandans, and requires a shared vision, political will andcommitment. We must stop taking water for granted, and must go beyond good intentions, and takepositive and constructive action NOW.

WATER IS LIFE - LET US CHFRISfJ IT !

eiiryMusanwa KajuraMINISTER OF WATER; LANDS AND ENVIRONMENT

FOREWORDABBREVIATIONS

THE POLICY

1.1 Policy Categorization1.2 Key Policy Directives1.3 Priority Setting and flexibility

BACKGROUND AND RATIONALE FOR POLICY

2.! Main Water Resources Issues2.2 Role of Water Resources in Development2.3 Scope and Purpose of Policy Document

POLICY FORMULATION CONTEXT3.1 The International Agenda3.2 Regional Obligations3.3 Water Resources in the National Policy Setting

WATER RESOURCES MANAGEMENT4.1 Policy Objective4.2 Guiding Principles4.3 Strategies4.4 Water Resources Management Functions4.5 Management Structure4.6 Role of the Private Sector4.7 Data and Information

DOMESTIC WATER SUPPLY5.1 Context5.2 Policy Objective5.3 Guiding Principles5.4 Strategies

WATER FOR AGRICULTURAL PRODUCTION6.1 Context6.2 Policy objective6.3 Guiding principles6.4 Strategies6.5 Implementation Strategy

OTHER WATER RESOURCE USES7.1 Water Demands~\2 Water for Industrial use7.3 Water for Wildlife and Recreation" 4 Water for Hydropower7.5 Transportation

POLICY IMPLEMENTATIONS.! Water Allocation PrinciplesS.- Water Legislation

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WPC

DWD

NEMA

MAAIF

NWSC

UNPAC

O&M

LC

NGO

CBO

WAP

MWLE

ABBREVIATIONS

WATER POLICY COMMITTEE

DIRECTORATE OF WATERDEVELOPMENT

NATIONAL ENVIRONMENT MANAGEMENTAUTHORITY

MINISTRY OF AGRICULTURE. ANIMALINDUSTRY AND FISHERIES

NATIONAL WATER AND SEWERAGECORPORAITON

UGANDA NATIONAL PLAN OF ACTION

OPERATION AND MAINTENANCE

LOCAL COUNCIL

NON GOVERNMENTAL ORGANISATION

COMMUNITY BASED ORGANISATIONS

WATER ACTION PLAN

MINISTRY OF WATER, LANDS ANDENVIRONMENT

LIBRARY me- O Box 93190, 2509 AD THE HAGi '.

Tei.:+31 70 30 689 80Fax: +31 70 35 899 6^

BARCODE- % ( ? l > (

i.6 Policy Implementation issues

CHAPTER I: THE POLICY

The National Water Policy promotes a newintegrated approach to manage the waterresources in ways that are sustainable andmost beneficial to the people of Uganda.This new approach is based on the continu-ing recognition of the social value of water,while at the same time giving much moreattention to its economic value. Allocationof both water and investments, in water useschemes, should aim at achieving themaximum net benefit to Uganda from itswater resources now and in the future.

The basis on which the policy has devel-oped is the "Water Action Plan (1995)",which was a review of the water resourcesmanagement issues and which provided thefoundation for the subsequent water policyand legislation.

The future framework, within which thewater sector now is set to function, consistsof this National Water Policy (1999), theWater Statute (1995) and the Water ActionPlan (1995). To a large extent, the policiesreflect the socio-economic, developmentand financial fabric prevailing in present-day Uganda; but with foresight to the future.

1.1 Policy Categorization.

The policy has been developed undertwo distinct categories, namely: -

(i) Water Resources Manage-ment; Covering the policyobjectives, principles andstrategies for the monitoring,assessment, allocation andprotection of the resources andmanagement framework. Thisis inherently a State trustee-ship responsibility as the cus-todian of this vital resource asenshrined in the Constitution(1995) and Local Government

Act (1997). The necessarylegislation, the Water Statute(1995) and regulations, havebeen developed for the pur-pose and are in place.

(ii) Water development and use: -Covering the policy objectives,principles and strategies for the de-velopment and use of water for:

a) Domestic water Supply as de-fined in the Water Statute 1995.

b) Water for agricultural Production.

c) Other water uses including in-dustry, hydropower, recreationand ecosystem needs.

1.2 Key Policy Directives

The policy is intended to promote thefollowing:

a) Separation of Regulatory powersfrom User Interests.

b) Integrated and sustainable, devel-opment, management and use of thenational water resources, with thefull participation of all stakeholders.

c) Regulated use of all water, whetherpublic, private or ground water,other than for "domestic"use.

d) Sustainable provision of clean safewater within easy reach and goodhygienic sanitation practices and fa-cilities, based on management re-sponsibility and ownership by theusers, within decentralized govern-ance.

s) Development and efficient use ofwater in Agriculture in order to in-crease productivity and mitigate ef-fects of adverse climatic variations

on rain-fed agriculture, with fullparticipation, ownership and man-agement responsibility of users.

f) Improvement of co-ordination andcollaboration among the sectorstakeholders to achieve efficient andeffective use of financial and humanresources, follow consistent planningand implementation approaches withinthe context of decentralization, andGovernment policies on private sectorparticipation, the role of NGOs, CivilSociety and beneficiary communities.

g) Equitable access and use of the Nilewaters through effective involvement ofthe Government in the Nile waters is-sues, to secure adequate water forUganda's needs for today, and for thefuture.

h) Promotion of awareness of watermanagement and development issues,

-1 and the creation of the necessary capac-ity for the sector players at different lev-els.

i.l Promoting rational, optimal and wiseuse of the resources for all Ugandansand all sectors,

j) Promoting measures for controllingpollution of water resources.

k) promoting the gathering and mainte-nance of reliable water resources infor-mation and data bases.

1) promoting viable management optionsfor the resources management and pro-vision of water supply and sanitationsenices at all levels,

.J Priority Setting and flexibility.

The policy is deliberately designed to be of" i broad-based chaiter, which must be made\'--:.--vr; --j all concerned parties and sector

actors, and be adopted by all projects andprogrammes - whether public or private.

Due to the priority status of the domesticwater supply sector within the broadercontext of water resources, a set of specificpolicies and strategies have been elaboratedfor this sub-sector as an integral part of thepresent policy document, including linkagesto sanitation, sewerage and health/hygieneaspects.

Equally important is water for productionfor which strategies and guidelines aredescribed in detail with special focus on theprovision of Water for Agricultural Produc-tion.

Specific detailed strategies and guidelinesfor provision of water for other waterresource uses, (industry, power generation,tourism, mining etc.) must be developed bythe responsible sector agencies, respec-tively, in harmony with the principles andstipulations presented in this document.

The policy is, among other things, tobalance equity within and between genera-tions (for example in assessing optimum useit must be recognised that short termeconomic benefits may be outweighed bylong term social and environment costs).

The water policy is dynamic and evolving.It is created to serve the people and it willregularly be re-assessed to ensure that it isperforming its role in pace with newexperiences gained and changed circum-stances in the society.

The process of balancing social and eco-nomic benefits as well as of determiningenvironmental objectives should involve"hose .iffic^d. or 'heir representatives. :n

^i'S:\;na up the oynxns on an mioimiabasis. This should take place within dieguidelines of national policy and within anational framework.

To achieve the public trusteeship of thenational water resources, the Government,has to put in place clear systems includingpolicies, laws and regulations. This policy,is, therefore, desirable and has been put inplace for-that purpose.

CHAPTER 2: BACKGROUND ANDRATIONALE FOR THE POLICY

2.1 Main Water Resources Issues

Uganda's freshwater is a key strategicresource, vital for sustaining life, promotingdevelopment and maintaining the environ-ment. Rapid population growth, increasedagricultural, urbanization and industrialactivities, and the poverty in rural and peri-urban areas and habits of "environmentalcarelessness", are causing a serious deple-tion and degradation of the available waterresources. Forests are cut down, soils areeroded, wetlands are drained, water re-sources dry up, channels and reservoirs aresilted, and water bodies are polluted.

In addition, water resources managementrelies ineffectively on single-sector and top-down strategies, without proper holisticconcerns and sense of partnership andshared responsibilities. An example is theprevalent poor or non-existent integratedland and water management practices.Although Uganda is usually considered asbeing well endowed with water resourcesthe country is, at an increasing rate, con-fronted with the following concerns: Theseasonal and spatial variability of the waterresources, increasing water demand,variation between distinct wet and dryyears, considerable variations in the timingof '.he onset of seasons, variations in thejiiiijiiti: orVaniiall ;!rvj 5ire:uu :lc,\v.

There are increasing number of cases ofwater quality degradation caused both bynatural and human factors. For example, the

deterioration of the water quality of LakeVictoria is attributed to the direct industrialand municipal waste discharge, which hasalso lead to the spread of the water hyacinth.In general, the poor state of existing sewer-age and sanitation facilities is a cause ofgreat concern.

Human activities have an increasing impacton the availability and conservation ofwater. Increasing population pressure leadsto deforestation, drainage of wetlands,overgrazing and intensive cultivation of theland. Changes in vegetation and in cultiva-tion practices may lead to land degradation,soil erosion and siltation of water bodies,and may affect the hydrology and the waterbalance with the risk of inducing unfavor-able micro-climatic changes (droughts andfloods) and desertification trends.

Potential conflicts are developing betweenupstream and downstream users. Locally,upstream riparian may use the water inways, which, for instance, make the waterquality unsuitable for the downstream users.Examples can be found where sewage isdischarged upstream of points where waterfor human consumption is collected andused untreated.

Uganda fully lies in the River Nile basinand all Uganda's surface water resources arepart and parcel of the transboundary water-shed. The projected demands of the ripariancountries will exceed the available resourcesand there are no formal agreements forprotection of the water quality by upstreamcountries and its equitable utilisation, whichmay limit Uganda's unhindered access anduse of water resources within her territorialboundaries.

There are many agencies dealing with waterrei.i'ed issues and hence different policiesregarding water ;:se. There is therefore needfor a holistic approach to water develop-ment and use, and hence this overall water

policy lo guide multi-disciplinary andmull [faceted use of the resource.

2.2 Role of Water Resources in Devel-opment

The waler resources of Uganda play animportant role in the country's overalldevelopment efforts. The water supplysector is under expansion and small scaleirrigation is being promoted and may in thefuture be of increased importance. Thepower supply of Uganda is almost totallydependent on hydro power. Sewerage andsanitation service requirements increase instep with improvements in water suppliesand have important health implications.Fishing in lakes and rivers is a majorcomponent of the country's economy, andfish ponds along water courses are fastincreasing in importance and numbers.Development of tourism is a high priorityarea and is dependent on the natural beautyand quality of the environment.

Improved water supply and sanitationservices have major social, economic andhealth impacts on life in general. Some ofthe benefits from water supply and sanita-tion also have a positive effect on invest-ments in other sectors, such as educationand industry.

In summary: Water is a key factor ofproduction in e.g. manufacturing industry,power generation, mining and agriculture. Itsustains [he natural environment, andtherefore it is not only the quantity of waleravailable, which is critical, but also itsquality - its fitness for use. For this reason,economic activities which can pollute waterand render it until for other uses must becontrolled.

2.3 Scope and Purpose of the PolicyDocument

Water is a key resource in the socio-economic fabric of our society and an

important factor in the development poten-tial of the nation. It is, therefore, imperativethat proper water resources managementprocedures and structures are established.Through appropriately instituted mecha-nisms for water resources management,priorities can be established and optimal useof the nation's water resources planned.

The Water Action Plan (1995) has provideda framework that outlines policy optionsand guidelines for the protection anddevelopment of Uganda's water resources aswell as recommends a structure for theirmanagement.

For many years, the legislation for theproper use of water and regulation of thewater sector was inadequate, outmoded andscattered under different statutes and acts.The Government, therefore, initiated a watersector legislation study, which lead to theformulation of a new comprehensive WalerStatute (1995).

The preparation of the Water Action Planand the water legislation study identifiedkey policy issues and genera! principles,which have been refined and summarized ina coherent manner as presented in thisdocument.

This policy document does:

(i) provide the background and explainthe approach which guided the policyformulation,

(ii) put forward the basic policy objec-tives, principles and strategies,

(iii) outline the management structure,including roles and functions at thevarious management !eve!s, i.e. atcentral, district and locai levels,

(iv) outline the major issues to be ad-dressed, and ways and means bywhich they will be addressed,

(v) outline the strategies for provision andmanagement of domestic water sup-ply and sanitation services,

(vi) provide overall strategy and principleslor allocation of water for other pur-poses (industry, agriculture, powergeneration, etc.), and

(vii) outline strategics for policy imple-mentation.

The National Water Policy is imended toassist decision-makers and resource users indetermining "who does what" and "how",and in making priorities in the nationalcontext as well as at the sectoral, e.g. privatesector, local community and individuallevels.

CHAPTER 3: POLICYFORMULATION CONTEXT

3.1 The International Agenda

The broad objectives of the InternationalDrinking Water Supply and SanitationDecade (IDWSSD), and its continuation inthe form of the Global. Forum for WaterSupply and Sanitation, have been endorsedby (he Government of Uganda, since theinception of IDWSSD in 1980.

Likewise, the declarations and guidingprinciples emanating from the internationalfora on water resources management, whichculminated in the UN Conference onEnvironment and Development (UNCED)in Rio de Janeiro {June 1992), have beenendorsed by the Government of Uganda,especially Agenda 21's chapter 18 onfreshwater resources.

This National »V Liter Policy embraces theseresolutions, declarations and

guidelines for the improvement of the watersector situation at country level.

The new mode of thinking on improvingwater resources management, endorses anintegrated, multi-sectoral approach in theprevailing socio-economic context, includ-ing (a) treating water as a social and eco-nomic good; (b) relying on markets andpricing to determine water allocation amongvarious sectors and user groups; (c) involv-ing the beneficiaries and the private sectorin managing water at the lowest appropriatekvel: and (d) recognizing that water is afinite resource that contributes to economicdevelopment and supports natural eco-systems.

On this basis the Government embarked onthe much required task to define andintroduce a comprehensive framework forproper water resources development andmanagement as described further in thefollowing chapters.

3.2 RegionalObligations

Uganda is by virtue of her location, both alower and upper riparian in the Nile Basin.Ugandan interests lie within securing herequitable share of the water resources of thisbasin. Furthermore, it is in Uganda's interestto ensure that the good water quality in thewater bodies within the national boundariesis maintained for sustainable use.

Based on the Government's overall policy ofgood neighborliness and promotion ofregional cooperation for optima! resourceuse, Uganda's policy principles in theregional context adhere to the variouscurrently accepted principles of interna-tional law on the use of shared waterresources. Further, Uganda's participation ininternational, regional and basin-widebodies of cooperation, like the TechnicalCooperation Committee for the Promotionof the Development and EnvironmentalProiection of the Nile Basin

(TECCONILE), Inter-GovernmentalAgency for Drought ((GAD), Kagera BasinOrganization (KBO), Lake Victoria Fisher-ies Organisation (LVFO) provides the basicpolicy famework.

3.3 Water Resources in the NationalPolicy Setting

In addition to the various guiding principlesadopted from Ihe international experienceoutlined above, a number of policy initia-tives at national level have been fundamen-tal in shaping the water sector policy aspresented in this document. The corner-stones in this process are (a) the newConstitution, (b) the decentralization andprivatization policies, and (c) the Environ-ment Management Policy and Statute.

Brief information about on how thesebroader policies relate to the water sector isgiven in the following sub-sections,

3.3.1 The Constitution

The Constitution for the Republic ofUganda (1995) includes basic policystatements related to the water sector asstipulated in the following quotations:

General social ami economic objectives(Objective XIV)

The State shall endeavor to fulfill thefundamental rights of all Ugandans to socialjustice and economic development andshall, in particular, ensure that all Ugandansenjoy rights and opportunities and access toeducation, health services, clean and safewater, work, decent shelter, adequateclothing, food security, and pension andretirement benefits.

Clean and safe water (Objective XXI)

The State shall take all practical measures topromote a good water managementsystem at all levels.

The environment (Objective XXVII)

The State shall promote sustainable devel-opment and public awareness of the need tomanage land, air and water resources in abalanced and sustainable manner for thepresent and future generations.

3.3.2 Decentralization and Privatization

In its efforts to revive the economy, theGovernment is spearheading a vigorouscampaign to attract investment as well asprivatizing public enterprises to encourageprivate management. Further, the publicservice is being restructured and rational-ized to increase efficiency.

The Local Government Act

The enactment of the Local GovernmentsAct of 1997, has defined roles for thedifferent levels of governance in the provi-sion and management of water relatedservices and activities.

Especially the provision of water servicesand maintenance of facilities is the respon-sibility of local councils in districts andurban centres with the support and guidanceof relevant central government agencies.

The Act aims at providing for a continuosprocess of decentralization, wherebyfunctions, powers and services are devolvedand transferred from Central Government toLocal Governments in order to increaselocal democratic control and participation indecision making, and to mobilize supportfor a development relevant to local needs.

National Environment ManagementPolicy (1994) and Statute 0995)

The National Environment ManagementPolicy anil subsequent S'.avate ir.d'j-is a keyjv-iicv in'-ccs-c on A-,;:jr "osourCiTS ^snicr-

•••aiion a;iU :nan;ii;-.-::iei;! i s rbi!ov.-s:

"....to sustainable manage and develop thewater resources in a coordinated andintegrated manner so as to provide water ofacceptable quality for all social and eco-nomic needs..."

In addition, the environmental policy putsforward a number of more aped lie policyobjectives, which have relevance to waterresources management.

This present water policy has been devel-oped in full harmony with and guided by thevarious policy and strategy statementscontained in the National EnvironmentManagement Policy (1994) and the com-plementary National Policy on she Conser-vation and Management of Wetland Re-sources (1995).

The Water Statute, 1995

The Water Statute and related regulationsprovide for the use, protection and man-agement of water resources and supply;and provides for the constitution of waterand sewerage authorities; and facilitatesthe devolution of water and sewerageundertakings.

The objectives of the Statute are:

(i) to promote the rational managementand use of waters of Uganda.

(ii) to promote the provision of a clean,safe and sufficient supply of waterto domestic purposes to ail persons,

(iii) to allow for the orderly developmentand use of water resources for pur-poses other than domestic use, suchas, the watering of stock, irrigationand agriculture, industrial, commer-cial ana -riming uses, ihe generationof hydroelectric or ijeoiliermal* en-ergy, navigation, fishing, preserva-tion of flora and fauna and recrea-tion, in ways which minimise harm- •M effect to the environment,

(iv) to control pollution and to promotethe safe storage, treatment, dischargeand disposal of waste which maypollute water or otherwise harm theenvironment and human health.

The National Water & Sewerage Corpo-ration Statute. 1995

The Statutes provides for a corporation thatshall operate and provide water and sewer-age sen-ices in areas entrusted to it underthe Water Statute, 1995. The main objec-tives are:

(i) to manage the water resources in wayswhich are most beneficial to the peo-ple of Uganda,

(ii) to provide water supply services fordomestic, stock, horticultural, indus-trial, environmental and other benefi-cial uses,

(iii) to provide sewerage services, in anyarea in which it may be appointed todo so under this Statute or the WaterStatute 1995,

(iv) to do anything connected or incidentalto the above,

(v) to develop the water and seweragesystems in urban centres and big na-tional institutions throughout theCounlrv.

The Ugandan Plan of Action for Children(UNPAC) 1992.

Following ihe World Summit for Children,New York September 1990, Ugandadeveloped the Uganda National Plan ofAction for Children (UNPAC), which wascompleted and published in 1992 by iheMinistry of Finance and Economic Plan-ning.

The Cabinet adopted the UNPAC as itspolicy document in the area of childsurvival, development and protection upopwhich government restructured resourceallocations required to make the provisionofbasic social services a priority. The goalof UNPAC is:

"To establish survival, protectionand development goals related tochildren and women for the 1990sthat build on existing Governmentpolicies and sectoral plans."

Strategy: Provision of basin minimumsocial services to as many Ugandans aspossible in the fields of:

primary health careclean water and basic sanitationprimary education and adult literacycommunity care of children in need ofhelp.

CHAPTER 4: WATER RESOURCESMANAGEMENT

4.1 Policy Objective

The overall policy objective of the Govern-ment for !lie water resources managementis:

To manage and develop the waterresources of Uganda in an integrated and

sustainable manner, so as to secure andprovide water of adequate quantity andquality for all social and economic needsof the present and future generationswith the full participation of allstakeholders.

4.2 Guiding Principles

The Uganda Water Action Plan (WAP)which was prepared during the period 1993-94 adopted and operattonalised the guidingprinciples for water resources managementas they emanated from the Dublin-Rio deJaneiro (UNCED) process and Agenda 21'sChapter i 8 on freshwater resources.

The WAP adopted these guiding principlesrecognizing: -

(i) freshwater as a finite and vulnerableresource, essential to sustain life, de-velopment and the environment,

(ii) management of water resources at thelowest appropriate levels,

(iii) the role of Government as an enablerin a participatory, demand-driven ap-proach to development,

(iv) the recognition of water as a socialand economic good,

(v) the integration of water and land usemanagement,

(vi) Ihe essential role of women in theprovision, management and safe-guarding of water,

(vii) the important role of the private sectorin water management.

Preparation of the Water Action Plan was aprocess of identifying and analyzing waterresources issues that needed attention,assessing potentials and constraints as well

as identifying necessary short, medium andlong term management needs and functions.

The Water Action Plan has provided dieGovernment with guidelines and strategiesfor the protection and development ofUganda's water resources and a structure fortheir management at national, district andlocal levels.

The Water Action Plan has providedimportant inputs to the new water legisla-tion and to formulation of this policydocument.

4.3 Strategies

The water resources management strategies,which have evolved from the overall policyobjective, are grouped within those sup-porting an enabling environment, thoseguiding institutional development, and thosesupporting an upgrading of planning andprioritization capacities.

A summary of the main strategies are asfollows:

4.3.1 Enabling environment

Government as an enabler in a participatory,demand driven approach to developmentby:

(i) legislation to support the policy,(ii) regulatory control only in response to

need and at enforceable levels, *

(iii) regulatory controls combined witheconomic incentives,

(iv) Water Action Plan process to providedynamic management framework.

4.3.2 Institutional development

(i) cross-sectoral coordination mecha-nism, with DWD as the lead agency,

(ii) integrated approaches to projectdevelopment,

(iii) management functions delegated tolowest appropriate level,

(iv) private sector involvement,

(v) women's participation,

(vi) water resources management capaci-ties developed at all levels.

4.3.3 planning and prioritization

(i) domestic demands to have firstpriority,

(ii) allocation to other uses includingwater for production (agriculture, in-dustry, hydropower) to be based oneconomic, social and environmentalvalues of the water (most beneficialuse),

(iii) sustainabie use to be a key element inplanning,

(iv) water quality and land use linksrecognized,

(v) environmental impact assessments asplanning tool,

(vi) "polluter pays" principle recognized,(vii) economic incentives applied with

regulatory instruments to avoid waterwastage,

(viii) regional cooperation for the sharedwater resources,

fix) wetlands to be recognised as anintegral part of water resources sys-tems,

(x) holistic approach to water resourcesmanagement, development and use.

4.3.4 Data collection and Data Dissemi-nation

The Government shall promote publicinformation and awareness by:

(i) establishing and sustaining a moni-toring and assessment system for wa-ter resources,

(li) establishment of a managementinformation system (MIS) at all lev-els,

(iii) dissemination of relevant informationfor planning, development and use ofwater resources,

4 .4 Water resources managementFunctions

Considering the requirement of balancingthe need for management at the lowestappropriate level, against the need forcentral monitoring and regulation, the keywater resources management functions areas follows:

(i) International water resources issues

Uganda needs a coordinated strategyregarding international water resourcesissues, in particular related to the utilizationof the Nile waters and safe guarding of thewater quality of the lakes; Victoria, Kyoga,Albert, George and Edward. This is anational level function.

(ii) Policy making, planning andcoordination

The integrated management of waterresources and land-related issues requirespolicies and plans to be made both at thenational and district levels. At the nationallevel, policies will be formulated, regula-tions prepared, national drinking waterquality standards set, and project activities

in the sector coordinated. Based on theguidelines from the relevant sector agencies, *the districts wili set local priorities, by-lawsand annual action plans regarding the use ofwater resources such as fish ponds, irrigatedareas, livestock watering, rural and urbandomestic water supplies. Major uses likehydropower generating and other uses withtransdistrict and or transboundary implica-tions will be dealt with at the national levelbut with full participation of the stake-holders.

The existing extension staff in the districts -who work in several sectors - will becoordinated in order to promote integratedand uniform information regarding thesustainable use of water and land resources.

Local level groups, within the framework ofnational and district policies, can managethe use of the resources, through localdecision- making bodies such as the Village(LCI) and Sub-County Committees (LC3).The full participation of the communitiesmust be promoted and ensured.

(iii) Water abstraction regulation

The use of water resources will be regulatedthrough the administration of permits forwater abstraction that specify the types ofuses that need to be regulated as well as theabstraction fees to be charged. This functionwill initially be the role of Central Govern-ment through the Directorate of WaterDevelopment. In the long term, when thedistricts have the capacity to make assess-ments of the impact of abstractions withintheir district boundaries, they will adminis-ter the application and permit procedures.The central level authority, i.e. the Director-ate of Water Development (DWD), willcarry out assessment of cross-boundarysources, and on this basis distribute blockallocations of water rights to the districtscoiicemed - which, at that juncture will thenadminister a permit system for the allocatedamounts.

10

(iv) Wastewater discharge regulation

The management of a wastewater dischargepermit system will be a permanent nationalfunction (under the Directorate of WaterDevelopment in consultation with NEMA)because of the detailed technical expertiserequired, and because of the need to ensureadherence to international and nationalstandards. The districts will comment onapplications from their areas, organizepublic hearings and assist in monitoring thatthe rules governing permits are beingfollowed. Penalties on waste discharge andeffluent into open water bodies and rivercourses will be introduced. Environmentalstatements, audits and impact assessmentsin adherence with NEMA guidelines will berequired as appropriate.

(v) Monitoring, assessment and Fore-casting

The Government will be obliged to collectdata and disseminate it for public knowl-edge, awareness and socio-economicdevelopment.

The Directorate of Water Development willretain a national level role in: monitoring,assessment and forecasting of water re-sources and water quality; managing surfacewater, groundwater and water quality databanks; and disseminating data on waterresources to relevant agencies and users.The Government will build the necessarycapacity in the Directorate of Water Devel-opment to carry out these functions.

The Meteorological Department is respon-sible for weather and climate data. TheDepartment will collaborate with theDirectorate of Water Development inproviding climate data for the water re-source management.

In pace with the decentralization process thedistricts will gradually take over the tasks of

checking that by-laws, regulations andpermits are being followed, monitoringgroundwater quality for domestic uses, andmonitoring groundwater abstractions inrelation to recharge.

Community groups and Local Committeeswill monitor activities having local impacton water resources, such as use of wetlands,forests and dumping of wastes - and theywill report to the districts.

Monitoring and evaluation of the genera!trend in sector development efforts andwater supply coverage levels will beestablished in the Directorate of WaterDevelopment and appropriate capacityestablished at district and lower levels ofgovernance.

(vi) Enforcement

Enforcement of standards, regulations andby-iaws will be undertaken by the Directorof Water Development and the districtadministrations as appropriate, through theimposition of stipulated penalties and use ofthe judicial system.

(vii) Mediation

Village elders and the local governmentchief system will be used first for media-tion. The LC system, as appropriate,including the LC Courts, are the otherstructures which will be used for mediatingdisputes between individuals and groupsregarding access to water resources andabstractions that do not require permits. Allof these structures already function asmediators. Appeals can be handled admin-istratively by the district committee respon-sible for water and the judicially by Magis-trates Courts. At the national level, theMinister responsible for water will be thefinal administrative appeal possibility; whilethe judicial system will also have an appealchannel.

11

(viii) Capacity building

The Government through the Director ofWater Development will build the capacityto monitor and forecast seasonal variationsin water resources as they are related toclimatic variations. Capacity to objectivelyanalyze water quality will be developed andsustained.

Continuous public information activitieswill have to take place in order to ensuresustainable management of water resources.The Directorate of Water Development willhave a pivotal role in this endeavor, and atthe district level the integrated extensionservicss will be trained to be able to dis-seminate information to the various users ofwater resources.

4.5 Management Structure

The existing institutional and managementarrangements are not adequate to addressthe management of water resources in thecountry given its trans- boundary nature, thedemand on the resources for developmentactivities, the increasing pollution treats andthe decentralization and devolution ofpowers to lower levels of Government.There is therefore need to streamline themanagement arrangements for waterresources management as proposed in thispolicy and supported by the Water Statute,1995.

The Minister for Water jLands and Envi-ronment has overall responsibility forinitiating the national policies, settingstandards and priorities for water resourcesmanagement in the country. The WaterPolicy Committee (WPC), will advise theMinister on the above functions and willinitiate revisions to legislation and regula-tions and coordinate sector ministries' plansand projects affecting water resources. TheWPC will also coordinate the formulation ofan international water resources policy.

Members of the WPC will come fromrelevant government ministries and depart-ments, and will include representatives fromdistrict administrations, private sector andNGOs. The Chairman will be the PermanentSecretary of the Ministry of Natural Re-sources, and the Directorate of WaterDevelopment (DWD) will provide theSecretariat for the WPC. The functions andcomposition of the WCP are stipulated inthe Water Statute (1995).

MlnWry of WLE

NtllonaiEnvironmentalManagement

Aiithnrttu

Mlnlilf tw andOrcjnluUoro

WMtr PolicyCommlBet(WPC|

Dlrectsrite of WaterDevelopment

WPC Secretarial

National Level

District local Council

ExiiMng OLCCommittee in-charge

of water

busting Departmentwilh extension

District environment iand Natural Reaources ICommittee ;

Department of iEnvironment and i

- Nalurat Resoles. jDistrict Water Office [

N G O J and PrivateSector

District Level

LC 1 -LC 3

-Local Level

User Groups. Village Water and Sanitation Committees a

Lines of ResponsibBty

Lines of Communication, Liaison and Services

Proposed

The structure at national, district and locallevels for handling the water resourcesmanagement functions outlined above isillustrated in Figure 1. The responsibilitiesare explained further in the followingparagraphs: Figure 1, Organizational Structure for Water Resources Management

(i) National level

12 13

(ii) District level

It is recommended that District Councilsform a District Environment and NaturalResources Committee and a Departmentwith the same name comprising water,environment, forestry and meteorology.

This structure should ensure coordinatedmanagement of natural resources and theenvironment. The districts should coordi-nate existing extension staff in the areassuch as water, community development,health, agriculture, fisheries and livestock -to ensure that water resources and environmental aspects form part of an integratedextension strategy.

(Mi) Municipal/Urban Council level

The districts, under the Local GovernmentAct (1997), will have responsibility forwater supply services. However, munici-palities or town councils being largestakeholders in the water supply systemswill piay a leading role in partnership withthe water user groups/ associations/ authori-ties to operate, maintain and manage urbansupplies for domestic and industrial use.

The urban councils will also handlelicensing of industries, solid and seweragewaste disposal and drainage systems.

Every development of new waterinfrastructures, as well as making wateravailable for a specific group of users, alsooffers an opportunity to promote the broadergoals of water management e.g. a request byan industry to take water from a riverprovides an opportunity to review its wastedisposal practices as well as its waterrequirement. The municipal and urbancouncils, therefore, will have an increasingrole to play in the management andprotection of water resources.

(iv) Sub-County level

Under the Local Government Act, the Sub-County is a legal entity and will haveresponsibilities in the areas of provision ofwater and sanitation services and protectionof natural resources including water, withthe assistance of the extension staff.

(v) Local level

Water user groups will manage, operate andmaintain point water sources. Communityassociations may also be formed for thepurpose of managing resources such as awetland area, a fishpond or an irrigationscheme when such a need arises. Theexisting Local Councils (LC 1 - LC 3) andlocal government Chiefs will play a role insetting local priorities and enforcing bye-laws, monitoring and mediating in watermanagement issues.

(vi) River basin/catchment level

hi the present Ugandan context, it has notbeen found necessary - and therefore it hasnot been elaborated on further in this policydocument - to create river/lake basinmanagement authorities, catchment boardsor similar bodies. The Government will takethe necessary steps if in future the require-ment will arise for the creation of a river orlake basin management agency withinUganda where there are specific problemsthat can only be solved through such amanagement structure.

4.6 Role of the Private Sector & NGOs

In the previous sections, the policy outlined,related to the responsibilities and roles to betaken up by the various central government,district and local level authorities/usergroups as part of the institutional structurefor water resources management.

However, in order to achieve the objectivesof Uganda's national development effortsand, more specifically, to implement thestrategies set out in this water policy, all

14

sections or interest groups of the Ugandansociety - whether formal or informal - willhave to be involved in partnership with theGovernment at the various operationallevels.

Their development activities will abide bythe basic tenants and requirements of goodwater resources management practices andstandards.

4.7 Data and Information

Data and information is key to the rationaland optimal management and use of thewater resources. All developers and provid-ers of water services shall provide data andinformation including abstraction records,drilling logs, installation records as well asinformation on equipment and techniquesused for implementation and developmentof water resources. The Government shall,through DWD, collect, collate, analyze,archive and disseminate such informationand data for public use and management ofwater resources.

CHAPTER 5: DOMESTIC WATERSUPPLY

5.1 Context

Domestic water supply, (As defined in theWater Statute, 1995) covers the provisionof water to meet domestic demands forbasic human needs including irrigatingsubsistence garden, watering subsistencelivestock and for a subsistence aqua-culture.

One of the main problems facing thepopulation is low accessibility to safe waterfacilities which currently stands at about35% coverage level for rural areas and 60%for urban areas. It is also estimated that onlyabout 45% of the population has reasonablesanitation facilities.

As stated previously the key criteria forwater resources allocation is that: -

First priority will be the provision ofwater :n adequate quantity and qualityto meet domestic demands; allocationof water to meet other demands (irri-gation, livestock, industrial) will bedone considering the economic, socialand environmental value of water.

The intention of the policy with respect towater supply and sanitation is to enable theGovernment to meet the target goals set inthe Uganda National Plan of Action for theChildren UNPAC (1993).

The water supply sub-sector in this contextincorporates (a) water supply in rural andurban areas, (b) sanitation and sewerageservices, and (c) health and hygiene promo-tion.

5.2 Policy Objective

The supreme law of Uganda, the Constitu-tion, states that every person is entitled toclean and safe water. With a balanced viewto the national development efforts in otherspheres of society, the Government's statedpolicy objective in the water supply andsanitation sector is:

"Sustainable provision of safe waterwithin easy reach and hygienic sanitationfacilities, based on management respon-sibility and ownership by the users, to75% of the population in rural areas and100% of the urban population by theyear 2000 with an 80%-90% effective useand functionality of facilities".

5.3 Guiding Principles

At the end of the International DrinkingWater Supply and Sanitation Decade(IDWSSD), the Global Consultation on

15

Safe Water and Sanilalion for the 1990s washeld in New Delhi, India (September 1990)to draw conclusions from the lessons leam!during the Decade, and, on this basis,outline principles and strategies to guide thefuture sector development efforts imerna-(io:. '.'•: ; • .!! as nationally.

The "New Delhi Statement" under the maintheme "SOME FOR ALL - RATHERTHAN MORE FOR SOME" provides aset of overall guiding principles which havebeen adopted as part of Uganda's nationalsector policy for provision and managementof domestic water supply services.

The six principles are:

(i) Protection of the environment andsafe-guarding of health through theintegrated management of water re-sources and liquid and solid waste.

(ii) Institutional reforms promoting anintegrated approach, includingchanges in procedures, altitudes andbehavior and the full participation ofwomen at all levels in sector institu-tions and in institution making.

(iii) Community management of services,backed by measures to strengthen lo-cal institutions in implementing andsustaining water and sanitation pro-grammes.

(iv) Financial viability of public utilitiesshould be assured through sound fi-nancial praciices, achieved through'.'juer management of existing assets,anj widespread use of appropriatetechnologies.

(v) Provision of services through demanddriven approaches in which users arefully involved and contribute to thecost of facilities and services to pro-mote ownership and sustailiability.

(vi) Allocation of public funds for watersupply development activities willtake into account that priority is givento those segments of the populationwho are presently inadequately servedor not served at all, and who are will-ing to participate in planning, imple-mentation and maintenance of the fa-cilities.

(vii) 5.4 Strategies

Against this background the strategiesfor implementation, provision andmanagement of water supply, sanita-tion and sewerage services are as de-tailed in sections 5.4.1 to 5.4.5 belowgrouped under the five main headings,respectively:

Technology and Service Pro-vision.

Financing. Subsidies and

Tariffs-

Management and

Snstainabiiitv Aspects-

Private Sector ParticipationCoordination and Collabora-tion

5.4.1 Technology and Service Pro-vision

(i) Service level criteria

In rural areas, the basic service levelfor water supply means provision of20 to 25 litres per capita per day froma public water point (protected spring,handpump equipped shallow well orborehole, or tap stand on gravity-fedscheme), preferably within 1,500 me-tres of all households. The servicelevel in built-up areas and peri-urban

16

zones, where public water points areintroduced, is also 20 to 25 litres percapita per day, however, with amaximum walking distance not ex-ceeding 200 metres.

Each public water point should not servemore than 300 persons. The difference inelevation between a household and thewater point should not exceed 100 metres.

A demand-driven negotiation approachshould lead to a level of service chosen withdue consideration to walking distance,number of users per outlet, access toalternative water sources, as well as socialbarriers and affordability.

If users choose service levels above thebasic level, they will be required to meet theadded costs of such services. For urbanwater supplies, design figures in excess of80 litres per capita per day for houseconnections are not considered justified forhouses without waterbome sewerage.

(ii) Technology-water supply

Appropriate low-cost teclinologies shouldbe selected, offering good possibilities forcommunity participation in decision makingand in physical implementation, inclusive ofoperation and maintenance of completedfacilities, without compromising the role ofwater as a vital infrastructure for socio-economic development.

For rural and sparsely populated peri-urbancommunities preference should be given topoint sources such as protected springs,handpump equipped shallow wells orboreholes, and gravity-fed piped schemes.

Motor or engine-driven pumps shouldnormally only be used for water supply inurban areas where availability of regularpower and trained operation and mainte-nance staff are ensured.

Only well-known and tested technologiesand hardware, preferably locallymade/available, should be used. Standardi-zation of equipment, e.g. handpumps. willbe applied only as a means of safeguardingthe community-based maintenance systemthrough easy access to spare parts, repairs,etc. on the open (private) market. Therefore,the types of pumps should be limited, andthe technical specifications should beavailable in the "public domain" to avoidmonopoly situations and over-dependenceon donor preferences.

In accordance with the Uganda NationalBureau of Standards (UNBS), the U2<U3handpump (Uganda version of the IndiaMark II and III pumps) is the standardequipment to be used in deep groundwatersettings (boreholes deeper than 20 m). Inshallow groundwater settings three types,the U3 light-handle pump, the TARAdirect-action pump, and the NIRA AF 85are to be field tested and monitored in orderto select at most two models to be thestandard equipment.

(iii) Drinking Water Quality standards

Until national water quality guidelinesand/or standards are put in place, WHOguidelines for drinking water quality shouldbe used with due consideration to specificlocal conditions and water use habits asreflected in the National Interim RuralWater Quality Guidelines (1995).

{iv) Technology-sanitation andsewerage

Sector programmes should always assessthe need and plan for sanitation facilitiesand drainage of excess water in connectionwith provision of water supply. When foundnecessary, provision of such facilitiesshould be part of the projects.

The community should be involved, inchoosing sanitation technology and empha-

17

sis should be put on acceptability (culturallyand financially) by user communities.Preference should be given to low-cost on-site methods (improved household latrine-eluding use of concrete slab, sanpiat, andventitateu Improved pit iatr.ne).

In rural towns and peri-urban areas pipedsewerage systems should only be consid-ered (i) if the nature of the community issuch that on-site sanitation would not be•> iiibie or would be environmentally dam-aging, ind iii'i if a piped sewerage system isan inherent result of a chosen service levelfor the water supply. In this case sreatmentoy waste stabilization ponds should be thepreferred method.

Solid waste management and storm waterdrainage systems should be taken intoaccount mainly in densely populated areassuch as growth centres and peri-urban(slum) areas.

The National Sanitation Guidelines issuedby Ministry of Health (1992) or the latestrevised version should be used whereapplicable.

The regulations under the Water Statute(1995) on sewerage should be adhered to.

(v) Health and hygiene Education

Information should be disseminated on thecorrelation between safe drinking water anda decrease in water-related diseases, and bean integral part of any water supply andsanitation project.

In sector interventions, emphasis should bemade on the importance of linking low-costsanitation with the provision of new watersupplies, and accompanying both withappropriate health and hygiene education.Schools are important vehicles for dissemi-nating the key health messages, and projectsshould, wherever appropriate, include

construction of latrines in schools, and theprovision of educational materials.

Women's involvement in health promotionshould be promoted, recognizing "heirimportant role in improved health of theirfamilies and in changing the behavior ofchildren.

5.4.2 Financing, Subsidies and Tariffs

On a national basis, investment and devel-opment efforts in the water supply andsanitation sector should follow an equitableshare principle, with a rational view onurban versus rural interventions. Selectionof areas most in need of sector improve-ments will be based on need-related criteria.Generally, financing of new installationsshould have low priority where maintenanceof similar installations in the same areas isneglected.

However, at present, the Government willcontinue to offer subsidy to the majority ofwater supplies until adequate financial andmanagement capacities are developed at thedistricts and urban councils.

Financial viability of public utilities shouldbe assured. In urban areas focus should beon assuring sustainable services for thepoorest sections of the community. Tariffstructures with cross-subsidies whereappropriate should ensure that services canbe reliably maintained including publicstand posts or other facilities for the urbanpoor.

The tariff structure in larger urban schemes(utility-operated water supplies) should bedesigned to cover repayment of constructionloans, depreciation of technical installations,i.e. replacement costs, and full cost ofoperation and maintenance.

Cross-subsidization (within a utility'sjurisdiction) should be promoted throughthe scaling of water tariffs, thereby ensuring

d baste minimum coniLiniption at reducedrates, and larger consumption at increasedratest and discouraging wastage and exces-sive consumption.

Mechanisms should he in nijee to allow•anffs ;o be regulated concurrent ^i;h therise in costs.

For rural and small towns water suppliescommunity contributions towards construc-tion should be based on technology choice,for instance as a percentage of constructioncost (cash or kind), and raised by thecommunity before construction starts. Inthese areas, operation and maintenance costsshould be tuiiy covered by the consumers,unless, due to unavoidable circumstances,unreasonably high costs of supplies andchemicals in certain cases necessitate anoutside subsidy to ensure proper running ofthe scheme.

Subsidies-on sanplats for low-cost latrinesto the poorest communities, should be fixedat a level which will not discourage com-mercial latrine (sanpiat) construction.

Subsidies should only be regarded astemporary measures and targeted for eitherbehavioral changes or to enable the disad-vantaged sections of the community accessto basic services and improvements in theirquality of life.

5.4.3 Management and Sustain abilityAspects

(i) Capacity1 building

Sector interventions should provide supportto strengthen the capacity of sector organi-zations through project components forinstitutional and human resource develop-ment.

Capacity at national and lower levels forequitable and sustainable water supplycoverage should be developed taking into

account the Government's changing role asan outcome of the decentralization processand economic policies.

Capacity, at district and county sub-countylevels i'i planning, monitoring and technicalssmce delivery to respond to communityrequests, should be enhanced.

Training of the users should be promotedsince they will participate in the choice ofwater and sanitation systems, the siting ofwater points, construction activities, and thedaily running and maintenance of thescheme.

Women's involvement in desian, construc-tion, operation and management of im-proved water supply and sanitation facilitiesshould be supported through trainingactivities. The key criteria is that womenand men should have equal opportunity toparticipate fully in all aspects of communitymanagement.

Mechanisms should be established both tofacilitate and support participation of theprivate sector in the construction and actualprovision of services.

(ii) Operation and maintenance (inrural and peri-urban areas)

Protected springs and boreholes/ wells fittedwith handpumps will continue to be thedominating technical choice for providingrural communities with drinking water.Operation and maintenance will follow theprinciples of CMBS (Community BasedMaintenance System) as detailed in thefollowing paragraphs.

Village level: A Water Source Committee(WSC) (minimum half of the membersshould be women representatives) should becreated and at least two caretakers appointedand trained for each source. The WaterSource Committees collect funds forpreventive maintenance and repairs, and are

in all rcspeci responsible for llie mainte-nance of the installation. Proper arrange-nvjrsts. incKuiisiy the use ot* bank iccouir.s,will be made '.o safe guard the maimenancefunds.

Sub-county level: The private sector willbe responsible for the activities at sub-county level. Private handpump mechanicswill undertake repairs and half-yearlypreventive maintenance of the handpumps.Retail distribution of spare parts will takeplace through local shops at sub-countylevel. The role of the LC3 and the Sub-County Water and Sanitation Committeeswill be limited to selection of handpumpmechanics and spare part dealers as well aspartial payment for the training of themechanics. Extension staff and local Chiefswill provide back-up support and supervi-sion.

District level: Wholesale and retail distri-bution of spares will take place throughdistrict level spare part dealers appointed bythe spare part manufacturers. District WaterOfficers will monitor the function of themaintenance system and operate whereapplicable Borehole Maintenance Units,which will undertake rehabilitation andrepairs beyond the capacity of the hand-pump mechanics and in some instances theprivate sector will be contracted for tinswork.

National level: Spare part distributors willprovide spares and distribute them to privatedealers at district level. DWD will monitorthe general performance of the maintenancesystem and take corrective actions at policylevel as appropriate.

As an interim measure, the Government willprovide conditional grants for maintenanceservices beyond the capability of thecommunity and local pump mechanics (e.g.use of mechanised rig for de-silting or re-drilling). Services will be paid for by theuser community and Central Government,

Sub-County or District may subsidize. Inthe long run, the private sector will take onthis responsibility, and users wilt pay fullcosts.

Operation and maintenance of protectedsprings, open wells and handpumps are wellwithin the capacity of the local communi-ties. Apart from keeping the water collec-tion point clean and tidy, it is basically aquestion of fencing off areas prone to be apollution risk for the spring water.

(iii) Sustain ability and ownershipaspects

Sustainability should be a prime objectiveof all water supply and sanitation inter-ventions. Sustainability depends on severalmatters, e.g. system design, ownership,development of institutional capacity at alllevels, financial viability, and efficientadministrative systems.

No new installations or schemes should beestablished without, at the same time,establishing ownership of the facility andestablish or strengthen the system foroperation and maintenance, includingmethods of recovering recurrent cost toensure sustainability.

AM protected water sources includinggravity flow schemes in rural areas belongto the users. In the event that a piece of landis deemed necessary to safeguard theprotected source (GFS, springs, shallowwells and boreholes) from the risk ofpollution or for the works, it will be theresponsibility of the community to secure itand meet any compensation to the affectedland owner. Easements to the facility isguaranteed in accordance with the WaterStatute (1995).

For urban water and sewerage systems, dueto the heavy investment involved, uncer-tainty on the full modality of management,the system ownership is entrusted to the

20

Central Government. These schemes will beentrusted to relevant authorities to manage,operate and maintain. The Government willensure that '.lie ownership of these schemeswill be gradually transferred io the UserAssociations or local councils in accor-dance: with the modalities to lie stipulatedin the performance contracts.

Water supply schemes run by user commit-tees, i.e. Water User Groups and Associa-tions, or utility-based Water and SewerageAuthorities, as appropriate, shall do so inaccordance with stipulations set forth insigned management and performanceagreements-contracts. This shall be the casefor point sources as well as larger urbanwater schemes.Water and sanitation projects should IKused as entry points for a number of relatedactivities which will enhance theirsustainability, e.g. income generatingactivities, poverty alleviation and protectionof the environment.

To complement the Water Statute (1995)and its subsidiary regulations, appropriateby-laws should be enacted at district, LC 3level, and LC 1 level.

Monitoring and evaluation activities atcentral level (sector performance vis-a-visnational goals) and at project level (imple-mentation achievements versus targetedoutputs and impacts) as well as monitoringof scheme management and performanceshould be carried out routinely as part of theoverall sector development efforts.

Appropriate monitoring and informationsystems should be developed at variouslevels including in the user communities.

5.4.4 Private Sector and NGO/CBOParticipation

The Government is committed to theprivatization process in the many spheres ofthe national development efforts, which also

includes various aspects of the water sector.The private sector represents a viableresource of increasing importance whichmust bs addressed :o contribute to theimplementation of this policy in a variety ofareas me hiding: design and construction.iipsraMn Jtid maintenance, 'raining andcapacity building, and commercial services.

Presently the private sector has only beenused in contracted implementation roles. Itis the intention of the Government topromote the role of the private sector inmobilising and financing resources for thesector, especially for the development andprovision of water and sanitation servicesthrough BOO (Suiid, Own and Operate) orBOT (Build, Operate and Transfer) ar-rangements, especially in urban centres.

The policy, with respect to borehole drill-ing, is to encourage future projects to placedrilling activities in the hands of the privatesector via competitive tendering procedures.DWD will retain only enough plant andequipment to respond to specific emergencysituations and provision of lifeline services.Further, Directorate of Water Developmentwill monitor and give guidelines ongroundwater extraction and utilization.

The No n-govern mental OrganizationsiNGOs) and Community Based Organisa-tions (CBOs) have played an important rolein Uganda over many years. They thereforesupplement the efforts of the public sectorand help ensuring that the concerns of theunderprivileged are incorporated in thenational development process.

The Government is committed to work withNGOs and CBOs, particularly in the watersupply and sanitation sector. The role ofNGOs and CBOs will be determined to alarge extent by the communities in whichthey work. The principle of making thecommunity the client applies to NGOs andCBOs as well as the private "for profit"sector.

21

limal development of hydropower andfor the benefit of ilie region,

Mi) promoting line use of the waterresource for small decentralisedpower generating systems in remoteareas for rural electrification, and willpromote agreements between thevarious water users for the protectionofcatchment areas.

The strategy to attain the policy will be by:

(i) ensuring the rights of other users byregulation of water discharge,

(ii) minimising social and environmentalimpacts through environmental im-pact assessments (EIA),

{iii) creation of storage capacity andregulation of reservoirs to mitigatefluctuations from seasonal and annualvariations, where feasible,

(iv) ensuring water resources managementplans optimise the use of the resourcesfor maximum hydropower productionat potential sites and that these are de-veloped to full capacity.

(v) ensuring the availability of reliablehydrological data for hydropower de-velopment.

7.5 Transportation

Uganda's lake and river systems also serveas alternative means of transportation forpassengers and cargo. A required minimumwater level must always be maintained tocater for this service.

CHAPTER 8: POLICYIMPLEMENTATION

3.1 Water Allocation Principles

There are no permanent water rights. Allrights on water are vested in the state toprotect and manage its use as a commongood.The process for allocation of water shouldbe in accordance widi the following princi-ples:

(i) Provisions for domestic needs

First priority in water allocation is to meetthe domestic water demand. Therefore,water allocation for the domestic needs of acommunity should be reserved within thetotal available from each water resource.

(ii) Provisions for resource manage-ment and environment

Allocations will be reserved to ensure thecontinued viability of the resource and forthe conservation of the environment. Forwater courses will include provision of aminimum flow to maintain water qualityand aquatic eco-systems.

(iii) Water for Production

Allocations will consider the socio-economic value of the use and optimaldevelopment of the water potential (e.g.hydropower schemes), and the impact onthe water resource.

(iv) Market-based allocation principles

Over a period of time a market-basedapproach to water allocation will be devel-oped. This approach puts to practical use theprinciple of "water as a sociaj and economicgood". The water available to be allocatedin this manner is determined based on anunderstanding of the available yield less any

30

allocation reserved for domestic needs andfor ecosystem maintenance.

During the transition period leading to theestablishment of a market-based allocationprocess, actions wiil be taken to determinethe yield of each resource at its present levelof development, and the allocations neces-sary to provide for domestic needs and forresource management. From this informa-tion, the amount available for allocationusing a market-based approach shall then bedetermined. These steps will be taken withfull stakeholder involvement, emphasizingthe continued security of existing alloca-tions.

(v) Response to emergencies (droughtsand floods)

Assessment will be made of the response ofthe water resource in lime of emergencies ofthe water uses, which draw upon theresource. This wilt indicate whether adetailed strategy in response to emergencysituations should be formulated. Such astrategy may involve limiting total alloca-tions in perpetuity, or reducing the alloca-tions of selected categories of users duringthese periods and in consultation with therelevant sectors.

Crises such as drought and floods need to bemanaged and coordinated on an inter-departmental basis because multiple effortsare needed to support affected communities.

The Government shall undertake to collectJata and information and disseminate it forpublic awareness and safety.

8.2 Water Legislation

To implement the National Water Policyappropriate legislation and supportingregulations have been enacted.

The new legislation comprises three newacts: the Water Statute (1995), ihe \ E M A

Statute 1995 and the National Water andSewerage Corporation Statute (1995).These statutes are now the legal instalmentsthat govern the regulation, management andutilization of the nation's water resources.

The Water Statute maintains the declarationof the Public Lands Act of 1969 that vests -on behalf of the people - the power toinvestigate, manage, control and use thewater resources of Uganda in the State.More specifically, the objectives of the newwater legislation are as follows:

(i) to promote the rational managementand use of the water resources ofUganda,

(ii) to promote the provision of a clean,safe and sufficient supply of water fordomestic purposes to alt persons,

(iii) to provide for the constitution anddevolution of water supply and sew-erage undertakings,

(iv) to allow for the orderly developmentand use of water resources for pur-poses other than domestic use, such asthe watering of livestock, irrigationfor agriculture, industrial, commercialand mining uses, the generation ofhydroelectric or geothermal energy,navigation, fishing, preservation offlora and fauna, and recreation inways which minimize harmful effectsto the environment, and

(v) to control pollution and to promotethe safe storage, treatment, dischargeand disposal of waste which maypollute waters or otherwise harm theenvironment and human health.

In brief the Water Statute (1995) is thefundamental code from which all aspects ofwater resources management derive:administration; water resources planning;role of the Water Action Plan; authorization

31

lit" hydraulic works and uses of water; wastedischarge permits; water abstraction per-mits; variation and cancellation of waterrights; I'manciul provisions; powers anddulies, as well as appeals and offenses.

A set of support ing regulations, whichoperationalise the statutes, are grouped

under die following headings:

(i) Water Resources Regulation.

(ii) Water Supply Regulation.

(iii) Sewerage Regulation, and

|iv) Waste Discharge Regulation.

8.3 Monitoring, Assessment andResearch

Monitoring, assessment and researchactivities are important for understandingthe occurrence and availability of waterresources (surface and underground) and theimpact on the resource caused by eithernatural phenomena or human activities.

Additionally, a variety of technologies arein use within the water sector. Some ofthese technologies are not necessarilysustainable in the long am, and may not liveup to adopted criteria related to efficiencyand non-wasteful practices.

Many of the conventional technologies needto be examined critically and selection madeof those most appropriate lo Ugandan needs.Also through research feasible technologicalalternatives should be identified to suit diefuture needs and the ability/capability ofbold Government agencies and communi-[ies indifferent part of the country.

As appropriate the research and develop-ment activities should be sanctioned by theLuanda National Council for Research andTechnology, and measures should be put in

place to strengthen the existing waterresearch related institutions - whether publicor private - to carry out the necessaryresearch and water resources assessmentactivities to foster sound management,protection and utilization of the nation'swater resources.

The department of Meteorology should beadequately funded to play its vital role inmonitoring, assessment and research inorder to provide timely and accurate dataand predictions on the weather and climateto DWD and other users.

Monitoring and assessment shall be con-tinuous activities, and the data generatedshould be of good quality and made avail-able for water resources management anddevelopment activities. The data coveringquantity and quality shall be made availablefor users at pre-set and approved charges.

8.4 Priority Action Programme

8.-1.1 Water Resources Management

In accordance with the grouping of strate-gies presented in chapter 4, three maincomponents are needed to achieve thepolicy goal of sustainable water resourcesmanagement:

(i) an enabling environment, which is aframework of national legislation,regulations and local by-laws forpromoting sound management of thewater resources and constraining po-tentially harmful practices,

(ii) an institutional framework thatallows for close interaction betweennational, district and community lev-els, and

(iii) planning and priorilization capa-bilities that will enable decision-makers to make choices between al-ternative actions based on agreed

policies, available resources, envi-ronmental impacts, and the soc:al andeconomic consequences. To prioritizeand make rational planning decisions,certain tools are crucial:

. an information system, withinwhich information on the quantity,quality, utilization and environ-mental condition of water re-sources can be collected, analyzedand disseminated, and

water resources assessments,which evaluate the impact of pro-posed interventions on the hydro-logical regime and water quality,such as water abstractions or wastedischarges.

Policy implementation will involve thesuccessive detailing of policy front the levelof intent and formulated strategies las givenin this document) through the structuringand implementation of actions required toachieve intended policy outputs and im-pacts.

In the Water Action Plan (WAP) a detailedaction programme has been formulated tofacilitate an operational and sustainable

• water resotirces management. Successfulimplementation of this action programmeconstitutes at the same time the vehicle forimplementation of the National WaterPolicy.

8.4.2 Water Supply and Sanitation

The Ministry of Natural Resources \\ ith theassistance of the Ministry of Planning and inclose co-operation with other line ministriesand relevant donor agencies, NGOs and thelocal authorities, will develop a comprehen-sive plan and strategy for the sustainableprovision ol water and sanitation services,incorporating on-going pro grammes andcorroding existing inikilancis (ii-equities)and gaps. The plan will provide- a broad

water sector vision and will have institu-tional capacity building and human resourcedevelopment as its cornerstone.

Sectoral Water Use Policies and Plans

The concerned ministries of Governmentwill develop specific and detailed policiese.g. for agricultural production, energy(hydropower generation), forestry, whichmust be in consistence and compatible withthis Policy. They will also develop relevantpolicies, implementation and action plans.

8.4.4 Policy Dissemination and Impact

For this policy to he implemented it must bewidely disseminated and discussed and allconcerned parties made aware of the policyobjectives, principles, strategies, proceduresand desired impact.

Secondly, the National Water Policy willhave no significance if the actions under8.4.1 - 8.4.3 are not implemented to give iteffect.

8.5 Monitoring of Policy Implementa-tion

An important function at central level by theDirectorate of Water Development (DWD)will be - whilst devolving implementationand management to the lowest appropriatelevels - to ensure that what happens at theselevels meets the required standards andfollows stated objectives and strategies.

The policy is aimed at opening up the arenafor a large number of participants lo engagein the tasks of managing water resourcesand developing basic water and sanitationservices. For this to be effective, it will benecessary lo monitor and regulate theirperformance.

further-more, lo know and assess the impactof the policies and strategies, it is important

that a monitoring and evaluation mechanismis established and well functioning. The keymonitoring agent will be DWD,The objective of monitoring and perform-ance auditing is not primarily punitive - butsupportive. The objective is to ensure thatgoals are met, which is best achievedthrough support and cooperation, rather thanthrough coercion. Where the reason for non-achievement or non-compliance is attributedto lack of managerial or administrativecapacity, DWD will seek to provide assis-tance to build such capacity.

To fulfill its monitoring and evaluation roleDWD must define a set of performanceindicators to be able to gauge progress andeffectiveness of the various strategies putforward in this document. For this purpose abasic list of monitoring indicators coveringthe three main components of activities, i.e.supporting the enabling environment,creating the institutional framework, andenhancing planning and priori tizati oncapabilities, is given below.

8.5.1 Enabling environment

Monitoring indicators concerning theprovision of an enabling environment by:

(i) initiation and approval of the neces-sary legislation bye-iaws and regula-tions at all levels,

(ii) establishment of management systemsand institutions for water supply andresources management functions atlocal levels,

(iii) acceptance of responsibilities by localadministrations - shown by budgetallocations and priorities in committeestructures,

(iv) other sectoral water uses policiesestablished,

8.5.2 Institutional framework

Monitoring indicators for the provision ofthe institutional framework by:

(i) setting up of Water Policy Committee(WPC) as stipulated in the WaterStatute, 1995.

(ii) how "water resources interests" arecatered for in new committee struc-tures under decentralization; whetheror not a Department for Environmentand Natural Resources is created, andwhether or not an Environment andNatural Resources Committee (or itsequivalent) is established,

(iii) formation/number of Water UserAssociations and Water and Sanita-tion Committees and their function-ing,

(iv) gazzetting of water and sewerageareas. Creation and licensing of waterauthorities,

(v) districts have promoted and opera-tion a I ised an integrated extensionservice related to environmental man-agement,

(vi) training related to integrated extensionservices taken-up: membership, atten-dance, quality of participation, andfollow-up,

(vii) sector planning strengthen in DWDand effective coordination mecha-nisms e.g. iMSC, functioning and ef-fective,

8.5.3 Planning and priori tizati on

Monitoring indicators for the Governmentas facilitator of:

(i) rehabilitation and expansion of waterresources information services: reli-ability of data, speed of processing,

and efficiencymechanisms,

of dissemination

(ii) setting up water abstraction and wastedischarge permit systems: efficacy ofprocedures, reactions of permit hold-ers, and impact on affected sources,

(iii) operation of enforcement and media-tion mechanisms: number and typesof cases, utilization of agencies (LocalCouncils, Magistrates Courts, Chiefs,Elders, etc.), and reactions of dispu-tants,

(iv) improved access to water and sanita-tion facilities, reduced water -bornediseases and functioning O&M sys-tems.

This list is not exhaustive; it only incorpo-rates indicators related to development ofthe overall water resources managementstructure. More specific monitoring indica-tors have to be defined, e.g. to monitorprogress in developing the domestic watersupply sector on a national basis vis-a-visthe overall sector goals (coverage leveltarget and functionality of systems).

8.6 Policy Implementation Issues

(i) Uganda has one of the lowest accessto safe water and sanitation facilitiesin the world. To meet the policyobjective and targets, it requires sub-stantial investments far beyond theavailable resources. A long-term vi-sion Water Sector Development Plan(rural, urban, water resources) isneeded to quantify the financial re-sources needed and to guide the in-vestment in the sector and itssusUiinability. A similar approach isneeded to meat the policy objectivesin respect of wsier for agriculturalproduction.

(ii) Uganda's water supply sector devel-opment is characterized by a strongdominance of foreign financing. Bi-lateral donors, multilateral agencies andinternational development banks oftenSlave different views and philosophiesuiih regard to implementation as wellas operation and maintenance ofschemes or water points. Individual ac-tivities by non-govem mental organiza-tions and private bodies further compli-cate the issue of securing uniformity inconditions and standards required tomake operations manageable on abroad scale.

(iii) One of the means by which improve-ment in efficiency can be made, as wellas facilitating cooperation and collabo-ration among the many sector actors, isiltrough the establishment of a sectorpolicy framework accompanted by ap-propriate legislation as welt as stan-dards and guidelines as outlined in thisdocument.

(iv) The setting of guidelines and standards,however, must be approached withcaution. Guidelines are intended to as-sist decision-making whilst standardsare enforceable absolute limits. Therigid application of guidelines or inap-propriate standards can have the oppo-site effect to that intended. An examplecould be the closure of "sub-standard"water supplies which would forcecommunities to revert to sources ofeven worse quality.

(v) Given that they are chosen to be theminimum needed to ensure goodhealth, the levels of service presented inthis document should be seen as mini-mum standards to be applied in pub-licly funded schemes, unless a rdaxa-iion has been specifically approved.Vhis does not mean thai higher stan-dards cannot be applied. However,Li:ere is a direct correlation between thestandard of service and the cost, both inicims of initial capital and operation

35

and maintenance. Therefore, wherehigher standards of service are to beprovided, cost sharing arrangementshave to be included in the scheme fi-nancing as also stipulated in this policydocument.

(vi) To achieve (he policy objectives forintegrated water resources manage-ment and development, a good under-standing of the resources including themeteorological, hydrological and hy-drogeological factors is an imperative.Equally, important is the good for-

estry, agricultural and land use man-agement programmes lo protectcatchments and the water quality andgeneral survival of the water systems.All these require clear policies and ap-propriate sectoral taws and well-funded programmes which respect thisWater Policy and the Water Legisla-tion.

(vii) Beyond the national perspective, waterresources development in Uganda, es-pecially hydropower development andoperation which is predominantly onthe River Nile system may affect and isaffected by the development needs andplans of the Upper and Lower ripariancountries- Water development plans inneighbouring stales may influence thehydrologic regime of Lake Victoria andthereby impact energy generation at theexisting and proposed hydropower fa-cilities on the Victoria Nile. Like wiseenergy generation in Uganda, though an on-consumptive water use, has beenconstrained by colonial-era agreementson the use of The Nile which do notallow for the regulation of Lake Victo-ria for optimum hydropower produc-tion. There is therefore need lo developplans i'or regulation of Lake Victoriaand other downstream lakes and co-operate with the other riparian states, asappropriate, lor Ihc equtlabte and opls-mal utilisation of the River Nile waterresources.

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