COUNCIL OF MINISTERS REGULATION NO. 115/2005
ETHIOPIAN WATER RESOURCES MANAGEMENT
This Regulations are issued by the Council of Ministers pursuant to Article 5 of the Definitions of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia, Proclamation No, 4/1995 and Article 30 of the Ethiopian Water Resources Management Proclamation No. 197/2000.
1. Short Title
This Regulation may be cited as the “Council of Ministers Ethiopian Water Resources Management Regulation No. 115/2005”.
Unless the context of otherwise, requires in these Regulations:
1) Definition given for the terms specified under the Ethiopian Water Resources Management Proclamation No. 197/2000, shall have also effect in this Regulations.
2) “Policy” means the Ethiopian Water Resources Management Policy;
3) “Proclamation” means the Ethiopian Water Resources Management Proclamation No. 197/2000;
4) “Water Well” means any well, excepting hand-dug wells, drilled, for various purposes, by means of various equipment (rigs) in order to penetrate and reach underground permeable beds containing or transmitting water;
5) “Water Supply Well” means a well drilled to supply water for drinking, agriculture, industry or other uses.
6) “Water Use” means the use of water for drinking, irrigation, industry, power generation, transport, animal husbandry, fishing, mining and uses of water for other purposes.
7) “Supervising Body” means the Ministry of Water Resources or any organ delegated by the Ministry pursuant to Article 8(c) of the Proclamation.
WATER RESOURCES UTILIZARION
3. Application for Permit
An application to be submitted to the Supervising Body for a water use permit, pursuant to Article 13 of the Proclamation, shall contain the following information;
(a) the name and permanent address of the applicant;
(b) the location of the water resources and the intended place of use;
(c) the intended use of the water resources;
(d) the volume of water required monthly and annually;
(e) the intended method and manner of use of the water resources;
(f) where appropriate, investment certificate;
(g) feasibility studies and maps reasonably required by the Supervising Body.
4. Duties of Supervising body
1) On receipt of an application for a permit to use water, the Supervising Body shall notify the same to the applicant in writing;
2) Without prejudice to Article 14(1) of the Proclamation, in dealing with an application for a water use permit, the Supervising Body shall ensure that the application is in line with the Policy, the Rover Basin Master Plans, the Proclamation, this Regulations and Directives.
3) Subject to Sub-Article (2) of this Article the Supervising Body shall notify in writing the applicant of its decision regarding the application according to Article 14(1) and (3) of the Proclamation.
4) The Supervising Body shall register all decisions given with respect to an application for a permit to use water, according to Article 10(2) of the Proclamation.
5. Discharge of Water After Use
Without prejudice to Article 13(2) of the Proclamation and Article 11 of this Regulations a water use permit may authorize the discharge of treated waste water into a water resources.
6. Termination, Suspension, Transfer or Variation of a Water Use Permit
1) A water use permit may be terminated or suspended by the Supervising Body in whole or in part as per Article 17 of the Proclamation.
2) A permit may be suspended in whole or in part according to sub-Article (1) of this Article due to the following reasons:
(a) a failure to comply with the terms and conditions prescribed in the permit;
(b) a use of water for purposes not authorized;
(c) a failure to pay the required water charges within sixty (60) days following a written notification;
(d) a finding by the Supervising Body that the water resources Involved is being temporatily depleted;
(e) a failure to keep a water quality standard.
3) The Supervising Body may terminate a permit due to there following reasons:-
(a) a voluntary failure, in excess of the period fixed in the permitee, to utilize the water represented by the permit;
(b) an undertaking to transfer the permit without the authorization of the Supervising Body;
(c) a discovery by the Supervising Body, that the permit has obtained the permit by giving false evidence;
(d) a finding that the water resources involved is being permanently depleted;
(e) a finding that the usage of the water resources causes a negative impact on the environment as per the Provisions of Environmental Impact Assessment Proclamation No. 299/2002.
4) The supervising Body may suspend a permit whole or in part as case may be giving 15 days prior warning in writing when it ascertain that any of the reasons stated under sub-article (2) of this Article are committed; if the permit holder fails to refute by evidence about the facts stated in the prior warning within the given 15 days.
5) The Supervising Body may terminate a permit, except for the reason stated under sub-article 3(c) of this Article, when it ascertain that the reasons stated under sub-article 3(a), (b) or (e) is committed by giving 15 days prior warning in writing, if the permit holder fails to refute by evidence about the facts stated in the prior warning within the given 15 days.
6) The holder of a water use permit may apply to the Supervising Body to vary or to transfer the permit in whole or in part. In such situation the application shall state the reasons for the variation or transfer and it shall indicate the terms and conditions where under the variation or transfer is to be effected.
7) The Supervising Body shall cause an entry to be made Register of water abstraction permit in relation to action taken in pursuance of this Article.
WATER WORKS PERMIT
7. Application and Manner of Dealing with them
1) An application for the construction, maintenance or alteration of water works shall be made to the Supervising Body.
2) The application to be submitted pursuant to Sub-Article (1) of this Article shall contain the design and safety measures along with the detailed study of the water works.
3) Without prejudice to Sub-Article (1) of this Article the provision of Article 4(1) (2) (3) and (4) of this Regulation shall have effect in relation to application for water works construction, re-constructing or altering permits.
8. Duration and Extension of Permit
1) The terms of validity of a water works construction permit shall be fixed by the Supervising Body taking into account the useful life time of the project.
2) The time limit fixed for the construction of the water works in the water works construction permit may be extended by the Supervising Body taking into account the nature of the water works.
9. Duties of Permit Holder and Supervising Body on Completing Works
1) Upon or immediately before completion of the authorized work within the assigned or extended period, as the case may be, the holder of a permit shall promptly notify in writing the Supervising Body of the completion or expected completion of the works.
2) Upon being notified of the completion of works pursuant to Sub-Article (1) of this Article, the Supervising Body shall ensure the works for compliance with the terms and conditions of the permit.
10. Works which Interfere with Water Courses or Water Works
1) No Person shall construct or install works that cause difficulties for navigation, change the direction of the watercourse affect the flow, speed and belocity of the water flowing in the water course or hinder the proper operation or any water works, without a permit issued by the Supervising Body.
2) Upon receipt of the application pursuant to Sub-Article (1) of this Article the Supervising Body having regard to the purposes of the work envisaged in the relevant plan and proposal in so far as it appears to the Supervising Body to be reasonable, to the requirements of existing uses of the water course to which the plan and proposal relates, and to the desirability of protecting and conserving the said water course may clear the plan and proposal, or refuse to clear the plan unless that the works described in the plan and proposal provide sufficient guarantee for the safely of the water course.
WATER QUALITY CONTROL
11. Waste Water Discharge Permit
1) Pursuance to the provisions of Article 13 (2) of the Proclamation and Article 5 of this Regulations, applications for the direct or indirect discharge of any treated trade effluent or sewerage effluent, or any poisonous, noxious or polluting matter into surface or ground water shall be made to the Supervising Body.
2) In deciding whether to grant or refuse a permit for the discharge of treated waste water into water resources, the Supervising Body shall, among other things, take into consideration effluent and/or stream standards.
3) Subject to the provisions of he preciding sub-articles of this Article, the provisions of Article 4 of this Regulations shall have effect in relation to applications for treated waste discharge permits.
12. Obligation of Persons Discharging a treated Waste Water
1) Any person using water for industry or for any other purposes which may cause pollution shall have an obligation:-
(a) to install and use west treatment method;
(b) to discharge only the type and volume of treated waste permitted;
(c) to allow the Supervising Body to take the treated waste discharge sample at any time;
2) The Ministry many issue directive for the implementation of this Provisions.
13. Renewal of a Treaty Waste Water Discharge Permits
1) The Supervising Body shall renew a treated waste water discharge permit very two years starting from the date of its issuance.
2) The permit holder shall apply to the supervising body for the renewal of treated waste water discharge permit not later than one month prior to expiration.
3) Upon receiving an application for the renewal of a treated waste water discharge permit, the Supervising Body shall, within 5 days, notify in writing the applicant that the permit is granted or granted subject to variation, or rejected.
4) The Supervising Body shall notify in writing by stating the reasons why the application is rejected or being varied.
5) The Supervising Body shall cause an entry to be made in the Register of a Treated Waste Water Discharge Permits all actions taken in pursuance to Sub-Article 3 of this Article.
14. Termination or Suspension of Treated Waste Water Discharge Permits
1) Based on the power vested on the Supervising Body pursuant to Article 17 of the proclamation, the following shall be reasons for suspension or termination of a treated waste water discharge permit in whole or in part:-
(a) a failure to comply with the terms and conditions prescribed in the permit;
(b) violation of the provisions of Article 12 of this Regulations.
2) The Supervising Body may terminate a permit when it ascertains that the permit holder has obtained the permit by furnishing false evidence.
3) The Supervising Body shall cause an entry to be made in the Register of water discharge permit in relation to actions taken in pursuance of this Article.
15. Sitting for Drilling Water Supply Wells
The site and the conditions where water supply wells are to be drilled shall be determined by a directive to be issued by the minister.
16. Ground Water Quality Test
1. Before the completed water supply well becomes operational the water samples taken from the well shall be ascertained by an authorized laboratory whether it can be used for domestic use.
2. After a rehabilation operation on any water supply well is completed water samples taken from such wells shall be submitted to an authorized laboratory to certain whether changes of bacteriological or chemical nature have or have not occurred in the water either as a result of the age of the well or the rehabilitating operation that has carried out.
17. Care for Water Supply Wells
1) To prevent the seepage of surface runoff and sewage into water supply well the space between the well wall and the casing must be sealed.
2) If a water well cannot be completed due to difficulties encountered during drilling and construction, such well must be sealed with care, by the driller, to ensure that people and animals are not exposed to accidents and to prevent pollution of aquifers.
18. Reporting Obligation
The driller shall have obligation to submit report to the Supervising Body in accordance with form 10 regarding complete or incomplete water supply wells drilling performance within 30 days after the completion or incompletion thereof.
Professional competence and classification
19. Water Works Construction
1) Subject to Article 11 of the Proclamation, no professional shall engage in the field of water works construction activity unless he obtained a certificate of professional competence issued by the Supervising Body.
2) Any contractor holding a certificate of professional competence shall, before entering into a contract with any body pertaining to water works constructions, first ensure that the Supervising Body has approved that such water works be constructed.
3) Any person who want to have a water works constructed shall, before entering into a contract with a constructor, first ensure that the company has a legal license and also the professionals have a certificate of professional competence.
1) Any water works contractor should have or be able to get the service of the equipment and manpower enumerated under the directive to be issued by the Ministry.
2) Persons applying to become water works contractors shall, if found to confirm to the conditions specified under Sub-Article (1) of this Article, be classified under one of the classed on the basis of their capacity by the Supervising body.
21. Manner of Classification
1) After the Supervising body examines the application requesting the grant of a certificate of professional competence to undertake water works construction activities, it shall:-
(a) where the applicant is found to meet the requirements of the Proclamation, the Regulations and the directive classify the applicant accordingly and grant him a certificate of professional competence allowing him to operate subject to the conditions of such classifications.
(b) where, during investigation the Supervising Body, finds out that an application submitted under Sub-Article (1) (a) of this Article does not meet the requirements of the Proclamation, the Regulations and the directive it shall reject the application and notify the applicant, in writing, of the rejection and the reasons thereof.
2) A certificate of professional competence issued pursuant to Sub-Article (1) (a) of this Article shall be renewed every year upon presentation to the Supervising Body.
3) The Supervising Body may at any time revoke a certificate of professional competence provided the contractor fails to meet requirements specified in the permit.
Certificate of Competence of a Consultancy Service
22. Necessity of Certificate of Competence for Consultancy Service
Subject to Article 19 of the Proclamation, no person shall give, whether for commercial purpose or otherwise, without holding a certificate of competence permit issued by the Supervising Body, a consultancy service relating to water resources study, design, supervisions and construction activity water works construction activity pertaining to surface water, or water well drilling or cleaning or relating thereto.
23. Application for a Competence Certificate
Any person desiring to have a certificate which enable him to give a consultancy service shall submit an application by specifying the necessary information required under the directive to be issued by the Ministry to the Supervising Body.
24. Issuance of a Competence Permit
The Supervising Body shall issue the certificate applied for in accordance with Article 23 of this Regulations ten days after receipt of the application after examining and ensuring that the applicant meat the standard issued by the directive or notify the applicant, in writing, of the rejection and the reasons thereof.
25. Renewal of a Competence Certificate
1. A Certificate of competence for a consultancy service shall be renewed annually starting from the date of its issuance by the Supervising Body.
2. The Supervising Body renew the certificate, upon request, after ascertaining that the performance of the consultancy service is incompliance with the obligations and standard required.
3. If the Supervising Body rejects an application for renewal of a permit, it shall inform same to the applicant within ten days in writing.
26. Competence Certificate Fee
Fees for issuance and renewal of competence certificate for a consultancy service shall be as prescribed in Schedule 1 attached to this Regulations.
27. Revocation of a Competence Certificate
1. The Supervising Body may revoke the competence certificate of a consultancy service on any of the following grounds:-
(a) where the certificate is proved to have been obtained by submitting false evidence,
(b) where the consultancy service fails, to comply with the provisions of this Regulations or directives issued for the implementation of this Regulations and to take corrective measures within one month following a written warning given to it by the Supervising Body.
2. Any consultancy service whose certificate of competence has been revoked or who has ceased operating his activity shall return the permit to the Supervising Body.
WATER USERS COOPERATIVE
28. Formation of Cooperatives
1. The holders of water use permit pursuant to Article 27(2) if the Proclamation or persons exempted from the requirement of permit may establish a water users cooperative society.
2. Cooperative Societies Proclamation No. 147/1998 shall have effect on water users cooperative societies to be established pursuant to Sub-article 1 of this Article.
29. Registration of a Water Users Co-operative Society
1. A water users co-operative society established to undertake medium or large sale irrigation shall be registered by the Supervising Body.
2. A water users co-operative society established to undertake small scale irrigation shall be registered by an organ established by law at Regional or City Administration level to organize and register Cooperative Societies.
3. The Regional or City Administration organs that organize and register Cooperative Societies have the obligation to transmit information to the Supervising Body about Water users Co-operative Societies.
FEES AND CHARGES
30. Permit Fees
on an application for a permit under the Proclamation and these Regulations and on an application for the renewal, termination, variation or transfer of such permits, there shall be payable to the Supervising Body the fees specified in the 1st Schedule to these Regulations.
31. Charges for use of Water
1. Water charges shall be paid for any use allowed under the Proclamation and these Regulations to the Supervising Body.
2. Charges payable under this Article shall be assessed and billed for by the Supervising Body once a year, or at such shorter interval, as it is appropriate under the circumstance.
3. Charges for use of water shall be due payable within sixty (60) days from the date appearing on the relevant bill.
4. Charges for use water shall be determined by the Council of Ministers.
32. Charges for the Discharge of Treated Waters into Water Resources
1. Charges specified in the 2nd Schedule to these Regulations shall be paid to the supervising Body by permit holders granted to discharge of release waste into water resources under the proclamation or these Regulations.
2. Charges under this Article shall be billed once a year shall be due and payable within sixty (60) days from the date appearing on the relevant bill.
33. Charges for the Use of Water from Government Projects
1. If water is abstracted from a government water works project in respect of a permit granted in accordance with of these Regulations, the charges payable to such water shall be determined by the supervising body based on the principle of cost recovery.
2. Charges under this Article shall be assessed and billed once a year and shall be due and payable within sixty (60) days from the date appearing on the relevant bill.
34. Effects of Failure to Pay Charges
The Supervising Body may, stop the supply of water from a government project to the land in respect of which such water is supplied or to the person who is being supplied with water, if charges have not been paid before the expiration of a grace period of sixty (60) days from the date on which such charges had become due and payable.
35. Dispute Settlement Procedure
1. The following procedures shall be applicable in hearing and deciding cases between permit holders, as well as between a permit holder and a third party concerning rights or obligations arising from permits pursuant to Article 9(1) of the Proclamation:-
(a) the Person complaining shall file with the Supervising Authority a memorandum summarizing the dispute and supporting his allegations. The memorandum shall state nature of the complaint and the relief sought.
(b) upon receipt of the memorandum, the Supervising Body shall give notice thereof to the adverse party, forwarding a copy of the memorandum reveived, and he shall indicated to both parties the time and place at which the dispute shall be heard.
(c) At the time and place designated by the Supervising Body the parties shall attend and state their case before him and submit evidence in support thereof. The Supervising Body shall take note of all evidence given. The Supervising Body may adjourn the hearing to any other time and may at the original hearing of any adjournment thereof proceed in the absence either party.
(d) The Supervising Body shall inform all parties of his decision regarding the dispute and shall provide each party with a copy of the record of such proceedings.
(e) The Civil Procedure Code of Ethiopia regulating proceedings before a Court of first instance in civil matters shall apply to proceedings before the Supervising Body without prejudice to the provisions of this Article.
2. The Supervising Body shall keep a record of all disputes; their proceedings and his decisions relating thereto.
1. Subject to Article 9(2) of the Proclamation pending dispute arising between the Supervising Body and the permit holder which could not amicably be settle within 60 consecutive days either party may request to solve the dispute through arbitration. There by:-
(a) each party shall nominate tow arbitrators and inform the other party;
(b) the arbitrators nominated by the parties shall nominate a third arbitrator as presiding one incase the parties failed to agree accordingly the application shall be as provided in the civil code of Ethiopia;
(c) the arbitrators shall be governed by the relevant laws of the Federal and Regional government.
(d) the parties shall have the obligation to provide information demanded by the arbitrators and cooperate there with;
(e) the party against whose a decision is given shall have the obligation to be bound thereby; however a party disfavored shall have the right to appeal to the court having jurisdication.
2. The sit of the arbitration shall be in the town where the Head Quart of the Supervising Body is located.
3. The parties shall have the obligation to cover the expenses necessary to the arbitrators.
4. The provisions of the Ethiopian Civil and Civil Procedure Code shall be applicable on matters; which are not covered by this Article.
37. Power to Require Information
The Supervising Body may require:-
(a) the holder of a permit under part 2, 3, 4, 5, and 6
(b) any person who digs a well or abstracts water there from pursuant to Article 12 of the Proclamation to give such information as to the activities performed under a permit or the authority of the Proclamation as it may be specified in the request.
38. Power Entry, Inspection and Taking of Samples
Any person authorized by the Supervising Body shall on producing authenticated document showing his authority, be entitled to enter upon any land:
(a) to monitor compliance with the provisions of the Proclamation and these Regulations, and with any conditions subject to which a permit has been granted;
(b) to inspect and study conditions relating to the quality of water;
(c) to install, maintain, read or test any instrument installed for the purposes of the Proclamation and this Regulation.
(d) to examine substances obtained during a water well drilling;
(e) to ascertain the quantity of water abstracted or capable of being abstracted by means of any method;
(f) to examine records kept for the purpose of this Regulations;
(g) to take a sample of any water or effluent or other substance which may appear to him as being capable of affecting the quality of water.
39. Effective Date
This Regulations shall enter into force as of 29th day of March, 2005
Done at Addis Ababa, this 29th day of March 2005
PRIME MINISTER OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA