4.1 Policy on Water Storage

The National Water Harvesting and Storage Management Policy1 (May 2010) is the current MWIS’s policy on water storage. Notwithstanding that the policy has not been gazetted as a sessional paper which provokes debate regarding its legal validity, the policy does set out the MWIS approach to issues related to water storage development.

The policy objectives are to:

• Provide a framework for expansion of infrastructure for national water storage capacity from the current 124 M $m^3$ to 4.5 B $m^3$ to ensure an increase in per capita storage from 5.3 $m^3$ to 16 $m^3$ over the next ten years.
• Improve participation in planning, financing and investment by communities, development partners, NGOs, PPPs, and other stakeholders’ contributions.
• Create an enabling environment for the participation of farmers and/or land owners, water user groups, and all water sector stakeholders in planning, implementation and management of water harvesting, storage and flood infrastructure.
• Enhance flood mitigation preparedness in affected areas.
• Build human resource capacity to enhance innovation, research, science and technology, adoption and management of water harvesting and storage systems and flood control structures.
• Enhance stakeholders-driven multi-sectoral approach to sustainable water harvesting and storage systems and flood control structures, as well as expansion and protection of water catchment areas.
• Ensure integrated coordination of stakeholder activities for development of water harvesting, storage and flood control infrastructure; and
• Establish responsive institutional, legal, and regulatory framework for water harvesting, storage and flood control.

The policy’s guiding principles are as follows:

On the development of infrastructure, the policy principle is that the Ministry and other stakeholders shall undertake water harvesting and storage infrastructure planning, design, development and management based on the latest innovations, research, science, technology, information, and management and make use of the most appropriate and cost-effective best practices to optimize sustainability.

On regulation the policy principle is that every water harvesting, storage and flood control project shall be registered with the government institution responsible for water storage and flood control.

On the issue of effective management the policy principle is that the implementation of water harvesting, storage and flood control systems shall be optimally and efficiently managed to ensure sustainable economic returns and social enhancement.

On licensing the policy principle is that every individual and institution responsible for design, development, implementation and management of water harvesting, storage and flood control structures shall acquire relevant permits, authorizations and licenses (where applicable) from relevant government agencies or any such agency as may be proscribed by law from time to time.

On general responsiveness, equality and equity the policy principle is that planning and implementation of water harvesting and storage systems and flood control programmes shall embrace equality and equity while being sensitive to gender and the specific needs of the youth, minority groups including persons with disabilities, orphans, and other vulnerable and marginalized groups in communities in targeted areas.

On partnerships the policy principle is that effective partnerships shall be developed in all stages of planning and implementation within the framework of the Integrated Water Resources Management (IWRM).

On ecological stability the policy principle is that when implementing water harvesting, storage and flood control programmes, water institutions and water-related agencies shall take into account ecosystems’ integrity and resilience, and biodiversity and environmental conservation.

On access to water resources the policy principle is that every household and institutional needs for water including domestic, livestock, crop agriculture, aquaculture, irrigated agriculture, commercial, industrial, social, environmental services and other uses shall be taken into account.

On access to health services, the policy principle is that every individual has a right to have access to safe drinking water and adequate sanitation, in an environment of reduced incidences of water-borne and water-related diseases and incorporation of public health aspects in the development of water harvesting, storage and flood control systems.

On disaster responsiveness the policy principle is that planning and implementation of water harvesting, storage and flood control structures shall incorporate disaster preparedness and management to enable households and institutions to cope with and mitigate the impacts of cumulative climate variability, and natural disasters.

On ethics the policy principle is that planning and implementation of water harvesting, storage and flood control programmes shall be ethically executed within recognized and proscribed institutional and legal frameworks, to be created under this policy.

On governance the policy principle is that planning and implementation of water harvesting, storage and flood control systems shall recognize cross-cutting aspects and shall be guided by the principles of transparency, accountability, and good governance inscribed within the rule of law.

Finally the policy is to be implemented through the existing water laws and regulations governing the management of water resources.

The national water harvesting and storage policy is supplemented by policies on water resources management, land use planning, irrigation, forests, land degradation, livestock and environment, all of which must be taken into account in considering the applicable policy framework.

4.2 The Legal Framework

The legal framework comprises laws and regulations governing the natural resources sectors. The overarching law is the Constitution of Kenya 2010. Article 43 deals with economic and social rights and includes the right to clean and safe water in adequate quantities as a fundamental human right. The state therefore has an obligation to ensure that every Kenyan has access to clean and safe water, which makes it imperative that the state put in place measures and frameworks for making water accessible, through dams and other storage infrastructure among other measures.

The Constitution also puts in place the applicable institutional framework. It establishes two levels of government: the national government and county governments. The Fourth Schedule allocates functions to the two levels of government. The national government has the mandate over:

• the use of water resources;
• water protection;
• securing sufficient residual water;
• hydraulic engineering;
• the safety of dams; and
• disaster management.

The county government has the mandate over soil and water conservation and county public works and services including water and sanitations services under which would fall the construction of small dams and small storage facilities for water services purposes.

The current water law is the Water Act 2002 which governs the water sector. The Government has however presented to Parliament the Water Bill 2014 to align the provisions of the water law to the Constitution of Kenya 2010. The Government has also developed a revised water policy which has not yet been adopted as a sessional paper.

Other components of the legal framework are laws governing the sectors on environment, forest, wildlife, agriculture, land use planning and regional development, county government and the management of public finances.

Regarding the private sector there are laws governing the provision of services by professional engineers, contractors and other service providers. The Government has put in place a legal framework for procurement of professional and other services and this procurement system would apply if the dams and small structures are being financed by a public agency or out of public funds.

4.2.1 Water Allocation

Water allocation is governed by the provisions of the Water Act 2002. The responsibility for water allocation lies with the Water Resources Management Authority (WRMA). Under section 8 of the Water Act, 2002 one of WRMA’s functions is to develop principles, guidelines and procedures for the allocation of water resources.

The Water Act itself sets certain key principles which set the parameters for water allocation as follows:

1. Through the national water resources management strategy WRMA shall determine the requirements of the reserve for each water resources. This determines the water available for allocation.
2. Water resources are to be classified, which will affect The class of water resource is important in determining the use to which it may be put, including whether and the extent to which impoundment and abstraction is permissible.
3. Provision is made for designating areas as protected areas and ground water conservation areas, which limits the allowable activities within the area.

In addition to the national water resources management strategy there will be for each catchment a catchment area management strategy (CMS) which will, among other aspects:

• Contain water allocation plans and set out the principles for allocating water in the catchment.
• Contain mechanisms for stakeholder consultation.

Any project to construct facilities for small dams and other water conservation structures needs to take account of both the national water resources management strategy and the applicable catchment area management strategy in so far as they relate to the allocation of water resources for the project.

Other key principles which give priority in the allocation of water resources are:

1. The use of water for public purposes (including storage or impoundment of water for bulk distribution take priority in the allocation of water resources).
2. The use of water for domestic purposes takes precedence in the allocation of water over the use of water for other purposes.

Finally it is important to note that water resources will only be allocated on the basis of availability; compliance with conditions set by WRMA to secure the similar right of other users downstream; construction of structures which meet the standards set by WRMA; and the payment of a water use charges.

4.2.2 Requirement for a Permit

The Water Act 2002 imposes a requirement for a permit on any person wishing to acquire a right to use water from a water resource. Section 27 makes it an offence to construct or use works to abstract water without a permit. There are however three exceptions to the permit requirement. These are cases of:

• minor uses of water resources for domestic purposes (representing uses of water for domestic purposes abstracted without the assistance of equipment) ;
• uses of underground water in areas not considered to face groundwater stress and therefore not declared to be groundwater conservation areas; and
• uses of water drawn from artificial dams or channels, which – being artificial rather than natural - are not considered to be water resources of the country.

The application for the permit is made to WRMA. Section 32 stipulates the factors to be taken into account in considering an application for a permit. These include:

1. The existing lawful uses of the water.
2. Efficient and beneficial use of the water in the public interest;
3. The likely effect of the proposed water use on the water resource and on other water users;
4. The strategic importance of the proposed water use;
5. The probable duration of the activity for which the water use is required;
6. Any applicable catchment management strategy; and
7. The quality of water in the water resource, which may be required for the reserve.

It is expected that WRMA will also take into account any requirements imposed by international agreements related the catchment relevant to the water permit application.

These considerations are designed to enable WRMA balance the demands of competing users, but also to take into account the need to protect the general public interest in the use of water resources as well as the imperative to conserve water resources.

Further guidance is given to the Authority in deciding on allocation of the water resource as follows:

1. That the use of water for domestic purposes shall take precedence over the use of water for any other purpose and, in granting a permit, the Authority may reserve such part of the quantity of water in a water resource as is required for domestic purposes. It is to be recalled that, in rural settings, use of water for domestic purposes typically includes use for small dams, water pans and similar structures; and
2. That the nature and degree of water use authorized by a permit shall be reasonable and beneficial in relation to others who use the same sources of supply.

Permits are given for a specified period of time. Additionally, WRMA is given power to impose a charge for the use of water. Details of the charges to be imposed, including the amounts to be charged, and the uses for which a charge may be imposed are spelt out in the Water Resources Management Rules, 2007, which should be consulted before proceeding.

Permits run with the land. Where the land is transferred or otherwise disposed of, the permit also passes to the new owner of the land. Section 34 requires that a permit specify the particular portion of any land to which the permit is to be appurtenant. Where the land on which the water is to be used does not abut on the watercourse the permit holder must acquire an easement over the lands on which the works are to be situated. It is thus not possible, under the law, to obtain a permit in gross (i.e., which is not linked to particular land).

In all cases of construction of new small dams or pans, an application for a Water Permit should be filed with WRMA. Where small dams and pans are rehabilitated, it should be examined on a case to case basis whether the existing Water Permit (if any) is still relevant to the situation after rehabilitation. Where no Water Permit has been issued or when the situation after rehabilitation will vary from the terms and conditions on which the original permit was issued, the required steps must be taken to either obtain a Water Permit or to have the old Water Permit revised.

Water Permits are issued by WRMA to which applications must be submitted. Every applicant for a Water Permit must complete and file with WRMA the following documents in triplicate, accompanied by the prescribed fee:

• An application in the prescribed form together with plans or drawings, which will allow all requisite details to be legibly recorded;
• An application to construct the required works.

The following forms are prescribed by the Water Act for the purpose of filing the above mentioned applications:

• Form No. WRMA 001A: Application for a Water Permit;
• Form No. WRMA 001B: Surface Water covering Diversion, Abstraction, In-stream and Conveyance Works;
• Form No. WRMA 001C: Storage Dams

4.2.3 Permit Classes

The Water Resources Management Rules 2007 provide for the following classes of water use permits:

• Class A: low risk water use
• Class B: potential to make a significant impact on a resource
• Class C: significant impact on water resource;
• Class D: involves two different catchment areas, is of a large scale or complexity

An application for a water permit for a dam or storage reservoir will need to ascertain the category of dam as described in Table 4-1 from the Fourth Schedule, Water Resource Management Rules (2007).

Table 4-1: Classification of Dams

Having decided on the category of dam, the applicant must determine the appropriate class of permit using Table 4-2.

Table 4-2: Relationship between Category of Dam and Class of Permit

4.2.4 Water Permit Application Process

The required forms may be obtained from the office of the nearest Regional or Sub-regional Office of WRMA. The applications must be completed and filed in triplicate together with all relevant plans and drawings as well as a copy of the design report. A fee covering the examination of the application and the issue of a permit must be paid in accordance with the quantity of water for which the application is made. The actual fee is dependant on the Category of Permit.

Upon receipt of an application, WRMA may amend or vary the application, maps or plans. The law requires stakeholder consultation before the grant of the application. This usually will involve the input of the Water Resources Users Association in cases where there is a WRUA in the area. The WRUA comments should be documented on WRMA Form 003 and submitted to WRMA. In contentious cases a full public hearing of the application may be required.

There may also be a need for an Environmental Impact Assessment, depending on whether the structure requires a full EIA study under the Environmental management and Coordination Act, 2009. This will require consultation with the NEMA office in the county.

WRMA may, after consideration finally approve, refuse or approve the application in part. If the application is finally approved, WRMA shall consequently authorize the construction of the works. In such case, a copy of the application, with maps and plans as approved shall be returned to the applicant with the authorization.

Any works authorized may be inspected, during construction, by officers of WRMA. Upon completion of the works authorized, the operator shall submit a completion certificate (Form No. WRMA 008), upon which an inspection may be made by an officer appointed by WRMA.

Upon completion of the works and in accordance with the terms of the authorization, WRMA shall issue on such terms and conditions as it may deem necessary a permit to divert, abstract, obstruct, use or store the quantity of water for which the application was finally approved.

4.2.5 Requirement for Hydrological Assessment Report/Dam Design Report

Rule 64 of the Water Resources Management Rules 2007 requires a dam design report to be submitted as part of the application documentation. The form of the design report is provided in the Second Schedule. The report shall be approved by WRMA prior to construction. The rules state that the level of detail of the report depends on the class of dam and so will vary from case to case.

In addition to the dam design report the Rules require a hydrological assessment report. The specifications of the report are provided in the Second Schedule and these should be reviewed by the professional preparing the report before embarking on the assignment.

In addition it is important that an analysis is undertaken in the context of the EIA approval of the potential environmental impacts of the dam. This analysis may also include the determination of the Reserve or environmental flow requirements.

Rule 57 states that a dam shall be designed and supervised by the appropriate category of qualified water resource professional as set out in Table 2 of the Fourth Schedule.

Rule 58 states that a dam shall be constructed by the appropriate category of contractor as set out in Table 3 of the Fourth Schedule.

Finally Rule 66 requires the filing of a dam completion report with WRMA. The form of the report is set out in the Second Schedule and a completion certificate is to be issued by WRMA.

4.2.6 Requirement for Qualified Water Resource Professional

Rule 57 of the WRM Rules 2007 specifies that a qualified water resource professional shall be used to design and supervise the construction of a dam as specified in Table 2 of Schedule 4. This applies regardless of whether the project is a state, community or private endeavour.

The registration of water resource professionals is dealt with in Rules 132 to 140 of the WRM Rules 2007. It gives the criteria to be met by individuals who wish to be registered as qualified water resources professionals, the application process, licensing and regulation of professionals, including the procedure for lodging complaints against professionals.

The MWIS maintains a register of qualified professionals and this should be inspected before engaging a professional to undertake an assignment involving a dam construction. The use of qualified professionals enhances the quality of the work and minimises the risk of dam failures.

4.2.7 Requirement for Qualified Contractor

Rule 58 of the WRM Rules 2007 also require that qualified contractors are used to construct dams. The category of contractor is set out in Table 3 of the Fourth Schedule. This applies regardless of whether the project is a state, community or private endeavour.

The registration status of a contractor should be verified before engaging the contractor. Additionally the National Construction Authority Act, 2012 requires contractors to be registered with the Authority in order to undertake construction. The register of contractors showing the category of works they are registered for is published in the Gazette. It is possible to obtain a copy of the register from the Authority but additionally the contractor should be asked for evidence of registration.

4.2.8 Requirement for Regular Inspections

During construction, a dam construction progress report is required to be submitted to WRMA at such intervals as WRMA requires, as per Rule 65 of the WRM Rules 2007. Rule 93 gives WRMA the authority to inspect the works at any time, prior to, during or after construction.

4.2.9 Fines and Penalties for Offences under WRM Rules

The Third Schedule of the WRM Rules (2007) sets out the fines and penalties for offences committed against the Rules.

4.3 Policy on Environmental Management

Dam construction is also governed by environmental policies and laws. The current environmental policy is the National Policy on Environment and Development, 1999. The key policy principle relates to sustainability in the use of natural resources. The policy was given effect by the National Environmental Management and Coordination Act, 1999.

4.4 Environmental Laws and Regulations

The National Environmental Management and Coordination Act, 1999 is the main legal instrument on environmental management. The Act establishes the National Environmental Management Authority (NEMA) as the key coordinating institution on environmental management in the country. The Act also provides that other agencies with statutory functions in the natural resources sector are lead agencies, meaning that they will take the lead in implementation of environmental policies and laws, within the context of their mandate. WRMA is therefore a lead agency under EMCA, 1999 for purposes of issuing permits and regulating dams and small water structures.

Under the Act regulations have been gazetted to give effect to the provisions of the act. The key ones are:

• The Environmental Management and Coordination (Environmental Impact Assessment and Audit) Regulations LN No 101 of 2003
• The Environmental Management and Coordination (Waste Management) Regulations LN No 121 of 2006 which deals with the handling of waste products and
• The Environmental Management and Coordination (Water Quality) Regulations LN No 120 of 2006 which stipulates water quality standards.

4.4.1 EIA Permit

Section 58 of the Environmental Management and Coordination Act, 1999 imposes a requirement for any project proponent to obtain an EIA licence from NEMA before undertaking a development project. Dams would therefore require an EIA licence. The EIA report is to be prepared by an EIA expert who is registered with NEMA. The proponent of the dam project is required to choose a NEMA registered EIA expert to prepare the report. Additionally a fee is paid to NEMA for the licence.

The EIA process should identify the potential environmental impacts of the dam and propose mitigation measures which can address these impacts. The EIA process also requires stakeholder consultation.

4.4.2 EIA Permit Application Process

The application for an EIA licence begins with the preparation of a project report which gives a brief description of the project. The report enables NEMA to determine whether the project will have significant impacts on the environment. If so then a full EIA study will be required otherwise an approval can be issued based on the project report.

Where a full EIA study is required the project proponent is required to engage a registered EIA expert to undertake the study according to Terms of Reference agreed with NEMA. The study involves gathering data to establish the baseline, carrying out public consultation and analysing the information to determine impacts. Where adverse impacts are anticipated then mitigation measures need to be proposed.

NEMA is required to send the report to lead agencies for their input. Additionally NEMA will make public the fact that a licence has been applied for and invite comments. Where the application raises objections a public hearing may be held. Where there are complex issues NEMA may appoint a technical advisory committee to advise it.

If approved NEMA will issue a provisional approval and subsequently issue a licence for the works.

The requirement for an EIA licence must be complied with in addition to the requirement for a water use permit. The issues arising in the two processes may be very similar but in the case of EIA licensing ecological and environmental sustainability issues may arise which go beyond the water use issues.

NEMA maintains offices at the county level where there is a county and sub county environmental officer. These officers should be consulted to facilitate the process of EIA licensing.

4.5 Land and Trespass Laws and Regulations

The current land laws are found in the Land Act, 2012 and the Registration of Land Act 2012. Under the Land Act land is either public land, private land or community land. Private landowners have evidence of ownership, which is either a certificate of title or a certificate of lease. A formal search from the land registry to confirm ownership is important.

For a dam project access to and use of land is critical. Therefore an agreement ought to be reached with the landowner regarding the use of land. The landowner may sell the land to the project, in which case a transfer is registered in the name of the dam owner. Even if a transfer is not agreed to some formal documentation recording the landowner’s agreement to the use of the land is essential.

In several cases the landowner is the government, the county government or the community who have agreed to allow the land to be used for the dam. In these cases a transfer of the title to the dam owner is not likely but some letter of authority to use the land should be obtained.

Securing land access and rights of investigation and development may require arranging for a wayleave (or easement). Where access is required over another person’s land then a wayleave will be necessary. This is formal permission to cross over someone’s land, using pipes of some other infrastructure. Wayleaves are often paid for and recorded on the title so that they bind the owner. Obtaining wayleaves can at times be problematic. The Water Act 2002 provides a procedure for seeking WRMA’s intervention in cases where the landowner proves unreasonably difficult to grant a wayleave.

4.6 Liability and Indemnity

Where there is damage to another’s property, say from failure of a dam, the dam owner may face a claim and be liable to pay compensation. This may require that the dam owner take out insurance. Additionally the dam owner may require the professionals and the contractor involved in the project to provide an indemnity in the event that the damage has arisen from professional negligence in the design or construction or similar failing. For this purpose the professionals will be required to take out professional indemnity insurance cover. The contractor will also take out an appropriate insurance cover.

4.7 Procurement Regulations

If public money is being used to carry out the project it is necessary to follow public procurement regulations. These are found in the Public Procurement and Disposal Act, 2006. These require that the public agency undertaking the project use competitive tendering to secure the service providers. There are limited cases in which competition is not required but it is important to remain complaint as the contract award can be nullified if the law is not complied with.

If the project is supported by donor funds, the project proponent should check if public or donor procurement laws apply. At times donor procurement laws can be quite stringent and it is important to familiarise oneself with them if the funds are being provided by a donor.

If the project is a private endeavour, using private funds, the owner can decide how she/he procures an engineer and contractor but he/she must still contract engineers and contractors that fulfil the legal requirements.

4.8 Other Relevant Laws and Regulations

Labour laws will govern the labour practices that the contractor must comply with during construction. Therefore the contractor must be familiar with the requirements of the labour laws and occupational safety and health laws. These can lead to criminal and civil liability if they are not complied with and delay the project.

5.1 Introduction

Successful development of safe, economically and environmentally appropriate small dams, pans and other water conservation structures, like any other development project, demands the active participation of stakeholders to ensure proper coordination, planning, smooth implementation, and sustainable benefits. The importance of actively developing and sustaining relationships with affected communities and other stakeholders throughout the life of such projects has proved beneficial in risk management and has delivered better project outcomes.

This chapter details the basis, requirements, importance and process of stakeholder engagement that can be applied in developing cooperation with stakeholders during the design, construction, operation and rehabilitation of water conservation structures. It is however important to ensure that such community participation and engagement takes cognizance of how participation is captured in the diverse communities in Kenya. In some cultures in the ASAL regions of Kenya, for example the Deda system for range management and the Abba Herega at a point source, have legitimacy at community level but often lack official recognition and hence cannot enforce their rules.

Additionally, it is important to note that since the 1990’s great strides have been made in the area of public participation. This has culminated in the development of legislation, policies, strategies and tools for stakeholder engagement that were either previously not in place or not well developed. There now exist diverse strategies and tools for stakeholder engagement and thus the description of a strategy or tool in this manual should not in any way limit the users of the manual from using or applying other available, effective strategies and tools; the idea is to ensure that the key steps of stakeholder identification, analysis, engagement and monitoring are done.

Reference should be made to other documents that provide more detail on building capacity within communities to manage their water supplies which include the local dams, pans and other water conservation structures.

This chapter is primarily orientated towards public projects in which the local community are the beneficiaries of the structure being developed. However, the process of stakeholder analysis and engagement is equally applicable to private projects even though the local community may not be the direct beneficiaries of the proposed water conservation structure.

Additional reference can be made to the WSTF documents associated with the Community Project Cycle (CPC), the WRUA Development Cycle (WDC) and the UNICEF, FAO and Oxfam GB (2012) document A Trainers Manual for Community Based Water Supply Management in Kenya which provide tools for stakeholder engagement.

5.1.1 Objectives of Stakeholder Engagement

The principle objectives of stakeholder engagement are to:

• Ensure effective co-ordination of the project with different sectors and players;
• Introduce a range of ideas, experiences and expertise from stakeholders which motivates development of lasting and improved water conservation structures that incorporate all stakeholders interests;
• Build consensus between the projects and community members to mitigate potential risk of conflicts which can be detrimental to the success of the water conservation project.
• Utilize existing opportunities and relationships to enhance project outcome;
• Foster local pride and ownership among project stakeholders.

5.1.2 Classification of Stakeholders

A stakeholder is any person, group or organization who can be positively or negatively impacted by or cause a positive or negative impact on a proposed water conservation project. There are two key classifications of stakeholders as follow:

Primary Stakeholders:- These are persons, groups or organizations that are directly affected by the project either as beneficiaries (positively impacted) or de-beneficiaries (negatively impacted), sometime referred to as a Project Affected Person (PAP). This could for example include various water users of the proposed structure.

Secondary Stakeholders:- Persons, groups or organizations that are not directly affected by the project but have an intermediary role in the project and may thus have an effect on the project outcome. This could include stakeholders such as government ministries and departments, regulatory bodies, development organization, among others who have a stake in the proposed water conservation structure.

Persons, groups or individuals from either group who can significantly influence or are important to the success of the project are further referred to as Key Stakeholders. This group may include local opinion leaders such as local political leaders (e.g. MCAs) and ward administrators.

5.2 Legislative Basis for Community and Stakeholder Participation

Stakeholder engagement is not only a positive strategy for enhancing water conservation projects success but also a legal and ethical requirement. The following is a brief description of some of the existing laws and policies that demand stakeholder engagement.

1. The Constitution of Kenya 2010 has captured public participation of its citizens under national values and principles of governance (Chapter 2). The Bill of Rights (Chapter 4) further provides for among others the right to freedom of expression (Article 33) and the right to access to information, and the protection of all right and fundamental freedoms.

   The Constitution of Kenya 2010 also introduced the county government structure necessitating changes in engagement with a new set of stakeholders. The county ministries or departments for the time being charged with the responsibility of water supplies and land at county level will need to be fully involved in the siting, designing, planning and bestowing of community ownership of the water conservation facilities within the context of the county laws and in line with the national laws.

   Participation of the community in the processes of planning and design will then be ensured through the legal and social framework overseen by these departments. The rights and responsibilities of the community must be discussed and agreed in a structured way and formal registration of a community based organisation (or dam management committee) ensured within the prevailing legal framework.

   In light of the dictates of the Constitution of Kenya 2010 governance of WRUAs and other water associations has also changed. While previously a group of community members could register themselves as owners of a community asset such as a dam and take charge, the new dispensation now requires that such an arrangement is officially sanctioned by the county government department in charge of water supplies. The mandate will be a delegated responsibility by the county government especially if the location of the dam or other water conservation structure is on public or community owned land and if the group is formed to manage the dam on behalf of the wider community. Each county will have its own process of registering and recognizing such a group and how to monitor its management of the dam as a public asset.

2. Water Act 2002 makes provisions for the formulation, through public consultation, of a catchment management strategy for the use, development, conservation, protection and control of water resources within a catchment area (Section 15). Section 16 further provides for the constitution of a catchment area advisory committee (CAAC) with membership of diverse stakeholders within the catchment areas. At a local level, the WRUA membership should reflect the key stakeholders of water users within a sub-catchment and should therefore be considered during stakeholder analysis and consultation for the project.
3. The Environmental Management Coordination Act (EMCA) imposes the need for an Environmental and Social Impact Assessment (ESIA) for all public and private water storage infrastructure projects. The ESIA is dealt with in more detail in Chapter 6. However, in certain projects a public or non-government body has the role of project owner, project manager, and/or project beneficiary and must fulfil the requirements of the Environment Management and Coordination Act (EMCA).

4. The Community Land Bill, 2013: deals with structures erected on community land. The small dams, pans and other water conservation structures dealt with in this manual will be located on land that is either communally owned (held in trust by county government) or privately owned. Article 14(3) of the Community Land Bill, 2013 states that, until any parcel of community land has been registered in accordance with this Act (Community Land Act – yet to be enacted), such land shall remain unregistered community land and shall be held in trust by the county government on behalf of communities pursuant to Article 63(3) of the Constitution. However, once an unregistered community land is registered in accordance with this Act, the trusteeship role of the county government shall lapse and the community group registered in relation to such land shall, through its relevant committee, assume the management and administrative functions provided in this Act. The Bill provides a mechanism for the management of community land. Article 18(1) states that every community shall through election by the community assembly, establish a Community Land Management Committee. On land use planning, Article 36 (1) of the draft Bill states that a Committee may, on its own motion or at the request of the county government, submit to the government for approval a plan for the development, management and use of the community land vested in the management of the Committee.

   In light of the above, where the small dams, pans and other water conservation structures are to be constructed on community or public land, due process should be followed as contained in the laws above to ensure that the ownership is secured for the said asset before construction begins. If the dam – a public asset - is to stand on privately owned land, the community should insist on the owner of the land signing a lease with the community before construction works begin.

5. The Dublin Statement on Water and Sustainable Development are also known as the Dublin Principles. This statement recognizes the increasing scarcity of water as a result of conflicting water uses and the overuse of water. The statement sets out the following four guiding principles as recommendations for action at local, national and international levels to reduce water scarcity:

   1. Fresh water is a finite and vulnerable resource, essential to sustain life, development and the environment;
   2. Water development and management should be based on a participatory approach, involving users, planners and policy makers at all levels;
   3. Women play a critical role in the provision, management and safeguarding of water;
   4. Water has an economic value in all its competing uses and should be recognized as an economic good.

5.3 Key Concepts in Community Participation

5.3.1 Sustainability

In order to achieve sustainable projects (in the case of small earth dams, pans and other water conservation structures, the structure should have a useful lifetime of 20 to 25 years) the beneficiaries should be actively involved in the planning, construction and particularly operation and maintenance of the facility. Sustainability for a small earth dam or pan is being achieved when:

1. The water sources are not over-exploited but are naturally replenished;
2. Water systems are maintained in a condition which ensures a reliable and adequate water supply;
3. The benefits of the supply continue to be realized by all users indefinitely;
4. The service delivery process demonstrates a cost-effective use of resources that can be replicated;
5. The water supply system is maintained in a condition which is able to provide water services to meet the needs of the growing population and increasing water demand without external support.

5.3.2 Community Empowerment

Community members must develop and maintain structures for holding their leadership accountable as part of self-governance. But this also comes with community members’ understanding of their own responsibilities for the management of the asset. Some possible structures of accountability are included in Table 5-1:

Table 5-1: Possible Accountability Structures

5.3.3 Inclusivity and Gender Balance

Inclusivity is another essential aspect of the new constitutional dispensation. While prior to 2010, it would be acceptable to put together a leadership team of any community or national institution without due regard to gender balance, the constitution now puts a threshold for participation of all gender in leadership. Especially in rural and ASAL communities, women are traditionally the most knowledgeable regarding domestic water needs as well as the main family providers of domestic water and yet are most often overlooked when leadership is being constructed. Where tradition works against women engaging in leadership with men, it is important to interrogate the traditions and find a way to ensure the constitutional minimum threshold of two-third gender rule ensuring that marginalized groups do not only belong to the committees but are elected to positions of authority within the committees.

5.4 Stakeholder Analysis

Effective engagement of beneficiaries in any project starts with a thorough analysis of project stakeholders. Stakeholder activities can either enhance or undermine the operations of a project while the project on the other hand can also impact the stakeholders positively or negatively. It is therefore important that before the project starts, its stakeholders are properly identified and analyzed, and their level of involvement or how the project will affect them or their operations is described and ways of engaging with them developed. Stakeholder analysis involves three key steps:

1. Identification of the key stakeholders from the large array of groups and individuals that could potentially affect or be affected by the proposed intervention.

   This process can be initiated by indiscriminately listing all stakeholders likely to be affected or affect the proposed project. Prioritization of the stakeholders listed can then be done through consultation with experts within and outside the community to come up with the list of key stakeholders.

2. Assessment of stakeholder interests and the potential impact of the project on these interests as well as the influence of the identified stakeholder on the project. Influence in this case refers to the power that a stakeholder has over a project and thus the significance of their involvement in the project.

   Once the key stakeholders have been identified, the possible interest and influence that these groups or individuals may have in the project will then be considered and assessed. Stakeholders are typically categorized into one of four groups as follows:

   • Stakeholders of high influence and high interest: They need to be closely engaged throughout the preparation and implementation of the water conservation structure project. Collaborative and empowering approaches should be thus adopted with this group. Caution also ought to be taken of stakeholders in this group who have strong opinions.
   • Stakeholders of high influence but low interest: They are not the target of the project but their influence could be used to oppose the project. They therefore need to kept informed and their views on the project taken into consideration through consultation where this is necessary.
   • Stakeholders of low influence and high interest: They require special efforts to ensure that their needs are met and that their participation is meaningful through consultation and involvement. Particular attention need to be paid to marginalized groups whose low influence may stem from poor opportunities.
   • Stakeholders of low influence and low interest: They are unlikely to be closely involved in the project and require basic level of participation which can be achieved through information.

3. Outlining a stakeholder participation and engagement and communication strategy for the different stages of the project based on the analysis of the stakeholders.

   The assessment of the stakeholder’s interest and influence serves to inform the participation method and technique to be applied in the engagement of each of the stakeholders based on where they fall in the assessment.

   There are five common approaches of public participation; (1) informing, (2) consulting, (3) involving, (4) collaborating and (5) empowering with each requiring application of unique techniques such websites, focus groups, workshops, committees, and ballots respectively. Stakeholder analysis thus informs the intensity of the engagement required for each group of stakeholders as well as the approach of participation.

Table 5-2 provides a sample of analysis that would be necessary for stakeholder groups of a small community dam, pans, rock catchments, sand dams, and sub-surface dams. Implementers must analyze and fill in all the columns provided in the table to ensure that the interests of any group do not compromise those of another group or the smooth operations and implementation of the project. Ideally, community participation should include meetings with all the stakeholder groups either jointly or separately to understand their concerns and include these concerns in the planning, development and maintenance of the project.

Table 5-2: Stakeholder Analysis

5.4.1 Methods and Tools for Stakeholder Analysis

There are various tools for undertaking stakeholder analysis in a community meeting or group. The method helps the community to establish answers to the second and third columns of Table 5-2.

1. Participatory methods

   Participatory methods include focus group discussions, workshops, surveys, and polls among others which are used for discussions, scoring, ranking, voting and agreeing on the level of effect each stakeholder is likely to have on the project – positive or negative - and agreeing on whether the particular stakeholder has influence and interest in the project and if they need to be engaged or not.

2. Graphical Stakeholder Analysis Techniques

   The Venn diagram is one example of the visual way of undertaking stakeholder analysis. The community (or representatives) sit in a group and agree on a list of stakeholders. The project name is written on a piece of paper and enclosed in a circle. Each stakeholder is represented by its own circle in which the size of the circle represents the potential influence of the stakeholder on the project and the distance from the project circle represents the “closeness” of the relationship. Through discussions the group then decides how to engage with the stakeholders. The group can strategize on how the highly influential stakeholders that are “far” from the project can be moved “closer” to the project. A sample Venn diagram is illustrated in Figure 5-1.

   

   Figure 5-1: A Simple Venn Diagram Illustrating Stakeholder Relationships

5.4.2 Roles and Responsibilities

It is now an accepted practice of development that responsibility through participation enhances ownership and ensures sustainability of projects. Each of the stakeholders identified in the processes above should be assigned roles and responsibilities in the project either individually or through representation. This will ensure they are engaged positively and are therefore unlikely to do anything to undermine the project.

5.4.3 Stakeholder Participation Process

1. Initiation of engagement of identified stakeholders:

   Following the processes of identifying stakeholders and listing what their interest in the project might be, the project implementers should approach each group by identifying their leadership structures and engaging them. This might take time and is sometimes a question of trial and error as you identify the real people in the group that hold the decision-making powers.

2. Stakeholder group meetings:

   Once these groups are identified and approached, each group should be encouraged to meet and discuss the potential benefits and challenges they foresee in the proposed project. The groups should then choose representatives to carry their case at the all-inclusive stakeholders meeting where their concerns will be heard and addressed.

3. County stakeholder meetings

   Efforts are required to ensure that relevant county government departments are involved in the coordination and planning of the project to avoid duplication of projects and/or efforts and to ensure the project fits in with the broader development agenda for the area. Counties may have established sector based coordination forum (e.g. County WASH forum).

4. Local level stakeholder meetings

   Local level water and natural resource management stakeholder groups (e.g. WRUAs, CFAs, rangeland management associations, etc), including traditional rangeland and water management forums, should be identified and involved in project planning and coordination.

5. Community Local Leadership:

   Communities are often a special group of stakeholders in such an enterprise due to the fact that either by design or default they are often less organized or resourced than other project stakeholders. Special care should thus be taken to ensure their inclusion in the processes without compromising their integrity. Just like the other stakeholders, communities are also not homogenous; it is important for the project leadership to understand the different pockets of leadership within the community. One way is to start with the establishment of formal contacts with the local leadership e.g. MCAs, head teachers, ward administrators, chiefs, religious leaders, etc., as most communities will only participate fully when they know that their leaders are informed of what is going on.

   The leaders should be briefly informed about the plans for the project, what it aims to achieve and what limitations and constraints might exist. They should then be encouraged to convene meetings with their members to discuss the issues that are likely to emerge as the project is rolled out, the potential benefits, possible conflicts and likely areas of participation of the community members. The leaders should then help the community to elect representatives to carry their case in the subsequent meetings. Often communities have a wealth of knowledge about their areas and what can or cannot work but they must be facilitated to share this knowledge and wisdom with project planners.

6. Agenda of discussions with community members:

   Communities should be organized and facilitated to discuss the matters listed below and minutes of the meetings and agreements reached should be recorded and filed with the relevant County departments for reference.

   1. Clarify the role of the community in the project;
   2. Agree on roles of the community during implementation and operation and maintenance;
   3. Define geographical boundaries of the “community” that the structure will serve;
   4. Establish that the construction (or rehabilitation) of the small dam, pan or other water conservation structure is a felt need in the community;
   5. Establish how the construction fits with the wider plans of development in the community;
   6. Discuss in detail the role of the community, agree on aspects of ownership, contributions (if any), tasks expected, responsibilities of all parties etc.;
   7. Counter check population, land and ownership data etc.;
   8. Establish how other development projects in the area have been implemented;
   9. The leadership team should be tasked to develop a draft constitution, MOU or rules of engagement stating the roles and responsibilities of the different players in the project;
   10. Discuss the design of the structure and agree the various technical aspects such as fencing of the structure and reservoir area and the construction of proper draw-off facilities (cattle trough, communal water point, distribution networks, intakes etc.);
   11. Discuss in detail the operation and maintenance aspects of the project so as to enhance ownership;
   12. Introduce the work plan to be followed during the implementation phase. Outline who does what, when and how;
   13. Education on the need for proper fencing and draw-off facilities;
   14. Further expressing of views concerning the project, and answering the beneficiaries’ questions;
   15. Establish a community project leadership team such as a “Dam Committee" (if the community is ready, and no committee exists);
   16. Set a plan of activities, in terms of contributions (construction materials) and labour required, including a detailed timetable. This should be a joint exercise between the Dam Committee and implementing organisation or administration.

5.4.4 Constitution and Registration of Groups

After the initial community and stakeholders meetings, decisions will be reached on the nature of the structure of the organization necessary to carry forward the work of the project. Some structures lend themselves better to the operations of a small community water conservation project than others. Some possibilities include – Associations, Cooperatives, Societies, Self-help groups/community based organisations, Limited Liability Companies etc. Most communities prefer to work with the Association structure as this suits a membership group. Most important is the need for registration as a legal entity, and thus the community should be advised on the alternatives available for registration as such.

Once the community has settled on a form of registration, the next step is to develop a governance document or constitution to guide its operations. Templates exist from which members can draw. However, the group can develop its own constitution from scratch. A good constitution should state:

1. Name of the organisation;
2. Type of organisation;
3. Objects of the organisation;
4. Membership criteria;
5. Governance structures complete with offices and tenure (term limits important);
6. Case for dissolution and what to do when that happens;
7. Sources and uses of organization funds;
8. Organisational structure.

In addition to the constitution, the group will also need to develop site specific by-laws to govern their internal day to day operations.

5.4.5 Group Establishment and Capacity Development

Like children, no organization is born performing. Every organization must go through various stages of formation before they can perform at peak. Even groups composed of highly technical members will need training on the ways of working within the new organization. This may include developing terms of reference, instituting processes for meetings and resolution of conflicts and sharing of opposing views. In most cases this learning curve will require training. Some important training topics for new leaders of a community water structure include:

1. Time and time management;
2. Methods and processes;
3. CBO governance skills (leadership, group dynamics and conflict management, accountability and transparency, compliance to constitutional provisions, planning, budgeting, etc.);
4. Financial management skills;
5. Technical operation and maintenance skills;
6. Resource mobilisation.

5.5 Community Participation Activities

5.5.1 Community Contribution

Community contribution will include but is not limited to time, land, cash, labour, and materials. Supporting agencies often choose different ways to either acknowledge or compensate these contributions by the community and other stakeholders. Some methods that have been used include compensation of the community time and labour through modes such as cash for work, food for work or food for assets. In cases where land belonging to the community is alienated, some agencies recognize this by erecting boards that note that the asset was developed through the contribution of land by a particular community and financial support of a particular agency. Some communities contribute to the project by providing labour for excavation or cash in lieu of labour. Whatever the choice of contribution, the terms should be clearly agreed and documented. Where legal transfers of any assets such as land on which the water conservation structure or access road will stand are involved, the transfers should be legally done [See Chapter 4 for details].

It is important that these issues are clearly brought out and discussed at the initial stakeholders meetings and modes of compensation or recognition agreed and documented before the project starts. Failure often leads to unnecessary conflicts during implementation and in the current dispensation could lead to unnecessary court cases that could delay the project for a long time.

5.5.2 Rehabilitation of Water Conservation Structures

Whenever rehabilitation (particularly where de-silting of water conservation structures is considered) the reasons why the need for rehabilitation arises should be thoroughly examined and discussed with the beneficiaries. This exercise should take place during the first stages of the planning phase. In case the useful lifetime of the reservoir has been less than should reasonably be expected (20 to 25 years) the issue of sustainability after the rehabilitation should be raised in this phase of the dialogue with the community. The rehabilitation should consequently only be carried out if the required conditions to ensure sustainability will be met (e.g. if erosion control measures are introduced in the catchment area). The economics of desilting, compared to other options for storage development, should also be considered.

5.5.3 Assessment of Potential for Community Participation

When selecting sites for the construction (or rehabilitation) of small dams, pans, or other water conservation structures a survey of the existing potential for active involvement of the concerned community in the proposed project should be undertaken. It should be ascertained that a certain implementation capacity exists (within the community) before proceeding with the project. It will generally be difficult to meet objectives and to obtain sustainable results if the project has to be started without such capacity on which to build.

Dialogue with communities regarding possible construction or rehabilitation of small earth dams, pans and other water conservation structures should be carried out by people with field experience in community dialogue situations who may include Community Development Assistants (Ministry of Culture and Social Services), water officers stationed in the field, and Soil and Water Conservation Extension Workers (Ministry of Agriculture).

Areas with the potential for community participation should be identified, quantified and costed during the preliminary stages of project development. Examples of such activities include grass planting, rip-rap placing, construction of check dams and live fencing etc.

5.5.4 Communicating with the Community

One of the basic factors that will guarantee maximum community participation is how information regarding the project is communicated to and from the community. Information to the community should be simple, to the point and as complete as possible. When communities are told about issues they should be invited to respond to those issues and expose how they affect them. While the construction or rehabilitation of the water conservation structure is on-going, certain issues covered in the meetings may be revisited, in order to build up the ownership sense in the community and to establish a base for the future operation and maintenance of the structure. Communication can be structured so the community receives updates on the construction process either by telephone (text messages) or regular updates through radio or further meetings. At the end of a phase of the project – say construction, it is important for the community to have a meeting and review progress and make certain decisions regarding the project.

It is important that the project implementation team allows (requires) the community representatives time to consult the community formally on matters regarding the project. What tends to happen with most communities is once they elect representatives their participation ends and the representatives then take over the decision-making on all matters of the project on their behalf. Such a situation is not only undesirable but often also leads to conflicts later. The community representatives are NOT the community.

5.5.5 The Role of Communities in the Construction, Rehabilitation and Maintenance

• Project Committee

  The selected Project Committee should ideally consist of 9-10 members, representing all ethnic groups in the community. At least not more than 2/3 of the members should be of one gender. This will ensure compliance with the constitutional threshold as well as enrich the leadership. Special groups within the community should also be considered for representation. The committee should elect its office bearers (Chairperson, Secretary, Treasurer) and dearly outline their respective duties. It is important that the elected office bearers be literate, so proper records of the group’s activities can be kept. The office bearers should be joint signatories to any bank accounts, while the treasurer shall be responsible for receiving and disbursing all moneys belonging to the group (under the directions of the group), as well as for the keeping of proper books of accounts.

• Implementation Phase

  During the construction phase of the project (construction or rehabilitation) the community could be responsible for the following:

  • Clearing of water conservation structure, spillway and reservoir area of bushes and trees;
  • Fencing of water conservation structure and reservoir area: making or purchase of fencing posts as well as installation of the fence;
  • Completion of the draw-off system downstream from the valve chamber: provision of building materials and construction of a cattle trough and a communal water point.

  It is essential that cattle are not allowed in the reservoir (water conservation structure), wherever possible. In cases where the community is unwilling to fence the reservoir and to provide cattle troughs and\or communal water points, construction or rehabilitation of the facility should be carefully considered. However, the need for off-site watering facilities such as cattle troughs should be strongly emphasised, to reduce contamination of the reservoir by livestock.

  At the end of the construction or rehabilitation of the dam, pan or any other water conservation structure, a small ceremony should be organised to mark the transition from construction to operation and maintenance and specifically to reinforce the community ownership of the facility and responsibility for operation and maintenance tasks.

• System Components

  As part of developing an operation and maintenance schedule, it is important to consider each component of the project, its function and maintenance requirements. Potential system components specific to a dam project are listed in Table 5-3 below. The purpose of each component is explained:

  Table 5-3: System Components

  Item	Purpose
  Catchment Area	Area above the source where rain falls and the runoff comes from
  Source	Where water is taken from, e.g. river or stream
  Inlet channel	A channel that conveys water from the source and puts it into the dam or pan
  Pan Embankment	Wall of excavated material
  Dam Embankment	Wall that is built and compacted to hold the water
  Storage area	The volume that is filled with water
  Spillway sill	Wall in the spillway to control top water level
  Spillway channel	Channel to safely discharge excess water to water course or away from the dam/pan
  Outlet/draw-off	Pipe-work to take water out of the dam
  Perimeter fence	Constructed to prevent livestock, wild animals and children from entering the dam/pan area and contaminating the water

  The most common problems with small pans, dams and most of the other water conservation structures are (1) silting up which reduces the stored volume and therefore the reliability or the period of time that there is water in the dam or pan after the end of the rains and (2) blocking of the spillway with vegetation thereby reducing the capacity of the spillway to discharge floods safely and (3) erosion of the spillway which can reduce the storage capacity of the structure.

• Operation and Maintenance

  Past experiences indicate that operation and maintenance is probably the most problematic aspect of small dams, pans and other water conservation structures. In this respect it is recommended that cash contributed by the beneficiary community should be converted to materials required for operation and maintenance or deposited into the Group's bank account. This will help avoid temptation to misuse contributed cash resources.

  Operation and maintenance of small dams, pans and other water conservation structures is simple and inexpensive, but nevertheless essential in terms of project sustainability, since unattended minor issues can easily develop into major problems which can ultimately reduce the useful life-time of the structure.

  It is the responsibility of the project committee to arrange for regular inspections and basic repairs and maintenance works. During the implementation phase of the project (construction or rehabilitation), a "Water Conservation Structure operator", who will be responsible for the operation and maintenance matters should be appointed by the project committee. Remuneration and terms of service regarding this operator should be worked out by the community. It is recommended that the functions of management (Project Committee) be separated from those of operation and maintenance.

  During the implementation phase of the project, the operator and selected members of the project committee should receive basic training in operation and maintenance of the structure. Specific issues on which this training should concentrate and guidelines for maintenance of surface water structures are outlined in each chapter of the structures under consideration.

  At the conclusion of construction, a Project Completion Report should be presented to the Project Committee. The purpose of this report is to assist the community in correctly operating and maintaining their facility. It is also preferable that the county government department in charge of water affairs is fully briefed on the completion of the project and is then able to carry out follow-up work and provide assistance to the community after completion of the project. The community should be made aware of who to contact in the county government.

• Plan of Activities

  A clear Plan of Activities for the implementation and operation and maintenance phases should be established by the implementing organisation and the project committee. The Plan of Activities should specify the following items:

  1. Labour requirements (to be provided by the beneficiaries) with timetable, details of working times and days.
  2. Types and quantities of construction materials required with detailed timetable. The Plan of Activities should clearly specify who will be responsible for the provision of which type of materials and when.
  3. The responsibilities for operation and maintenance: technical specifications, as well as who will be responsible for operation and maintenance.

  Ideally the Plan of Activities should be the object of a formalised (written) agreement between the implementing organisation and the community.

5.6 Anticipating Some Common Problems

Like any other operation, community participation will often face challenges but with good planning and adequate trouble-shooting, these should be anticipated and dealt with before they reach a crisis level. Some of the common problems and possible mitigation measures include:

• Poor attendance at project meetings (small numbers; not all groups represented; few women).
  1. Improve notice and awareness of proposed meetings
  2. Schedule meetings at suitable times and in convenient locations
  3. Provide more opportunity for feedback
  4. Arrange to meet unrepresented groups separately.
  5. Arrange for a speaker from another community that successfully completed a similar project.
• Resistance to the choice of the water conservation structure site.
  1. Discuss criteria for site selection with the community before finalizing the choice.
  2. Give proper compensation for acquired land.
  3. Deal with right-of-way problems.
• Difficulties with volunteer labour and default in payment. (often arising from a poor experience with a previous project.)
  1. Organize to pay a stipend to the volunteers.
  2. Agree tariffs with all the members and devise a way to generate and distribute bills and collect revenue
  3. Arrange labour requirements taking into account other community work, cultural events, migration patterns etc.
  4. Allow choice of labour or cash contribution.
  5. Arrange timetable according to the wishes of the community.
  6. It is not recommended to mix different labour types (paid labour, self-help labour, food-for-work).
• Misuse and depreciation of the structure
  1. Make users directly responsible for supervising and cleaning cattle troughs etc.;
  2. Discourage overgrazing in the vicinity of the structure;
  3. Improve hygiene at water points;
  4. Reduce the presence of pools of water that might act as disease breeding points;
  5. Maintain fences in good condition;
  6. Consider ways of reducing vandalism (cutting of fences etc.).
• User unwillingness to contribute construction materials, cash etc.
  1. Make time of contribution convenient e.g. instalments, after harvest etc;
  2. Modify the basis of contribution e.g. based on consumption, ability to pay, distance from the dam etc;
  3. Give discounts for prompt contributions;
  4. Let communities decide on sanctions and incentives.
• Lack of unity in community decisions.
  1. Talk to different factions separately;
  2. Allow sufficient time for the resolution of differences;
  3. Give clear indication of consequences of delayed decisions.
• Multiple projects within the area of interest.
  1. Work with the local county government office to identify ongoing projects;
  2. Conduct proper assessment of the entire area.