Personal Finance

Water laws are comprehensive, use them to tame drought woes

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Cabinet secretaries address the Press on the drought and food security situation in the country last week. Drought should not cause untold water shortage like is the case today. PHOTO | FILE

There is a water shortage in the country, which can be linked to effects of drought.

According to some scientific reports, drought is caused by global warming and climatic change. Apparently, most of the global warming in the region is due to greenhouse gas emissions and aerosol emissions.

While droughts at times could be beyond the control of man, many experts say some of the effects of drought can be managed by planning and proper strategy.

One such school of thought is found in the UN Convention to Combat Desertification, which requires members to come up with programmes that would manage desertification issues such as drought. Kenya is a signatory to this convention.

Locally, a number of laws provide a framework within which regulators can enforce strategies to mitigate drought harm. One such law is the Water Act.

Only two per cent of Kenya’s total surface area is covered by water and, therefore, this resource should be managed well.

The gist of this law is that ownership and control of water resources vests in the government. No one is allowed to obstruct or divert the flow of water. And the Act allows the regulator to promote conservation and usage of the resource.

Previously, the water regulation was guided by the National Water Master Plan whose main goal was to ensure that by year 2000 it was available and potable through the National Water Conservation and Pipeline Corporation.

Previously, municipal authorities were licensed to provide water.

The Water Act of 2002 established two autonomous public agencies to manage and regulate its provision in, respectively, Water Resources Management Authority (Warma) and Water Services Regulation Board (Wasreb).

Warma encourages public participation in management of water through associations. It also designates water catchment areas and issues permits for water extraction.

Wasreb licenses water service providers. If one supplies water to more than 20 households in a day, then they qualify for licensing by the board.

The Water Act has established a number of authorities and boards to manage and oversee the sector, especially regarding regulations, adjudication of disputes, provision of water services, financing the sector (Water Services Trust Fund which seeks to provide financing where the resource is scarce).

Provision of water, management and protection of the resource and protecting water catchments areas are also provided under the Act.

There exists regional water boards which allow the community to enter into agreements with them.

This facilitates devolution of the resource and increases community participation in the sector. For example, in a rural area where the resource is scarce, a community based organisation can apply to the board seeking to operate a water kiosk and water installation.

The public should, therefore, participate more in management of the resource, for example, by joining the catchment areas associations.

Through these associations the public gives views to the authority on management of the resource, including conservation and extraction.

Indeed, residential associations can take proactive steps in meeting their water demand by drilling bore holes or coming up with other innovative ways of extracting and providing water.

The Act allows this and as long as the requirements are met the board can licence the venture as a water services provider.

With proper management, delayed rain should not cause water shortage.

Mputhia is the founder of C Mputhia Advocates.