Annex

REGULATIONS CONCERNING THE USE OF WATER IN AGRICULTURE

Chapter One: General Provision

Art. 1.The regulations were enacted according to article 43 of the Water Law with a view to using water in agriculture.

Art. 2. Water needed for agriculture shall be made available to users based on the plan or use of water and likewise the valid documents on land ownership and water rights in accordance with local practice.

Art. 3. Use of water according to a plan shall ensure equitable distribution thereof to users and effective utilisation of irrigable lands.

Art. 4. The following terms connote the following meanings in these regulations:

1. Use of water means water utilisation by a person deserving water for the purposes of agriculture.
2. Irrigation systems means the complex of irrigation installations to meet the needs of farmers, cooperatives state farms and users in connection with irrigation.
3. Irrigation regime means the aggregate irrigation specifications and technology consisting or irrigation frequency specifying the irrigation times, period, amounts and norms.
4. Irrigation norms means the necessary amount of water needed for one jerib i.e. half an acre under irrigation for raising certain crops in one irrigation.

Chapter Two: Water Distribution

Art. 6. The amount of water needed for irrigation shall be determined according to the area under cultivational, the kind of crop, the irrigation regime, the water rights documents, the local practice and the amount of water in its source.

Art. 7. Water shall be used in irrigation system based on plans for use and distribution of water from the same system approved by the Ministries of Water and Electricity and Agriculture and Land Reform.

Art. 8. Irrigation norms for the crops shall be prepared and approved by the Ministries of Water and Electricity and Agriculture and Land Reform. In the case of absence of such approved norms, those commensurate with local practices shall be used.

Art. 9. During drought years, the organs of the ministry of Water and Electricity in cooperation with the Ministry of Agriculture and Land Reform and in participation of the chief water supervisors and their assistants shall adopt the necessary measures on time about the redistribution of waters taking into account the priority of certain crops.

Art. 10. In case the irrigation system begins to exploit a new source of water, new documents are prepared to record the water rights of farmers with lands under irrigation by the system from the same source.

Art. 11. Should the dry-cropping lands be converted into irrigated ones as a result of building irrigation systems paid for by cooperatives and farmers, this shall not affect the areas owned by cooperatives and farmers. Based on the conditions provided in paragraph I of this article, the cooperatives and farmers will enjoy land tax concessions under article 25 of the Water Law.

Art. 12. Dry cropping or fallow lands can use the existing irrigation system when there is available in the system some surplus water certified by the organs of the Ministries of Water and Electricity and Agriculture and Land Reform.

Art. 13. Flour mills operated by water and non-agricultural organisations can get the water they need from the main or subsidiary canals under the following conditions:

1. if there exists in the anal some surplus of water,
2. if the lands under irrigation and the residential are not affected,
3. if the water for drinking is not polluted and its quality not changed,
4. special permits shall be necessary from the organs of the ministry of water and Electricity in agreement with the ministry of Agriculture and Land Reform.

Art. 14. In case the headworks of an irrigation system in a certain province are fed by a source whose water is needed for the same province, the water shall be distributed according to a plan drawn by the provincial organ of the Ministry of Water and Electricity.

Art. 15. In case the source of water is used by two or more provinces, its water is distributed through the ministry of Water and Electricity in agreement with the Ministry of agriculture and Land Reform based on plans prepared for water use by each province.

Art. 16. Disputes arising from use of water among the water users shall be settled according to articles 39 and 40 of the Water Law.

Chapter Three: Management of Irrigation Systems

Art. 17. While the irrigation system is maintained by the organs of the ministry of Water and Electricity, the management and supervision of water reservoirs together with their annexes, the main canals and their installations, the distribution dykes for irrigation shall be the duty of the Irrigation Department concerned.

Art. 18. Repair and improvement of the irrigation system and promotion of agricultural affairs in the areas under the same irrigation system shall be carried out and the areas to be irrigated shall be taken into account when drawing the plans fro water use.

Art. 19. Canals and their installations located lower than the water distribution shall be included in the land ownership using the same dyke for irrigation supervised by the chief water supervisor or his assistant.

Art. 20. The plan for use of water in areas under the irrigation system shall be prepared by the irrigation technician or assistant water distribution supervisor according to the rules approved by the Ministries of Water and Electricity and Agriculture and Land Reform, taking into account the area under cultivation, the irrigation norm the types of crops and other factors affecting the use of water, with the help of Local Government Organs and the ministry of Water and Electricity.

Art. 21. The provincial irrigation organs shall prepare and submit to the office of the provincial government one month ahead of the irrigation season for approval the general water distribution plan according to the rules approved by the Ministries of Water and Electricity and Agriculture and Land Reform, taking into account then amount o water flowing into the water sources.

Art. 22. The water distribution plan form the irrigation system shall include the areas under the amount and norm of irrigation and such likes for a span of three to five years. However, minor changes are permissible in this plan.

Art. 23. The main duties of the provincial irrigation organs of the Water and Electricity Ministry are as follows:

1. study and survey water sources and supervise the same,
2. determine the right of using water form irrigation systems,
3. draw annual plans for use of water,
4. supervise the effective utilisation of water from the water sources or irrigation installations,
5. determine the volume of work and prepare the plans of participation of land users in collective work in connection with the irrigation system concerned,
6. organise collective work to combat floods and other unpredictable phenomena in cooperation with the Emergency Preparedness Department of the Council of Ministers,
7. control the management of the provincial irrigation system,
8. adopt measures to develop irrigation,
9. participate in the election of the chief water supervisor and his assistant for the irrigation system whose maintenance costs are paid for by the water users.

Art. 24. The main functions of the provincial organs of the Agriculture and Land Reform Ministry are:

1. implement the irrigation regime and plans for watering the crops according to modern technology,
2. help in effective utilisation of water needed for irrigation
3. assist in the activities of assistant water distribution supervisors in connection with water distribution to lands belonging to state farms, cooperatives and farmers based on their water rights whose maintenance costs are paid for by the water users,
4. submit proposals to the authorised organs about redistribution of water needed to irrigate the areas under cultivation in case of unpredictable phenomena such as drought, earthquakes, ..
5. prepare the documents concerned for the settling of disputes arising from use of water between individual water users and state farms,
6. cooperate in preparing the water distribution plans with the local organs of the Ministry of Water and Electricity,
7. cooperate in the activity to prepare the irrigation and drainage systems for the irrigation season and maintaining the installation concerned.

Art. 25. The irrigation departments shall guide the activity of the public irrigation systems, carry out matters related to water conservation, bringing water from the headworks to the areas under irrigation according to the plan for use of water, rendering to water users technical assistance in utilising water installations.

Art. 26. Maintenance of irrigation systems paid for by farmers, cooperatives and other water users shall be the duty of the farmers’ committees elected at the general assembly of water users under the guidance of the chief water supervisor or his assistant.

Art. 27. The general assembly of irrigation system users shall be held at least twice a year with the participation of Local Government Organs to settle the following matters;

1. elect the chief water supervisor and members of the farmers’ committees for a set period
2. fix the remuneration of the chief water supervisor and those of his assistants,
3. review and certify the proposals of the chief water supervisor or those of his assistants regarding the distribution of water among the users during irrigation season,
4. identify all type of collective works including clearing repairing and improving the irrigation systems, the period in which such peaces of work are carried out and the volume of work done by each water user,
5. certify the contracts with organisations repairing or constructing irrigation systems or installations,
6. certify the application for credit from the Agricultural Development Bank for repairing or improving the irrigation system,
7. consider the report of the chief water supervisor or that of his assistants regarding activities concerning water distribution and consumption, the credit obtained from the Agricultural Development Bank and the results of collective work,
8. review other matters to be settled collectively.

Art. 28. The chief water supervisor and representatives of water users shall submit to the local organ of the ministry of Water and Electricity the application for the water needed in special forms indicating the period for which the water is required. The chief water supervisor and his assistant showing special ability in preparing this application form shall be appreciated by the Ministry of Water and Electricity.

Art. 29. The chief water supervisor and his assistant will cooperate with the organs of the ministries of Water and Electricity and Agriculture and Land Reform on technical matters with respect to systems maintained on the expenses of water users. The activities of state farms shall be guided by their technicians.

Source: Water Resources Management in Afghanistan: The Issues and Options by Asad Sarwar Qureshi, IWMI, Working Paper 49