Model By Law of Water Users Association
Article: 1 Name, Address, Area of operation, Goal, objectives and Functions of the
Association
Section 1: ………………………………….Water users Association
Section 2: Address: House No……..Road No….., District,……………Faryab
Section 3: Goal
The Goal of the Water Users Association is the general welfare of the community
Section 4: Objectives of the Association
The objectives of forming water users group is two fold
1.
To facilitate economic use of water
2.
For arranging fair distribution of water to all water users
Section 5: The area of operation of Water users Association includes ……………….
…………………………………………….. and as per the map attached
Section 6: Functions of the Association
1.
To maintain and operate the Irrigation structures
2.
Manage delivery of water and prevent contamination of water
3.
To take actions to improve land properties for economic use of water
4.
Distribute water on contract basis to all members of Water users association
(WUA) and to non-members as per agreement in the service area of WUA
5.
To build or rehabilitate the Irrigation systems within the WUA’s service area
6.
To Train members of WUA to use advanced irrigation methods and ensure the using of new methods and technologies to conserve and use water economically and effectively
7.
To Purchase irrigation water from private or other sources or divert water from natural water facilities and distribute to the members of the WUS
8.
To install modern water measurement equipments, tools or arrangements in the water conveyance structures to quantify flowing or stagnant water
9.
To fix and collect user charges or water tax
10.
Upkeep of Irrigation Channels by taking up annual maintenance works
11.
Resolve water related disputes among community and among individual members
12.
To take up any activity to benefit the members in getting better economic life
Article 2 Responsibilities and Values of WUA

Section 1 Responsibilities
 Ensure rational and economical water use, reduce non-productive water losses, control soil erosion and salinity, prevent soil/land water logging

Ensure full involvement of all members of WUA in establishing water users groups and involve all the groups in managing the affairs of the WUA
 Ensure just and equitable water distribution among all members of WUA without
 discrimination
Ensure free access to all WUA relation information all it’s members

To ensure ecological safety standards are followed, enforce the water rights and safeguard the legal interest of Land owners and users of water
Section 2
Values of WUA

Democratic Decision making involving Women, aged, other ethnic groups, youth, handicapped, Internally displaced, Returnees etc,

Operations of WUA are transparent to internal and external stake holders

There is zero corruption and all board of directors are responsive and accountable to the needs of the community
 WUA works in a professional ways efficiently to support it’s stake holders

WUS will be self reliant and self sufficient in its resources and skills
Article 3 Procedure followed for Establishing Water Users
1.
An initiative group or chief Promoter group of founding members will from a constituent committee either autonomously or on the initiative of an external agency
2.
This constituent committee will elect a Chairperson and draw a service area map of the WUA
3.
The constituent Committee drafts the rules and procedures of the WUA
4.
The constituent Committee will also prepare the charter of authority, plan, budget
5.
It will also list of potential water users group within the service area
6.
The Chairperson will call for constituent assembly of all the potential members and get approval for the rules and procedures of the WUA
7.
Water users groups will follow the approved rules for electing 2 representative for their group
8.
The Chairperson will call for the First general body of WUA consisting of representatives of all the constituent Water users groups
9.
The First General body of WUA will elect the Board of Directors of the WUA.
10.
The Board of Directors will elect 3 committees namely Finance Committee,
Water Management Committee and the Supervising Committee each with a chairperson and members
11.
General body of the WUA approve the By Law of the WUA
12.
Board of Directors will apply for Registration with the Registering authorities with the requisite documents with the resolution passed by the First General body

Article 4 Structure of power of the WUA
Section 1 Authority and responsibilities of General Assembly

Defines major activities of the WUA to be undertaken by its elected Board of
Directors
 Approves the major decisions taken by the Board of Directors

Makes amendments to the Bye Law of the WUA

Sets the Audit procedures and approves the financial procedures

Sets the Annual membership fee and the fee to be paid by non-members

Sets the fine payable by the member of WUA who violate its byelaw

Approves Annual Reports and Balance Sheets

Approves the annual budget, the work plan and the irrigation schedule

Elect or Dismiss the members of the board of Directors

Makes decisions on re-organisation and Liquidation of WUA
Section 2: Responsibilities of the Board of Directors of the WUA

Overall control and supervision of all the channels linked to the main water source

Fix and collect the water tax or the user charges

Appoint Mirabs and Chok Mirab on recommendation of the water users’ groups and supervise

Conduct members meeting and take decisions of water distribution and channel upkeep

Divest or take away the water rights if the water tax is not paid

Conduct of training and education programs on water management and water conservation
 Control the performance of the WUA’s Executive body or paid employees

Elect or select the Chairpersons for the 3 committees of the WUA and replace the vacancy on retirement or resignation of members of the committees

Convene WUA General body meeting
 Prepare the agenda for the WUA’s General Body meeting
 Follow the WUA Operational Procedures as specified by the WUA By Law in all the activities of the association
Section 3 Responsibilities of the Water Management Committee

Devise a water distribution plan and get the approval of the general body

Implement the water distribution plan through the array of Mirabs

Resolve conflicts in water distribution

Decide on limiting supply of water during water shortage periods
 Any other task assigned by the general Body
Section 4 Responsibilities of the Finance Committee


Collect taxes or user charges and penalties

Open account in the name of the association in a Bank and operate

Deposit the money collected in the bank or keep it in safe custody

With draw money with the permission of the board
 Spend the money according to the orders of the Board of management

Prepare financial statement of the association for its own meetings and for submission to government department

Maintain all financial record of the association
 Prepare annual balance sheet and submit for approval by WUA’s General
Assembly

Any other task assigned by the general Body
Section 5 Responsibilities of the Supervising Committee

Supervision and control of Mirabs
 Channel maintenance and upkeep of irrigation structures such as dividers, dams, weirs, sluish, Channels etc.,

Supervision of community contribution in term of labour for upkeep or cleaning of channels and upkeep of Irrigation structures

Penalise the illegal water tapping and wastage

Any other task assigned by the general Body
Article 5 Rights and Obligations of the members of WUA
Section 1 Right of Members of WUA

Vote at the general body of water users group to elect his/her representative for the representative general body (RGB) of WUA provided he/she has made all the payment dues to the WUA

Suggest agenda for the general assembly of Water users group (WUG) and through his/her representative the agenda of the representative general body

Vote at the general body of water users group to take decisions at the water users group and vote through representative on decisions at the general body (RGB) of
WUA

A member of Water users group has a just and equitable share of irrigation water distributed by the WUA

He/she has the right to use all the services provided by the WUA without discrimination

Right to examine the accounts and other regards of the Association any time

He/she has the right to claim compensation from the WUA for the damages inflicted on his/her crops damaged due to the actions of WUA taken up to accomplish its goal and objective
 Voting right of member o Each WUA member has one vote regardless of the size of the land he owns or rented on long lease of more than 3 years o The right to vote depends on whether arrears due to WUA were paid

Section 2 Obligations

To make timely payment of the WUA fees and the user charges or water tax

Comply with the provisions of the By Laws of WUA and by the decisions of the
WUA’s General Assembly

To stick to the irrigation schedule provided by the WUA and receive water as per the specification of agreement with the WUA\

Ensure careful treatment of the equipments used or owned by the WUA
 Allow WUA board members or WUA employees an access to their facilities to carry out the activities related to the operation of the irrigation systems

To provide correct land and water user information to the WUA when asked
 To stick to all irrigation systems operation rules passed by the WUA’s representative general Body

Pay for the Cost of repair or replacement parts of WUA equipments damaged due to age or accident or natural disasters

To pay contribution in kind in terms of share in harvest and labour for channel maintenance as specified by the Representative General Assembly of WUA

To allow WUA to use pipes, cemented channels or any other in both owned or hired land for save water and sustained performance of irrigation system
Article 6 Procedure for conduct of General body meeting and Representative General
Assembly
Section 1 Time of the general body meeting
The general body meeting would be held at least once every year and would be conducted preferably during the month of April
Section 2 Quorum
The minimum number of members to be present for the general body of the Water users groups and for WUA meeting to begin its proceedings is 66 % or 2/3 of the total voting members. 30 minutes grace time can be given to start the proceeding. If the minimum attendance is not there even after the grace time the general body meeting is cancelled or postponed to a latter date.
Quorum for the board of Directors of WUA meeting is 66% or 2/3
Section 3 Decision making rule at the general body meeting


For decisions on amendment of constitution 2/3 votes of the members present in the general body meeting necessary

For decisions of merger, division and liquidation of the WUA 2/3 votes of the members present in the general body meeting necessary

For all other decisions a simple majority of more than 50 % votes of the members present in the meeting is sufficient
Section 4 Notice period
General body meeting: 30 days
Special general body meeting: 20 days
Board of Directors’ meeting: 10 days
The Chairperson of the WUA or the Chairperson of the Water users group will send intimation containing the details of agenda, the place, date and time of the general body meeting to all the members.
Article 7 Eligibility, procedure for membership, Membership fee and termination
Section 1 Eligibility of membership

Afghan National

Living and having own land or rented land with right to use the land more than three years in the service area of the WUA with Less or rent agreement

Agrees to abide by the bylaws of the WUA
Section 2 Procedure for membership

A person meeting the eligibility requirement on his own volition submits an application for membership

The Board of Management examines his/her request and grants approval or denies
Section 3 : Membership fee
 All the members of the WUG will pay a fixed annual fee to the WUA

The Annual fee will be fixed by the representative general body meeting

The annual membership fee will be collected by the representatives of the Water users group and deposited to the WUA.

The membership fee is to be paid annually before 15 th
of March

Member who did not pay the membership fee before this date will incur fine imposed by the Board of Directors of the WUA

Every year immediately after 15 th of March the WUA board of directors will meet and fix the annual membership fee for the next year.
Section 4 Termination of Membership

Ceases to be a member of the water users Association if he/she sells all his land or the lease period of land in the service area of WUA is over


Membership is terminated by the WUA on the following conditions o Regular Non-compliance with the WUA By Law or an other order or instruction issued by the General body of the WUA o Refusal to pay fees to the WUA o Groundless refusal to pay fine or pay for damages inflicted on WUA’s irrigation systems and equipment o Unauthorized water withdrawal or repeated violation of water distribution schedules

Like the entry to the WUA is open and voluntary, the exit is too free .

Member should apply to the Chairperson of the WUA in writing atleast three months in advance of the financial year closure (Before 15 th
December)

Before termination of membership the contract between the member and the
WUA should be fulfilled or concluded

Once the membership termination is approved by the Board of Directors the membership fee, accumulated fund on the member’s name and his/her share of surplus would be paid to the Ex-member of the WUA. However if there is any loss in the WUA then that member should share the responsibility of deficit balancing as per the rules of the constitution.
Article 8 Institutional frame work
Section 1
Election officer : The founding members w ill decide the election officer for the first election for each water users group. For subsequent elections the board of directors of
WUA will appoint a non partial election officer to conduct the election. Election officer is responsible for verifying the eligible voters list and publication of the list. He/she would issue election notice and would conduct the elections to elect the representative from each of the water users group.
The elected representatives of all the water users group will conduct the first General body meeting and elect a person to conduct the election for WUA. The elected or selected person will conduct the election to the Board of Directors of the WUA. The subsequent elections would be arranged by the outgoing Chairperson of the WUA
Section 2
Term of office of board of directors (BOD) of WUA: Three years
Section 3: Number of terms
A board of Director of the WUA can hold office to the maximum of 3 terms
Section 4
Eligibility for Board of Director Position


Afghan National

Able to read and write in Dari and/or Pusto

Aged above 20

No default in membership

Paid all dues to the WUA
 No police records of bad behaviour
Person who executes any professional work related to the co-operative is not eligible to become the board of director.
Section 5
Expulsion of board of director
Any board of director can be expelled from the board of directors’ committee by the board if he/she indulges in any one of the following behaviours

Occupy or misuse the WUA property for personal use

Work against the constitution

Provide guarantee to any other using the assets of the WUA with out the permission of the general body

Accept commission in trade transactions

Undertake any activity that would affect the economic benefit of the WUA

Hold a position in management in a WUA of similar nature
Article 8 Arrangement for Dispute resolution

The Complain by the WUA member about the violation of the By law of the water users Association or the irrigation schedule decided by the General body meeting of the WUA is to be filed in a written letter form to the Chairperson of the Water Management committee of the WUA

With in 10 days of receipt of compliant the chairperson convenes a Dispute enquiry meeting in which both the Complaining party and the party at Fault will appear for hearing their point of view

Additional enquiry if required will be held with in 10 days of the initial hearing

Final verdict whether the dismissal of complaint or issue of sanction or fine on the party at fault will be announced with in 26 days of the final hearing.

Disputes between water users groups can also be submitted to the Water management committee which will be enquired and settlement made with in 26 days.
Article 9 Sources of Income

Fees paid by WUA members


Interest paid on bank account funds Donations and grants from governmental sources

 Other sources allowed by Government of Afghanistan
Article 10 Responsibilities of the Chief Executive (Paid employee) or Directorate

Keep the register of WUA members and nonmembers to be reviewed and updated each year , indicating the size and location of each WUA member’s or nonmember’s land plot within the WUA’s service area, keep a log for registering irrigation water requests by WUA members and nonmembers and the number of irrigations made
Prepare a draft budget, operation and maintenance plan for irrigation systems as  well as other required documents to be submitted to the WUA Council
 Operate and maintain irrigation systems with the assistance of the Mirabs
 Manage WUA’s bank accounts in accordance with regulation approved by the
WUA board of Directors

Control the delivery of irrigation water by a water supplier and water distribution among WUA members

Hire and dismiss staff of WUA Directorate and supervise their performance
 Prepare contracts for the WUA Council’s approval in accordance with approved budget and action plan for O&M of irrigation systems

Any other issues as defined by the WUA Council or established under this Law
Article 10 Merger, Division and dissolution of WUA
Section 1
Merger

Merger or combination with another WUA or organization would be taken by the general body with 2/3 majority decision

All the creditors of the co-operative would be informed about the merger decision with in ten days of the decision taken
 Creditors’ claim would be inherited to the combined orgnaisation
Section 2
Division

Division or separation of the organization would be taken by the general body with 2/3 majority decision

Properties of the WUA would be divided according to agreed terms by the general body

All the creditors of the WUA would be informed about the division decision with in ten days of the decision taken

Debt before the division would be the joint responsibility of the divided organizations except in case of any written agreement with the creditors about redemption of debt entered into before the division
Section 3
Dissolution or liquidation

The WUA could be closed down due to the following reasons:

As per the reason stipulated in the constitution

General body has decided and recommended the dissolution of the co-operative with 2/3 majority

Need to dissolve the WUA has arisen due to merger or division

Withdrawal of registration by the government or refusal to renew it
Section 4
Liquidation procedures

With in 15 days of the liquidation decision is taken at the general body a liquidation committee with a chairperson should be formed by the WUA

Once the liquidating committee is formed it would take charge for disposing off the properties to settle claims
 The liquation committee would handle the law suits and litigations

With in 10 days of formation of liquation committee all the members of the WUA and the creditors should be informed by letter or any other communication method.

News paper announcement about the liquidation committee members should appear within 60 days of its formation

Creditors would declare their claim with evidentiary proof within 30 days of receipt of notice or within 45 days of appearance of News paper announcement

If all members and creditors received personal notice or were present when the liquidation committee is formed the News paper announcement need not be made

Liquidation committee should register the claims of all the creditors without discrimination

After the liquidation decision is taken by the general body members voluntary exit from the WUA is not possible

Liquidation committee is responsible for discharging staff salary, social security expenses, taxes and other expenses after selling the properties of the WUA in auction
 If the properties of the WUA are not enough to cover the debts then the liquidation committee would apply to the court to accept bankruptcy application

The co-operative would not sell off the properties obtained by state finance or by utilizing subsidy given by the government. The concerned department would stipulate the disposal methods

If the WUA incurred loss due to gross negligence of a member of the WUA then the liquidation committee should fix responsibilities and recover the amount from the person(s) concerned
Article 11 Amendment of By Law
Section 1 The By Laws of the WUA can be amended by the representative General body by 2/3 majority vote
Section 2: Amendment to By Law if done should be intimated to the registering authorities with in 1 month of such occurrence