Proclamation No………../2014
A PROCLAMATION ON IRRIGATION WATER USER ASSOCIATION

WHEREAS	making use of water resources for agricultural irrigation has great
contribution to food security and economic growth;

WHEREAS it is necessary to put in place compatible legal frame work for farmers’
management of irrigation and drainage systems;

WHEREAS it is necessary to establish system for the formation and operation of self-
regulating non-profit oriented irrigation water users association that act in the public interest to
provide irrigation and drainage services in rural areas;

WHEREAS it is necessary to establish a legal basis for the transfer of irrigation and
drainage systems constructed by Government fund to associations and to regulate supply of
services between associations and service providers to achieve improved management of water
resources;

NOW THEREFORE, in accordance with Article 55 (1) of the Constitution, it is hereby
proclaimed as follows:

PART ONE

GENERAL

1.

2.

Short Title

This Proclamation may be cited as the “Irrigation Water Users’ Association Proclamation
No……/2014.”

Definitions

Unless the context requires otherwise in this Proclamation:

1/	“association” means an irrigation water users’ association established and
registered in accordance with this Proclamation;

2/	“irrigation and drainage system” means a canal or a system of canals or pipes that
can be used to transmit water to a defined land area for irrigation including any
associated weir, dam or diversion structure, storage reservoir or pond as well as
any gates, pumps, land, buildings, equipment, access roads and structures which
are necessary to operate, maintain and repair the system-together with any
associated drainage canals;
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3/

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8/

9/

“service area” means the defined land area where the association operates;

“water supply point” means a point at which an association takes responsibility
for the management of irrigation water which may include a dam or weir, a
diversion structure, a gate or turn-out in a main irrigation and drainage system, a
canal, a hydrant, a well, a spring or a pumping station;

“modern irrigation and drainage system” means an irrigation and drainage system
constructed on the basis of a formal study and design or a modernized irrigation
and drainage system;

“traditional irrigation and drainage system” means an irrigation and drainage
system constructed by farmers using their own indigenous knowledge and locally
available materials;

“unit” means a defined part of the service area of an association;

“unit representative” means a member elected to represent a unit at a meeting of
the General Assembly;

“general assembly” means the supreme decision-making body of an association;

10/	“management committee” means the body elected by the General Assembly to
oversee the activities of an association;

11/	“main irrigation and drainage system” means an irrigation and drainage system
that can be used to transmit water to the service areas of two or more associations;

12/	“federation” means a federation of water users’ associations established pursuant
to this Proclamation which is responsible for the administration and maintenance
of a main irrigation and drainage system;

13/	“service provider” means any public or private enterprise, other than federation,
which conducts the management, operation and maintenance of the main
irrigation and drainage system;

14/	“Ministry” and “Minster” means the Ministry and Minister of Water, Irrigation
and Energy respectively;

15/	“State” means any state referred to under Article 47 of the Constitution of the
Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire
Dawa city administrations;

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3.

4.

16/	“Supervising body” means the Ministry, regarding irrigation infrastructure
constructed with Federal Government budget, and for irrigation infrastructures
constructed with Regional State budget	a	regional body designated by a
Regional State as being responsible for organizing and registering associations,
providing training and other technical assistance to associations or undertaking
other activities specified in this Proclamation;
17/	"register of irrigation water users' associations" means the register required to be
maintained by the supervising body pursuant to Article 37 of this Proclamation;
18/	"infrastructure body" means the Ministry, where the irrigation infrastructure
constructed by the budget of the Federal Government, or the regional body
responsible for the construction of irrigation infrastructure where such
infrastructure is constructed by the budget of the Regional State;
19/	"person" means any natural or juridical person;
20/	Any expression in the masculine gender includes the feminine.

Scope of Application

This Proclamation shall apply, all over Ethiopia, with respect to Water User Associations
formed on irrigation infrastructures constructed by Federal Government.

Objectives of Association
Un association formed pursuant to this proclamation shall have the objectives to:
1/	manage an irrigation and drainage system wholly or partly in its service area
and provide fair water to its members for agricultural purposes;
2/	manage and operate the irrigation and drainage system within its service
area in order to supply irrigation water and drainage services to its
members;
3/	maintain, rejuvenate and improve the irrigation and	drainage system
within its service area and to undertake construction and reconstruction
works as may be necessary;
4/	take measures to combat erosion, pollution, salinity and flooding;
5/	issue internal rules for consumption of irrigation water and collect fees
from its members for the services provided;
6/	procure, substitute, maintain and operate irrigation equipments;

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7/

train its members in irrigation techniques, irrigation farming methods,
water saving methods and new technologies of irrigation.

5.

6.

7.

Guiding Principles of Association
Each association shall operate in accordance with the following guiding principles:
1/	fairness and equity in decision making and allocation of irrigation water;
2/	preventing wastage and pollution of water, avoiding erosion and salinity of soil
and, protecting and administering irrigation and drainage system within the
operation area so as to protect the environment;
3/	non-discrimination among member of an association in allocation of water on
the basis of ethnicity, gender, religion or any other similar ground;
4/	applying transparency and participatory approach in decisions making process,
5/	insuring cost recovery and efficient use of resources.

Service Area
1/	Each association shall operate within defined service area.
2/	The service area of each association shall comprise a distinct irrigation and
drainage unit with a defined area of land that is capable of receiving irrigation
water through the irrigation and drainage system operated by that association
from one or more water supply points.
3/	A service areas of associations shall not overlap with each other.

PART TWO
FORMATION AND REGISTRATION OF ASSOCIATION

Formation of Association
An Association may be formed by:
1/	the will of interested persons;
2/	the supervising body in accordance with Article 12(1) of this Proclamation, in
order to utilize and administer irrigation water sustainable, equitably and efficiently.

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8.

Name
1/

2/

3/
4/

Every association shall have its own name attached to its area of operation or
some other distinct name.
The phrase "irrigation water users' association" shall be included in the name of
every association.
No association shall use registered name of another association.
The name of every association shall be written boldly and be placed where the
association conducts its activities. It shall also be written or stamped on every
notice, letter, declarations or document signed on behalf of the association.

9.

10.

Formation of Association by the Initiation of Members
1/	An Association may be formed by the will of the following members:
a)	persons possessing land on the basis of land holding system and use
such land with water supplied from a traditional irrigation and drainage
system; or
b)	persons possessing land on the basis of land holding system and use
such land with water supply from a modern irrigation and drainage
system in respect of which the supervising authority not decided to
establish an association pursuant to this Proclamation.
2/	An association formed to manage a traditional irrigation and drainage system
pursuant to sub-article (1)(a) of this Article shall be entitled to apply for and to
obtain a water use permit in accordance with the Ethiopian Water Resources
Management Proclamation, No. 197/2000.

Procedures for the Formation of Association Initiated by Members
1/	Persons not less than five may form irrigation and drainage water users
association; to this effect they shall organize provisional initiative committee to
identify the service area of the proposed association and also founders
committee which may not exceed twelve potential members of the association.
2/	The founders committee shall be composed of persons representing different
unit of the proposed service area so as to ensure fair representation of
potential members of the proposed association.

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3/

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The founders committee shall elect its chairperson and adopt its own rules of
procedure to carry out activities preceding the formation of the association.
The founders committee after consulting the supervising body regarding the
proposed association, shall prepare:
a)	draft article and memorandum of association;
b)	a plan of the proposed service area that shows the size and location of the
units, if any;
c)	application of the potential members for the formation of association; and
d)	the lists of potential members of the proposed association, which shall
include the name, address, signature and description of each potential
members land holding and land certificate number where available; and
a draft budget and work-plan.
The founders committee shall:
a)	give opportunity for the potential members of the association to comment
on the documents in paragraph (4) of this Article; and
b)	organize signing of the application for the formation of the association.
The founders committee shall convene founders meeting, when half of the
potential members of the proposed association have signed the application for
the formation of the association and by taking into account comments on the draft
by-laws, budget and work-plan to:
a)	approve the draft memorandum and article of association, budget and
work-plan of the proposed association; and
b)	elect the provisional management committee and other officers of the
association.
There shall be a quorum of founders meeting where majority of potential members
of the proposed association are present at a meeting; the formation of the
proposed association and decision on the approval of the memorandum and
article of association shall be passed by the majority vote of the members
found at a meeting.
The provisional management committee shall submit an application for
registration to the supervising body together with:
a)	the minutes of the founders meeting;
b)	three copies of memorandum and article of association;
c)	the plan of the proposed service area and the location of the units, if any;

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d)
e)
f)

the application of the members for the formation of association;
the draft budget and work-plan; and
other particulars that may be specified in regulations or directives issued
for the implementation of this Proclamation.

9/

The supervising body shall examine the documents within 15 days and if it is
satisfied with the application and documents annexed thereto register an
association in the register of irrigation water users' associations and issue a
certificate of registration.

11.

10/	If the supervising body rejects the application for the registration of an
association, it shall give a written explanation to the provisional management
committee within 15 days.

Formation of Association by the Supervising Body
The supervising body, after the entry into force of this Proclamation, can make
associations to be established , using irrigation water from a modern irrigation and
drainage system or traditional irrigation and drainage system upgraded to modern
irrigation and drainage system pursuant to Article 12(1) of this Proclamation.

12.	Procedure for the Formation of Association by the Supervising Body

1)

2)

3)

4)

5)

The supervising body shall, following the consultation with potential
members of the association and relevant stakeholders and after the acceptance
of its opinion announce its decision as to the formation of an association;
The announcement shall be accompanied by copies of the draft documents
specified in sub-article (4) of Article 9 of this Proclamation and shall be made
available for inspection by potential members of the association;
The supervising body shall conduct series of discussions with potential members
of the association and finalize the draft documents specified in sub-article (4)
of Article 10 of this Proclamation;
The supervising body shall announce the date of the meeting of the founders
of the association to adopt the draft budget and work plan of the association and
to elect the members of the provisional management committee and other
officers of the association;
The provisional management committee shall submit the documents specified in
sub-article (4) of Article 10 of this Proclamation for registration.

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6/

With respect to the registration of the association sub-article (9) of Article 10 of
this Proclamation shall similarly apply to associations formed pursuant to this
Article.

13.

14.

Legal Personality and Liability
1/	Any association formed and registered in accordance with this Proclamation shall
acquire legal personality as of the date of its registration.
2/	Any association formed in accordance with this Proclamation	shall have
limited liability and shall not be held liable beyond its total assets.

By-laws of Associations
1/	Every Association shall have its own by-laws.
2/	The content of the by-laws shall include the following particulars:
a)	the name and address of the association;
b)	the purpose and activities of the association;
c)	the service area of the association supported by plan or map;
d)	requirements for membership of the association;
e)	the rights and duties of the members of the association;
f)	the powers, responsibilities and duties of the management bodies of the
association;
g)	the procedures for calling and holding meetings of the general assembly
of the association;
h)	conditions for the election, term of office suspension and removal of
elected officials of the management committee and other bodies of the
association;
i)	provisions on the setting of fees; and
j)	conditions for the termination of the activity of the association;

3/	The by-laws of an association may be amended by the special resolution of the
general assembly; provided, however, that any such amendment of the
association shall be effective on the date of its approval and registration by the
supervising body.

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15.

PART THREE
MEMBESHIP IN AN ASSOCIATION AND
RIGHTS AND DUTIES OF MEMBERS

Membership of Association
1/	Any person who possess and uses land in accordance with the appropriate
land holding system which is located within the service area of an association
formed pursuant to this Proclamation shall be a member of the association.
2/	Any person who acquires use right of the land located within the service area
of an association by succession or any other legal method shall become a
member of that association upon payment of any outstanding contributions and
fees due to the association from the previous user of that land that have not been
collected.
3/	The rights and duties derive from the formation of an association are
inseparable to the plots located within the service area of an association
and shall be transferred with those plots while the association is alive or
until such plots no longer lie within the service area following an
amendment to the by-laws of that association.
4/	A person who uses land located within the service area of an association
on the basis of lease contract three or for more than three years shall be
considered as a member of the association throughout the term of that
lease.
5/	A person who leases his land possession located within the service area
of an association for three and less than three years shall continue as
member of that association; provided, however, that the lessee:
a)	shall comply with the by-laws and regulations of the association;
b)	may exercise the membership rights of lesser in the association by
written authorization of the latter.

16.	Rights and Duties of Members

1/

Any member of an association shall have the following rights:
a)	to gate a fair share of the irrigation water distributed by the association;
b)	to benefit from other services provided by, or through, the Association;
c)	to elect or to be elected for the different bodies of the association upon
discharging fees of the association;

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d)
e)
f)

g)

to propose agenda for discussion at general assembly meetings;
to propose candidates to the different bodies of the association for election;
to receive compensation from the association for damages caused on his
crops or land as a result of' the intentional or negligent act of any employee
of the association or as a result of the maintenance activities undertaken
by the association;
to visit the offices of the association during working hours, to peruse
records of the association and to be provided, on request, with
information regarding the association's accounts, and management plans.

2/

Any member of an association shall have the duties:
a)	to respect the by-laws, directives and the decision of the Association;
b)	to pay fees of the association;
c)	to use irrigation water only in accordance with the association's water
distribution schedule;
d)	to repair or to pay replacement costs of any equipment or infrastructure of
the association damaged as a result his intentional or negligent act;
e)	to provide relevant information on request to the association about his
land and use of water;
f)	to allow entrance of employees of the association, or service providers
agreed with the association, to his land, with machines and equipment as
necessary, in order to undertake operation and maintenance of the
irrigation and drainage system;
g)	to carry out activities related to cleaning and repairing of the irrigation
and drainage system;
h)	to comply with applicable technical rules concerning the operation and
maintenance of the irrigation and drainage system.

17.

Termination Membership
1/	Any member who has ceases his use right over the land located within the
service area of an association may terminate his membership, in writing, upon
notifying to the association.
2/	Any member shall be liable for the outstanding fees due to the association at the
date on which his membership terminates.

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18.	Voting
1/

2/

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Any member shall have one vote in the election of unit representatives or at any
meetings of the general assembly.
Note withstanding the provision of sub-article (1) of this Article, if there are
significant differences in the sizes of the land holdings of members or the
volumes of water used, the supervising body may authorize the allocation of
votes on one of the following grounds:
a)	in proportion to the size of plot of land within the service area; or
b)	in proportion to the amount of fees paid to the association.
In the event of allocation of vote pursuant to sub-article (2) of this Article,
each member shall have a minimum of one vote; provided, however, that no
member shall hold more than 20 percent of the total amount of votes in a unit
or in the entire service area.

PART FOUR
MANAGEMENT BODIES

19.

Management Bodies of an Association
1/	The management bodies of an association shall be:
a)	the General Assembly;
b)	the Management Committee;
c)	the Control Committee; and
d)	the Dispute Settlement Committee.
2/	An association may provide in its by-laws for the establishment of a such other
committees as may be necessary.
3/	The powers and duties of the management bodies of an association shall be as
determined by this Proclamation and the association's by- laws.

20.	The General Assembly

1/

The general assembly shall constitute representatives of units unless it is
provided in the by-laws of the association that all members of the association
can reasonably participate in the meetings of the general assembly due to small
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2/

size of members. However, Members who are not unit representatives shall
have the right to attend meetings of the general assembly without having the right
to vote.
The by-laws of the association shall:
a)	specify the term of service of each unit representative;
b)	specify the number of unit representatives in proportion to the size of
the unit;
c)	describe the procedures for the election, substitution and removal of
unit representatives;
d)	stipulate how the unit representatives can reflect the opinion of the
members they represent in the meetings of the general assembly and
report back the results of the meeting to their members.
e)	specify the number of votes each unit representative may have at
meetings of the general assembly.

21.

Powers and Duties of the General Assembly
1/	The supreme organ of any association shall be the general assembly.
2/	The general assembly shall have the powers and duties to:
a)	approve the annual work plan and budget of the association;
b)	elect and dismiss the members of the management body, the control
committee, the dispute settlement committee and members of other sub-
committees;
c)	approve or amend the by-laws and internal regulations of the
association;
d)	set the amount of fees and fines payable by the members;
e)	approve the annual income and expenditure statement and balance sheet
and the annual report of the management bodies;
f)	make decisions on the re-organization or liquidation of the association;
g)	set limitation on the sale, purchase, mortgaging or pledging of any
assets owned by the association, investment or conclusion of loans,
overdrafts or other financial liabilities of the association;
h)	approve contracts above a certain value or of high significance to
the association as may be specified in the by-laws ;

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i)

decide on any issue submitted to it by the management bodies or other
committees.

22.	Meetings of the General Assembly

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6/

7/
8/

The general assembly of the association shall hold ordinary meeting at least once
in a year.
The quorum of the general assembly shall be specified in the by-laws of the
association.
The management committee may call an extraordinary meeting of the general
assembly upon written request of the control committee or at least one third
of the member of the association or their unit representatives.
The procedures for calling the meeting of the general assembly, setting agendas,
proposing additional agendas and informing agendas to the unit representatives
and their members shall be specified in the by-laws.
The meetings of the general assembly shall be presided by the chairperson or
in his absence by the deputy chairperson of the management committee.
The decisions of the general assembly shall be passed by a simple majority votes;
except in case of dissolution, liquidation or re-organization of the association or
amendment to its by-laws or any other matter directly specified in its by-laws
to be decided by a two third majority votes.
The procedures for voting shall be described in the by-laws.
The minutes of the general assembly shall be kept in the record of the
association, signed by the management committee members and contain, as
annex, the names and signatures of members of the association in attendance
of the general assembly.

23.

Management Committee
1/	Every association shall have a management committee to be elected in
accordance with the by-laws of the association, which is accountable to the
general assembly and whose members shall not exceed 11 and not be less than
five.
2/	The term of office of the management committee shall be five years; provided,
however, that not to expire the terms of committee members elected at the
same time at once, the stagger for three of them shall be specified in the by-
laws of the association.

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3/

4/

5/

6/

7/

A member of the management committee shall not be elected for more than
two consecutive terms.
The by-laws of the association may provide that members of the management
committee shall be represented from one or more than one units within the
service area and to be elected from among those represented.
Any member of the management committee shall declare and cease his
participation in the discussions and decisions of the management
committee when there is conflict of interest.
No member shall have the right to stand for election to the management
committee when he is subject to outstanding liabilities including fines to the
association.
Those members elected for management committee shall elect chairperson, vice-
chairperson, secretary and treasurer from among themselves.

24.	Powers and Duties of the Management Committee
The powers and duties of the management committee shall be specified in the by-laws of
the association and in particular shall include the following:

1/
2/

3/
4/
5/
6/

7/
8/

to implement decisions given by the general assembly;
to prepare the annual work program and budget of the association and implement
same upon approval;
to prepare agenda for the meeting of the general assembly;
to call the general assembly in accordance with the by-laws of the association;
to maintain the minutes of meetings of the general assembly in writing;
to submit reports to the general assembly on the activities and budget of the
association;
to maintain the documents and books of accounts of the association;
to implement such other activities specified in this Proclamation or in the by-laws
or determined by the general assembly.

25.

Meetings of the Management Committee
1/	The management committee shall convene its ordinary meeting once in
every month; provided, however, that it may hold extraordinary meetings
at any time as may be necessary.

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2/

3/

4/

The quorum for the meeting of the management committee shall be as specified
in the by-laws of the association.
The decisions of the management committee shall be passed by consensus; in
case of lack of consensus, the by-laws may authorized the passing of decision by
majority vote.
Without prejudice to the provisions of this Article the management committee
may adopt its own rules of procedure.

26.

27.

The Chairperson of the Management Committee
1/	The chairperson of the management committee shall be chairperson of the
association.
2/	The chairperson shall have powers and duties to:
a)	call and chair the meetings of the management committee, and chair the
meetings of the general assembly;
b)	represent the association in its dealings with third parties;
c)	sign contracts and other legal documents in accordance with
resolutions of the management committee;
d)	undertake other duties specified in the by-laws.
3/	The Vice-Chairperson shall act in place of the chairperson where the letter is not
in a position to discharge his duties.

Powers and Duties of the Secretary
The powers and duties of the secretary shall be specified in the by-laws of the association
and in particular shall include the following:
1/	organize the Secretariat of the Association;
2/	keep properly the documents of the Association;
3/	ensure that the minutes of the Associations are properly kept;
4/	be responsible for the direction of secretarial activities;
5/	perform other duties may be assigned to him by the Chairperson and the
Management Committee.

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28.	The Control Committee

1/

2/
3/

4/

5/

Every Association shall have a control committee composed of not less than three
members elected by the general assembly.
The term of office of the control committee shall be three years.
The terms of the members of the control committee shall be staggered in the by-
laws not to expire the terms of all members elected at one time.
A member of the control committee may not at the same time serve as a member
of the management committee.
The control committee shall be accountable to the general assembly.

29.	Powers and Duties of the Control Committee
The powers and duties of the control committee shall be specified in the by-laws of the
association and in particular shall include the following:

1/

2/
3/

4/

to follow up that the management committee is discharging its responsibility
properly;
to follow up that the funds and property of the association are properly utilized;
to follow up that the financial and other activities of the association are
undertaken in accordance with the by-laws and internal regulations; and carry out
audit at least once in a year;
to submit an annual audit report to the general assembly.

30.

Common Provisions of the Management Bodies
1/	The members of the management, the control and the dispute settlement
committees are not entitled to receive salary as they are not employees of an
association; provided, however they are may be entitled to reimbursement of
reasonable expenses incurred during their functions and sitting allowance in
accordance with the budget of the association.
2/	A member of the management, control and dispute settlement committees may be
removed from office pursuant to a decision of the general assembly on the
grounds of:
a)	failure to discharge duty;
b)	repeated failure to attend scheduled meetings more than two times
without having good reason; or

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c)

not able to attend the meetings of the committee for more than a month on
the grounds of force majeure.

3/

The general assembly, in the event of removal of elected committee member
shall replace him by another member.

31.

Employees of the Association
1/	An association may employ a director and other administrative supporting staff.
2/	Subject to specific regulations to be issued in the by-laws of the association an
employee director shall be a person with suitable qualifications and relevant
experience of irrigation management and shall not be member of that association.
3/	The director shall be accountable to the management committee and attend
meetings when so requested, but shall not participate in decision making or
voting.
4/	Subject to specific regulations to be issued in the by-laws of the association, the
management committee may authorize the director to sign contracts of
specific small amount of money.
5/	The recruitment of the administrative staff shall be conducted in accordance with
the by-laws and internal regulations of an association.
6/	An employee of an association may not at the same time serve as a unit
representative or an elected official of that association.

PART FIVE
INCOME OF ASSOCIATION

32.	Sources of Income of an Association

1/

The sources of income of an association shall be:
a)	the annual membership fee payable by members of the
association,
b)	a water delivery fee of the members,
c)	gifts or grants,
d)	interest on outstanding fees due to the association,
e)	interest on any money it deposited in bank accounts or interest
from other similar sources,

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f)
g)

the proceeds of fines or other sanctions imposed on members, and
payments for services provided by the association.

2/

3/

Every association shall keep reserve fund for emergency repairs, for
improvement or for the rejuvenation of the irrigation and drainage system.
The reserve fund mentioned in sub-article (2) of this Article shall
be kept in interest-bearing bank account until such time as the funds are
required.

33.

Annual Membership Fee
1/	Every association shall collect from its member an annual membership fee in
proportion to the size of the plot of land of member in the service area to cover its
costs.
2/	The amount of the annual membership fee payable by each member shall be
used to:
a)	cover the costs of operating and maintaining the irrigation and drainage
system and the costs of cleaning any drainage ditches;
b)	pay to the service providers for the operation of the irrigation and
drainage system or the removal of obstructions from the irrigation canal;
c)	pay salaries of staff and other costs of the association; and
d)	maintain reserve fund for the association.
3/	Members of an association which has small financial cost may agree to make
some or the entire annual membership fee to be paid in kind including
contribution of labour.

34.	Water Delivery Charge
An association may impose water delivery charge on each member in proportion to
the volume of irrigation water used or by the size of the plot of the land of that member.

PART SIX
SUPERVISION MECHANISM
35.	Supervising Body

1/

A supervising body shall have the powers and duties to:

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a)

b)

c)
d)

e)

provide training and awareness creation in connection with the
establishment and operation of Associations;
provide technical assistance and support to associations on water
management, accounting, financial planning, irrigation techniques
and practices, maintenance, including gender issues;
form new associations in accordance with this Proclamation;
establish and maintain the Register of Irrigation Water Users'
Associations;
conduct legal and financial supervision in accordance with the
provisions of this Chapter.

2/

3/

The supervising body while exercising the legal and financial supervision of
associations, shall be limited to the activities of the association whether it
comply with the provisions of this Proclamation and applicable accounting
rules.
A supervising body may delegate some or all of its powers and duties
specified in sub-article (1) (a), (b) and (e) of this Article to other
appropriate bodies.

36.

37.

Annual Reports
1/	Every association shall, within 120 days, at the end of each budget year submit
an annual report to the supervising authority, in the approved format, together
with a copy of its accounts.
2/	The annual assets and liabilities, and income and expenditure statement of
the association shall be approve by the general assembly every year.

Legal and Financial Supervision
1/	The records of an association may be inspected by the supervising body when:
a)	there is written request of two fifths of the members of that
association; alleging the incorrectness or impropriety of the function of the
association;
b)	there is prima facie evidence of legal or financial malpractice.
2/	If the supervising body having inspected the records of an association finds
evidence of financial malpractice or non-observance of the provisions of this
Proclamation or the by-laws or internal regulations of the association, it may

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3/

4/

require the management committee to call an extraordinary meeting of the
general assembly within 30 days to present the findings to the members.
If the management committee fails to call the meeting of the general
assembly in accordance with sub-article (2) of this Article, the supervising
body itself may call such extraordinary meeting.
The supervising body after having called the meeting in accordance with sub-
article (3) of this Article shall have the power to present the findings to the
general assembly and to facilitate the removal of the management committee
involved in the malpractice and the election of new management committee at
the same time.

38.	Matters Require Authorization of the Supervising Body

1/

2/

Any association shall obtain prior written authorization of the supervising body to
conduct the following activities:
a)	to amend the by-laws of an association;
b)	to modify the service area of an association;
c)	to form a federation;
d)	to pledge or mortgage assets of an association;
e)	to initiate court case to cancel the water use right of any member of the
association in accordance with this Proclamation.
The supervising body shall, pass decision on the applications submitted to
obtain authorization it in accordance with sub-article (1) of this Article, within
the time limit determined by a directive issued to implement this Proclamation.

39.	Association’s Records
Any association shall maintain:

1/
2/

3/
4/
5/

a plan showing the service area;
a register of members, contain a description of the size and location of each
member's landholding, and which shall be reviewed	and, as	necessary,
updated every three months;
a register of the volume of water received or discharged by the association;
a register of the volume of water received by members;
a register of fees paid and owed by members;

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6/

7/
8/
9/

a register containing the minutes of the meetings of the general assembly and
management committee;
a register of transactions and contracts;
an inventory of assets;
a register of inspections and surveys conducted on the irrigation and
drainage system used by the association;

40.

41.

10/	a record of maintenance activities;
11/	complete and accurate books of accounts and financial documents, and
12/	other records specified in the by-laws.

Register to be Kept by Supervising Body

1/	The supervising body shall establish and maintain a Register of Irrigation
Water Users' Associations.
2/	The register shall contain the following details of each association:
a)	name and addresses of the associations;
b)	the date of registration of each association;
c)	the size and location of the service area;
d)	the number of members;
e)	the names, addresses and telephone numbers of the members of the
management committee and the chairperson;
f)	the condition of government owned infrastructure transferred to the
association, if any.
3/	Members of the public shall have the right to inspect the Register kept with the
supervising body at any time during ordinary office hours.

Trans-State Water Users Associations
In the event that the service area of an association crosses the boundaries of two or more
States the Ministry shall be the supervising body in respect of the formation and
operation of such Association.

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42.

PART SEVEN
Dissolution of Association and Liquidation

Dissolution of Association
The general assembly of an association may, by a two third majority vote and upon
approval of the supervising body; dissolve an association on one of the following
grounds:
1/	the purpose for which it was formed no longer exist;
2/	the purpose for which it was formed can no longer be
practically implemented;
3/	its existence is no longer required for any other reasons.

43.	Liquidation of Association

1/

2/

3/

4/

When the dissolution of an association has been decided in accordance with
Article 41 of this Proclamation, the management committee or the supervising
body shall assign liquidator.
A liquidator assigned pursuant to sub-article (1) of this Article shall have the
following powers and duties:
a)	receive records, documents and properties of the association and protect
them from damage;
b)	collect the assets and properties of the association;
c)	call on creditors of the association;
d)	distribute the assets in accordance with the decision of the general
assembly which is approved by the supervising body;
e)	carry out necessary activities of the association for the proper liquidation
of the affairs of the association;
f)	represent the association in legal proceedings.
Until the dissolution is concluded, the provisions of this proclamation and the
relevant by-laws and internal regulations of the association shall continue to
apply to the association and its members.
The remuneration of liquidator shall be paid from the accounts of the association.

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44.	Cancelation of Association

1/

2/

Upon conclusion of the liquidation process the supervising body shall cancel the
registration of the association from the register of irrigation water users association.
An association shall be considered dissolved from the date of its cancellation from the
register of irrigation water users association.

PART EIGHT
FEDERATIONS

45.	Formation of Federation

1/

2/

3/

4/

To administer the whole or part of the main irrigation and drainage system and
to supply irrigation water to users’, federation of irrigation and drainage water
users’ association may be formed.
A federation may be formed by the decision of the supervising body or by the
decision of the majority of the association using irrigation water from the main
irrigation and drainage system which could be managed by such federation.
Every association that can receive water from a main irrigation and drainage
system managed by a federation shall be a member of that federation.
A federation shall not supply irrigation water to anyone other than its member
and undertake any activity within the service area of one of its members except by
the written permission of that association.

46.	Name, Powers and Duties of Federation

1/

2/

Every federation shall have its own unique name which shall consist the
name of the place where it manages or some other distinctive name followed
by the words "federation of irrigation water users' associations".
The powers and duties of a federation are:
a)	to manage, operate and maintain a main irrigation and drainage system
and conduct construction works as necessary;
b)	to establish internal regulations for irrigation water consumption and to
collect fees from the associations for the services provided to them;
c)	to procure, substitute, operate and maintain irrigation equipment on behalf
of its members;
d)	to support its members in the capacity building activities.

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3/

4/

A federation shall have legal personality; and subject to the provisions of this
Chapter, the provisions of this Proclamation applicable to associations shall
also apply to federations.
The members of the federation may agree in the by-laws of the federation that
each association shall delegate a specified number of members of its
management body to the federation which shall thereafter assume the
functions of the general assembly.

PART NINE
IRRIGATION AND DRAINAGE SYSTEM

47.	Transfer of Modern Irrigation and Drainage Systems

1/

2/

3/

4/

6/

The infrastructure body in agreement with the association may in agreement
with the association based on the principle of cost recovery transfer the use
right of the part of the modern irrigation and drainage system constructed
or rehabilitated by government finance, if such irrigation and drainage system
lies within the service area of an association.
An association may apply to the appropriate infrastructure body to transfer to
itself, for indefinite period, part of a modern irrigation and drainage system
constructed or rehabilitated by government finance, if such infrastructure lies
within its service area.
In the cases where the service area of an association lies in the water supply
point of dam, weir, diversion structure, pump station or other type of
infrastructure to which water is abstracted from a river, stream, reservoir, pond
or other natural source such infrastructure may also be transferred to the
association.
The transfer agreement of irrigation and drainage system shall be in the form
prescribed and contain:
a)	description of parts of the infrastructure to be transferred and the
condition of such infrastructure; and
b)	the rights and duties of the parties to the agreement in terms of the
maintenance of the infrastructure;
The infrastructure body shall in any event ensure the protection and
maintenance of the parts of irrigation and drainage systems that are not
transferred to any association and which remain under its control.

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48.	Use Certificate relating to Traditional Irrigation and Drainage Systems

1/

2/

An association may apply to the appropriate infrastructure body to obtain use
right certificate in respect of a traditional irrigation system that lies within its
service area.
A use certificate shall contain major description of such traditional irrigation
system and shall establish the right of the association to use that system.

49.	Provision of Information and Technical Supervision

1/

2/

3/

An association shall provide current information to the infrastructure body
concerning the maintenance and condition of transferred irrigation and drainage
system.
A duly authorized officer of the infrastructure body may enter into the service
area of the association and inspect the condition of irrigation and drainage system
transferred to it.
The authorized officer of the infrastructure body after having inspected the
irrigation and drainage system may require the association to undertake specified
works where this is necessary as a matter of urgency:
a)	to prevent damage or harm to that infrastructure; or
b)	to prevent damage to government property or the property of third
parties.

50.	Servitudes
An association, upon approval by the supervising body and payment of compensation to
the land possessor in accordance with appropriate law, shall be entitled to acquire
servitude right over any one land necessary to rehabilitate or develop irrigation and
drainage system for its members.

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51.	Service Providers

PART TEN
PROVISION OF SERVICES TO ASSOCIATIONS

1/

2/

3/

In the cases where the water supply point of the service area of an association
is a gate, turnout, pumping station or other infrastructure on the main irrigation
and drainage system that is not managed by a federation, the irrigation water
and other related services shall be provided to an association by a service
provider responsible for the operation and maintenance of the main irrigation
and drainage system.
The conditions for the establishment of public enterprise or licensing private
entities to provide the service shall be specified by regulations to be issued for the
implementation of this Proclamation.
A service provider shall provide irrigation water and other related services to an
association on the basis of service agreement reached with the association.

52.

Service Agreements
1/	The term of every service agreement shall not be less than ten years; provided,
however, that by the request of the association it could be less than ten years, but
in no case it shall be less than five years.
2/	Any service agreement shall made in standard format and include, in particular,
the following:
a)	information of the water supply point;
b)	season of the year in which irrigation water is to be supplied;
c)	the procedure for requesting water supply during the irrigation season;
d)	the maximum volume of water the association requires during each
irrigation season in accordance with a monthly schedule, subject to any
restriction on the service provider to supply such water by any appropriate
body;
e)	measures to be taken to reduce water wastage, pollution and salinity;
f)	the amount of the water use charge and payment conditions;
g)	liabilities and limitations on the use of water;
h)	penalties for non-compliance with the conditions of the contract; and

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i)

other conditions necessary to promote the effective use of water or to
implement any legal obligations of the service provider concerning the
provision of water as stipulated in the water provision license.

53.	Variation of Service Agreements

1/

2/

3/

The service agreement may be varied or amended by the agreement of both
parties.
A service provider may suspend the supply of water and other services under
a service agreement only if the association delays payment of any outstanding
charges for more than 120 days.
A service agreement concluded in accordance with this Proclamation may be
terminated:
a)	by the decision of the court of law when one of the parties persistently fail
to comply with the terms of the agreement; or
b)	on the dissolution of the association.

54.	Liability of Service Provider

1/

2/

3/

A service provider shall be liable to pay compensation equitable to the
damage the association sustained due to his failure to supply water in the
agreed quantity or in accordance with the time schedule.
Any member of an association who has sustained losses as a result of the
inability of the service provider to provide irrigation water to the association
shall be deemed to be a party to the contract for the purpose of calculating the
amount of compensation to be claimed from the service provider.
Compensation shall not be payable in cases of force majeure as defined in the
Civil Code of Ethiopia.

55.

Water Delivery Charges
1/	The amount of charges payable by an association to a service provider for the
delivery of water shall be determined by the supervising body;
2/	In determining the amount charges payable to the service provider, the
supervising body shall take into account:
a)	the necessary reserve funds to be deposited for the maintenance;
b)	the ability of the members of the association to pay for irrigation water;
and
c)	the service provider’s reasonable benefit of investments.

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56.

PART ELEVEN
Dispute Settlement
Dispute Settlement Committee
1/	Every association shall have dispute settlement committee elected by the general
assembly consisting of not more than five persons of high reputation and
impartiality.
2/	The term of office of a dispute settlement committee shall be four years; no
member of such committee may be elected for more than two consecutive terms.
3/	Members of a dispute settlement committee elected by the general assembly shall
elect one of them to be the chairperson of the committee.
4/	A member of the management committee may not at the same time serve as a
member of the dispute settlement committee.

57.	Powers and Duties of Dispute Settlement Committee

1/

2/

The dispute settlement committee shall have the powers and duties to hear and
determine:
a)	disputes on water use and distribution between members of the
association;
b)	disagreements related to the violation of the association's by-laws, or
internal regulation;
c)	matters related to non-observance of watering schedule፤ and
d)	appeals lodged against the decision of the management committee.
Upon receiving written or oral complaint on the grounds specified under
paragraphs (a) to (c) of sub-article (1) of this Article, the dispute settlement
committee shall:
a)	promptly inspect the source of the problem by the chairperson;
b)	where the allegation is lodged in writing, issue summon on the
respondents so as to respond on the complaint and avail himself for the
hearing;
c)	the chairperson of the dispute settlement committee shall call the members
of the committee to hear the issue within two days;

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d)

e)

58.	Execution

hear both parties, examine their evidence or may undertake site
inspections, if necessary;
promptly announce its decision within two days after hearing.

Any decision or order made in accordance with this Proclamation shall be
considered as the decision of regular civil court and shall be executed unless
reversed by appeal.

59.	Appeal
Any party dissatisfied with the decision of dispute settlement committee may
lodge appeal to the state First Instance Court having jurisdiction.

PART TWELVE
MISCELLANEOUS PROVISIONS

60.	Administrative Sanctions

1/

The association may impose administrative sanctions against a member
who fails to:
a)	observe the by-laws or any internal regulations adopted by the
general assembly of the association;
b)	pay timely any charges determined in accordance with the by-laws
and this Proclamation or to provide labour service whenever
necessary;
c)	use irrigation water in accordance with the association's watering
schedule;
d)	pay the repair or replacement costs of any property or equipment of
the association damaged as a result his negligent or intentional act;
e)	provide relevant information to the association about his use of land
or water;
f)	allow employees or other persons ordered by the association to inter
his land, with machines or equipment as necessary, in order to
undertake works concerning the operation and maintenance of the
irrigation system; and

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g)

comply with applicable technical rules concerning the operation of
the irrigation and drainage system.

2/

3/

The type and amount of sanctions shall be specified in the by-laws or the
internal regulations of each association and in particular it could be fine or the
suspension of the provision of services including the supply of irrigation
water.
A sanction shall be imposed by the management committee, and an appeal
against such sanction may be submitted to a dispute settlement committee.

61.	Cooperation of other Organs for Enforcement
The Woreda and Kebele administration officials shall assist the management
committee of an association as regards the enforcement of sanctions against a
defaulting member.

62.	Relationship of Association with Local Administrations

1/

2/

3/

State government, Woreda and Kebele officials shall not interfere in the affairs of
an association during the formation of the association or in the function of the
association after its formation, unless there is written request of the management
committees.
Woreda and Kebele officials shall provide support necessary for the formation
and operation of associations within their jurisdiction by respecting their
autonomy.
If the service area of the association transcends from one State, Wereda or
Kebele administration to another State, Wereda or Kebele Administration
following the natural flow of the river, there shall be delegated committee
members from each administration to communicate the affairs of the
association with the local administrations.

63.

Transitory Provision
1/	Irrigation cooperatives established pursuant to Cooperative’s Societies
Proclamation No. 147/1998 (as amended by Proclamation No. 402/1996), within
two years from the dated of entry into force of this Proclamation, be registered as
an association pursuant to this Proclamation.
2/	The cooperative society which had been operating the irrigation and drainage
system shall support the formation of irrigation water users’ associations
to take responsibility for the irrigation and drainage system.

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3/

Following the formation of association pursuant to sub-article (2) of this Article,
the existing cooperative society which had been supporting the formation of
association shall:
a)	gratuitously transfer the rights and duties of the former irrigation and
drainage cooperative societies’ to the newly formed association;
b)	cooperate with the association in order to support irrigated agriculture
within the service area of the association.

64.	Inapplicable Laws
No law or customary practices shall, insofar as it is inconsistent with this
Proclamation shall, have effect with respect to matters provided for by this Proclamation.

65.

Power to Issue Regulations and Directives
1/	The Council of Ministers may issue regulations necessary for the proper
implementation of this Proclamation.

2/	The Ministry may issue directives necessary for the proper implementation of this
Proclamation and Regulations issued in accordance with sub-article (1) of this
Article.

66.	Effective Date

This Proclamation shall enter into force on the date of its publication in the Federal
Negarit Gazeta.

Done at Addis Ababa, this ____________ day of ___________, 2014.

MULATU TESHOME (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA

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