Presentation on the water sector reform in Kaduna State, Nigeria with focus on the newly established Water Services Regulatory Commission.

1. Regulatory Framework for Water
Services in Kaduna State
D. Bashir
Kaduna State Water Services Regulatory Commission
Presentation at the 4th National Convention of AWDROP
held at National Water Resources Institute, Kaduna
on 16th February, 2017

2. 2
Outline of Presentation
1. Background
a) IWRM Principles
b) Water Sector Reform in Kaduna State
c) Legal Framework for Sustainable Dev. & Mgt. of the State Water Sector
d) General Objectives of the Kaduna State WSS Law, 2016
2. Kaduna State Water Services Regulatory Commission
a) Legal Status
b) Mandates
c) Enduring Commitments
d) Organizational Structure
3. Planned Take-off Activities
a) Awareness and Sensitization Activities
b) Advocacy Visits to Federal MDAs
c) Advocacy Visits to Development Assistant Organizations
d) Awareness and Sensitization Workshops for major stakeholders
e) Development and production of start-off Regulations, Standards and Guidelines

3. Background
“A process that promotes the coordinated
development and management of water,
land and related resources, in order to
maximize the resultant economic and
social welfare in an equitable way
without compromising the
sustainability of vital
Ecosystems”
GWP (2000). TEC Background Paper No. 4: Integrated Water Resources Management 3
Integrated Water Resources Management:

4. IWRM Principles:
 separating coordination, regulation and service
provision to different bodies;
 anchoring the coordination at the highest apex level
 creating regulatory bodies at the basin level
 devolving responsibility to the lowest appropriate level
 developing human and institutional capacity
Background
4

5. 5
Background
Water Sector Reform in Kaduna State
The Kaduna State Government saw the need to review the 2013
State Water Supply and Sanitation Policy (KSWSSP) in line with
IWRM principles, address some identified gaps and to capture
the current thrust of Government that included:
a) Review of the sector service delivery targets;
b) Institutionalization of participation by the private sector and
communities in sectoral development strategies;
c) Adoption of the proposed Water Investment and Mobilization
Guidelines (WIMAG) of the FGN, which sets out the cost sharing
arrangement for capital investment and operations and
maintenance between the tiers of government;

6. 6
Background…
Water Sector Reform in Kaduna State…
d) Incorporation of a robust pro-poor policy that allows for targeted
subsidy to allow for timely exit in the sector;
e) Designation of the Kaduna State Water Board (to be renamed as
Kaduna State Water Corporation (KSWC)) as the urban water
infrastructure asset holder on behalf of Government;
f) Designation of the Rural Water Supply and Sanitation Agency
(RUWASSA) as the agency responsible for rural and small-town
water supply; and
g) Establishment of a Water Services Regulatory Commission to
regulate operations in the sector and promote all State and
Federal water policies and strategies and enforcement of laws.

7. 7
Background…
Water Sector Reform in Kaduna State…
The revised Policy (2015) mandated the Kaduna State
Ministry of Water Resources to be fully in charge of
policy formulation and sector co-ordination; while the
regulatory commission supervises all operators in the
sector. In addition, the Policy designated the KSWC and
RUWASSA as service providers in the urban areas and
small town and rural areas respectively.

8. 8
Background…
Legal Framework for Sustainable Development and Management
of the Kaduna State Water Sector
 Based on the provisions of the 2015 KSWSS Policy, the
Kaduna State Government developed a composite law for
the establishment and operations of three vital water
sector agencies.
 On 25th May, 2016, the Executive Governor of Kaduna
State signed into law, the Kaduna State Water Supply and
Sanitation Law, 2016; Law No. 11 of 2016 of Kaduna State
of Nigeria.

9. 9
Background…
The general objectives of the Kaduna State Water Supply and
Sanitation Law, 2016 are to provide for:
a) the right of access to basic water supply and basic sanitation
necessary to secure sufficient water and an environment not
harmful to human health or well-being;
b) the setting of standards and norms for service provision and
standards for tariffs in respect of water and sanitation services;
c) the preparation and adoption of water services development
plans by the Ministry responsible for water resources in
accordance with this Law;
d) a regulatory framework for water services institutions and other
water service providers;

10. 10
Background…
e) the establishment of State water supply service delivery Agencies,
their powers and duties, and of State steering committees;
f) the formulation, monitoring and review of the Kaduna State Water
Sanitation and Hygiene Policy for the water and sanitation sector;
g) coordination of intervention in water and Sanitation delivery by
Federal, State and Local Governments as well as other non-
Governmental Agencies and bodies;
h) the gathering and dissemination of information in a State
information system;
The general objectives of the Kaduna State Water Supply and
Sanitation Law, 2016 are to provide for:...

11. 11
Background…
i) the accountability of water and sanitation service providers;
j) the promotion of effective water resource management and
conservation particularly for water within the constitutional
authority of the State; and
k) collaboration of the Sector Institutions with other National and
State Agencies in the development of water and sanitation
services in accordance with the National Water Policy, the
State Water Sector Master Plan and this Law.
The general objectives of the Kaduna State Water Supply and
Sanitation Law, 2016 are to provide for:...

12. The goal of regulating the water sector is ensuring
sustainable provision of water, adequate in quantity and
quality to the various water users including the ecosystem
A regulatory framework consists of:
o set of formal rules and processes (regulations, codes,
standards, guidelines) that bind the service provider, and
o mandates and procedures of how the regulatory
functions are allocated to and implemented by various
regulatory and coordinating institutions
12
Background…
Regulating the Water Sector:

13. 13
Kaduna State Water Services Regulatory Commission

14. Legal Status
• On 25th May, 2016, the Executive Governor of Kaduna State signed
into law, the Kaduna State Water Supply and Sanitation Law, 2016;
Law No. 11 of 2016 of Kaduna State of Nigeria. It is a composite law
providing enabling legislations for:
• The Kaduna State Water Corporation,
• The Kaduna State Rural Water Supply and Sanitation Agency, and
• The Kaduna State Water Services Regulatory Commission;
• On 12th August, 2016 the Governor inaugurated the 11-member
Board of the Commission, signalling the take-off of the Commission;
• On 10th and 24th October, 2016, the Kaduna State House of Assembly
screened and cleared the 11-member Board of the Commission; and
• On 29th November, 2016, the Governor sworn in the Executive
Chairman of the Commission. 14

15. Mandates of the Commission
The mandates of the Commission, as provided in Part III of its
enabling Law, shall be to:
1. Licence water service providers;
2. Develop sector guidelines on the technical and financial management of
water services by water service providers; and
3. Advise the State Government on water supply, wastewater and sewage
matters;
4. Regulate wastewater and sewage activities in the State and enforce
compliance with its regulations in respect thereof and any other
provisions under the enabling Law or any other law;
5. Make regulations prescribing all matters which are required or permitted
to be prescribed or which, in the opinion of the Commission, are
necessary or convenient to be prescribed for carrying out or giving
effect to the enabling Law including:
15

16. a) the administration of the affairs of the Commission, including, inter alia, the
holding of meetings, hearings and proceedings, arbitration and mediation
proceedings, the conduct of inquiries and investigations, the handling of
information, and generally the conduct of its business;
b) the procedure for issuing licences;
c) the determination of the standards for the provision of water services including
water quality standards in accordance with the National Drinking Water Quality
Standards and the construction of boreholes;
d) the method and manner by which the tariffs that may be charged by water
service providers for their services will be determined including a metering
scheme for certain large volume consumers, to the extent practicable and cost-
effective;
e) the duties, powers, rights, and obligations of a water service provider;
f) the resources, procurement policies of, and entry into Private Sector
Participation Agreement by, the water service providers, including, as may be
applicable, the review and approval of same, subject to State laws and
regulations on same;
Mandates of the Commission…
16

17. g) the development and approval of the water sector development plans in
accordance with this Law;
h) procedures for monitoring compliance with this Law and any other applicable
laws and policies on water;
i) guidelines to eliminate illegal connections, unregulated or illegal use of water
services;
j) guidelines for monitoring the sinking of boreholes and issuing of permits for
same, and other activities impacting access to water including prescribing fees
for such monitoring as well as for penalties for contravention;
k) practices, procedures and reporting requirements for monitoring and enforcing
this Law including establishment of fines and penalties; and
l) regulations for connection and disconnection of consumers from water
services.
Mandates of the Commission…
17

18. Vision
To be the hub in regulating water services for sustainable
development
Mission
To regulate water supply and sanitation services such that the
interests of all users are protected with respect to prices and
quality of the services
Commission's Enduring Commitments
18

19. Objectives
The enabling law has defined the following objectives for the
Commission:
1. Promote, regulate and enforce all State Legislation and Water Policies;
2. Create, promote, and preserve efficient industry and market structures;
3. Ensure optimal utilisation of resources for the provision of water
services;
4. Maximize access to water services, by promoting and facilitating
consumer connections to distribution systems in urban areas and small
towns;
5. Encourage provision of water in rural areas;
6. Control wastewater management and discharge;
Commission's Enduring Commitments...
19

20. Objectives…
7. Ensure the safety, security, reliability, and quality of service in the
production and delivery of water to consumers;
8. Make regulations to ensure the availability of the water resources of the
State to the generality of the residents of the State by controlling the
sinking of boreholes;
9. Receive complaints and resolve disputes between consumers and water
service providers;
10. Ensure that regulatory decision-making has regard to all relevant health,
safety, environmental and social legislations applying to the water sector;
and
11. Collaborate with relevant State and Federal Agencies on water policies.
Commission's Enduring Commitments...
20

21. Philosophy
Commitment to transparent and inclusive regulations for
provision of qualitative and efficient water supply and
sanitation services in Kaduna State.
Core Values
Professionalism
Accountability
Transparency
Inclusiveness
Consumer focused
Equity
Commission's Enduring Commitments...
Motto
Equity & Justice in Water Services
Logo
21

22. Executive Chairman
Administration &
Corporate Affairs
Human Resources
Management
Technical Regulation Consumer Affairs Legal Services
Finance, Budget &
Facilities Mgt.
Partnerships and
Networks
Regulations &
Standards
Research and
Assessments
Monitoring
Consumer Services
Communication
Publications
Enforcement
Legal Drafting
Dispute Resolution
BOARD
Audit
Zonal Office
North
Zonal Office
Central
Zonal Office
South
Organizational Structure
22

23. The Department is headed by the Secretary
of the Commission and mandated to:
1. Oversee personnel functions of the
Commission;
2. Coordinate administrative activities
including:
a) procurement,
b) staff welfare and motivation, and
c) Board Secretariat;
3. Manage the budget, funds and facilities
of the Commission;
4. Perform economic and financial
analyses; and
5. Liaise with national and international
partners through collaborations with
other directorates and units of the
Commission.
Administration &
Corporate Affairs
Executive
Chairman
BOARD
Audit
Human Resources
Management
Finance, Budget &
Facilities Mgt.
Partnerships and
Networks
Department of Administration & Corporate Affairs
23

24. The Department is headed by a Director
and mandated to:
1. Advise the Board (through the
Executive Chairman) on issues relevant
to regulation of the water sector;
2. Monitor compliance with regulations
and service quality;
3. Advise the Board (through the
Executive Chairman) on rates and
tariffs;
4. Conduct research and develop special
studies and forecasts; and
5. Evaluate the performance of service
providers against the respective quality
of service standards.
Executive
Chairman
BOARD
Audit
Technical Regulation
Regulations &
Standards
Research and
Assessments
Monitoring
Department of Technical Regulation
24

25. The Department is headed by a Director
and mandated to:
1. Handle consumer complaints on
service providers;
2. Monitor the level of consumer
satisfaction with service providers and
the Commission;
3. Develop and implement the
Commission's communication
strategies and programmes;
4. Conduct public fora such as: radio and
television programmes, newspaper
features, website management,
advocacy activities, etc.; and
5. Publish information relating to the
Commission's functions and activities.
Executive
Chairman
BOARD
Audit
Consumer Affairs
Consumer Services
Communication
Publications
Department of Consumer Affairs
25

26. The Department is headed by a Director and
mandated to:
1. Advise the Board (through the Executive
Chairman) and management on all legal
matters affecting the Commission;
2. Draft all legal instruments such as
regulations, codes, guidelines, licenses
and contracts of the Commission;
3. Enforce compliance with regulations and
service quality and issue invoices for
regulatory fees and fines and follow-up on
payments;
4. Provide alternative dispute resolution
services in collaboration with Consumer
Affairs Department; and
5. Advise the Management of the public
perception of Commission’s performance.
Executive
Chairman
BOARD
Audit
Legal Services
Enforcement
Legal Drafting
Dispute Resolution
Department of Legal Services
26

27. One in each Senatorial District of Kaduna
State to be headed by a Zonal Manager and
mandated, within the Zone, to:
1. Handle consumer complaints on service
providers;
2. Monitor the level of consumer satisfaction
with service providers;
3. Monitor compliance with regulations and
service quality and issue invoices for
regulatory fees and fines and follow-up on
payments;
4. Provide alternative dispute resolution
services;
5. Conduct public fora such as town hall
meetings, radio and television
programmes; and
6. Support research and special studies.
Executive
Chairman
BOARD
Audit
Zonal Office
North
Zonal Office
Central
Zonal Office
South
Zonal Offices
27

28. Planned Take-off Activities
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1. Awareness and Sensitization Activities
2. Advocacy Visits to Federal MDAs
3. Advocacy Visits to Development Assistant Organizations
4. Awareness and Sensitization Workshops for major
stakeholders
5. Development and production of start-off Regulations,
Standards and Guidelines

29. Planned Take-off Activities...
29
1. Awareness and Sensitization Activities
a) Courtesy Visits to Media Houses in Kaduna
b) Meet the Media in Kaduna
c) Production and airing of TV and radio documentaries
on mandates and operations of the Commission
d) TV and radio appearances
e) Production and airing of TV and radio jingles
f) Production of brochure, flyer and other promotional
materials on the Commission
g) Focus Group Discussion in each Senatorial District
h) Town Hall Meeting in each Senatorial District

30. Planned Take-off Activities...
30
2. Advocacy Visits to Federal MDAs
a) Federal Ministry of Water Resources (FMWR), Abuja
b) Nigeria Integrated Water Resources Management
Commission (NIWRMC), Abuja
c) National Food and Drugs Administration and Control
(NAFDAC), Abuja
d) National Water Resources Institute (NWRI), Kaduna
e) National Inland Waterway Authority (NIWA), Lokoja

31. Planned Take-off Activities...
31
3. Advocacy Visits to Development Assistant Organizations
a) African Development Bank (AfDB)
b) World Bank (WB)
c) Islamic Development Bank (IDB)
d) United Nations Children and Educational Fund
(UNICEF)

32. Planned Take-off Activities...
32
4. Awareness and Sensitization Workshops for major
stakeholders
a) Management and Board of KSWSRC
b) Management and Board of State Water MDAs
c) Major water service providers and water users
associations

33. Planned Take-off Activities...
33
5. Development and production of start-off Regulations,
Standards and Guidelines
a) Regulation on Borehole Drilling
b) Regulation on Package Water Production
c) Standard for Borehole Drilling Business
d) Standard for Water Supply Metering and Billing
e) Guidelines for Control of Unaccounted for Water
f) Guidelines for Issuance of Permits and licenses
g) Guidelines for Establishment and Operation of Water
Users Associations

34. THANK YOU FOR LISTENING
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