GAZETTE NOTICE NO. 235

IT IS notified for the general information that, pursuant to section 22 of the Water Act, 2016, the Water Resources Authority, in consultation with relevant institutions and stakeholders, has prescribed the Management Plan set out in the Schedule in respect of the Marura (Ewaso Narok) Swamp. SCHEDULE THE MARURA (EWASO NAROK) SWAMP CATCHMENT MANAGEMENT PLAN PART I—PREAMBLE Citation 1. This Plan may be cited as the Marura (Ewaso Narok) Swamp Catchment Management Plan. Interpretation 2. In this Plan, unless the context otherwise requires — "Act" means the Water Act, 2016; "Authority" means the Water Resources Authority established in accordance with the act; "Plan" means the Marura (Ewaso Narok) Swamp Catchment Management Plan" means the management and conservation plan developed by the Authority in respect of the protected area and contained in the Second Schedule; "catchment area" means the land from which water naturally flows into a water course; "swamp" means the Ewaso Narok (Marura) Swamp. Application of the Plan 3. This Plan shall apply in respect to the management and use of the Marura (Ewaso Narok) Swamp Catchment Protected Area. Objectives 4. The objectives of this Plan shall be to — (a) enhance implementation of existing regulations to protect the rights of all users; (b) promote water, use efficiency that is hydrologically and economically beneficial to domestic, agricultural, and industrial water users and the environment; and (c) identify funding sources to implement water conservation programs that help to enhance water resources. Location and Size of the Protected Area 5. (1) The swamp is located within Maundu Ni Men and Sosian sub locations of Sosian Location and Thome Sub-location of Mutara Location within Laikipia County. (2) The area lies within Ewaso Narok 5AA Sub-basin and Pesi 5AC Sub-basin and is part of the Ewaso Narok river system. (3) The land area is in the form of a basin-like depression with an outlet to the north-east into Ewaso Narok River. (4) The swamp is normally covered with vegetation, mainly the Marura plant, from which it derives its name. Watershed Area. 6. (1) The area that contributes surface run-off into the wetlands has been delineated through the use of Arc SWAT software. (i) The drainage area upstream of the swamp measures 1,717.7 square kilometres and which contributes surface water flows into the swamp. (ii) The map set out in Form 1 in the Annex to this Schedule shows the area of the swamp and the upstream catchment area that contributes flows into the swamp. Storage tank); 1 year 27th January, 3rd February, 10.00 a.m. 13th January, 2023 THE KENYA GAZETTE 91 Criteria Adopted in Identifying Ewaso Narok (Marura) Swamp for Protection 7. The Authority has taken into account of the considerations provided under the Seventh Schedule of the Water Resources Regulations, 2021. PART II—PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE EWASO NAROK (MARURA) SWAMP CATCHMENT PROTECTED AREA Physiography 8. (1) The Ewaso Narok River catchment area elevation ranges from a low of 1791 m.a.s.l at the swamp and rises to a high of 2893 m.a.s.l to the south west of the catchment around the Aberdare's (source of Ewaso Narok and Pesi rivers) and with a mean elevation of 2056 m.a.s.l. (2) The catchment is leaf shaped and extends upstream in north south direction with a length of 75 kilometres (see the map above) and a width of 35 kilometres at its widest. (3) The slope ranges between 1.2% to 8% with the steeper slopes found on the upstream part of the catchment. (4) The catchment drains in a northerly direction, where the rivers form the Ewaso Narok river that confluences with Ewaso Ngiro river further to the north to form the main Ewaso Ngiro North River. 9. Climate (1) The climate around Rumuruti area is classified under the Ktippen and Geiger climate classification system. (2) The average annual temperature in Rumuruti is 183 °C, with March being the hottest month of the year at an average temperature of 19.6 °C and August being the coldest month of the year with an average temperature of 17.1 °C. (3) The table and figure set out in Part I of Form 1 of the Annex to this Plan shows the monthly average temperatures within Rumuruti. Rainfall 10. (1) The Ewaso Narok sub-catchment lies within the agro- ecological zones (AEZ) IV UM which is mainly dry with grassland and shrubs and suitable for livestock rearing. (2) The area is characterized by moderate rainfall with annual rainfall of 708 mm (Rumuruti Ministry of Works No. 8936064). April to June and October to December are <wet or rainy seasons with maximas occurring in April and November respectively and with continental rains which are low occurring in between the two maximas. (3) The table and figure set out in Part H of Form 1 in the Annex to this Schedule whows the mean monthly rainfall and humidity at Rumuruti. Vegetation 11. (1) The game area is currently characterized by land transformation !into small-scale cultivation drawing water from the swamp. (2) The number of farmers practicing crop farming has been increasing over the years posing a threat to the survival of the swamp. Vulnerability of the Water Resource 12. (1) The Ewaso Narok River has a Regular Gauging Station 5AC15 located at coordinates E036.800000, SO1.272778 (37M 0255194.5, 9869215) at an elevation of 1705 m.a.s.1 near Rumuruti town and approximately 1 km upstream of the swamp. (2) The station specified in sub-paragraph (1) has daily discharge data starting from 1982 to the current. (3) The Besi river has a Regular Gauging Station SAB02 located at coordinates 87N 0232941, 0022450 (E036.600696, N00.202931) at an elevation of •1868 m.a,s.1 approximately 9.5 kilometres upstream of the swamp with a daily discharge data from 1959 to date. (4) The encroachment on the Ewaso Narok swamp riparian and catchment land through cultivation, livestock grazing, harvesting of indigenous plants and the planting of exotic tree species has resulted into reduced recharge into the ground, lowering of the water table and a decrease in the discharge of the Ewaso Narok River downstream of the swamp. L.N. 235 of 2021 (5) In order to have a clear understanding of the water resources availability in the Ewaso Narok swamp catchment, the available data for 5AB04 and 5AC15 stations was used. *f.) (6) The table set out in Part III of Form 1 in the' Minex to this Schedule shows the flow duration analysis for Pesi andliwaso Narok rivers. .6o The Water Resource Quality Objectives and the Current $tatus of the Water Resource 13. (1) The water resources quality objectives shall 1/ prescribed in accordance with section 20 of the Act. _ (2) The water resources quality objectives specified in sub- paragraph (1) shall be determined at the nodeswhere, t,he Reserve flows arebeing determined, in this case at KIS SABO4 and SACIS. (3) The Ewaso Narok Management Unit is classified as of high Ecological importance according to the ENNBA CMS (2014 - 2022) and these are areas with almost natural ecological characteristics. 1,, (4) The protection of swamp is for the natural ecological characteristics for ecological, recreational and development of tourism with economic importance. (5) The key water resources issues include— (a) the water scarcity; (b) the catchment degradation; (c) the erosion; (d) the encroachment of water bodies;and Land tenure around the swamp; (e) the human activities in Ewaso Narok swamp affect the role of swamp; and (f) the social conflicts due to over abstraction. (6) The sustainable regional water resources management of these units would require cooperation collaboration and synergy with the Kenya Forest Service, the Kenya Wildlife Service, Counties, user communities. The Class of the Water Resource 14. (1) The aquifer classification system in Kenya is partly demandpfiented and partly geopolitical and comprises the following classes— (a) strategic aquifers: aquifers used to supply significant amounts/proportions of water to an area where there <are no alternatives, or where alternatives would take time and money to develop; (b) major aquifers: high-yielding aquifers with go id quality water; a. (c) minor aquifers: moderate-yielding aquifers with variable water quality; (d) poor aquifers: low-yielding aquifers with poor to reasonable quality water; and °) (e) special aquifers: aquifers or parts of aquifers designated 'special aquifers' by the Authority. (2) The aquifers specified in sub-paragraph (1) are further defined in terms of the following — (a) satisfactory: no immediate stress, pressure or threat; (b) alert: stress, pressure or threat identified or anticipated; (c) alarm: water levels declining, water quality declming (stress, pressure or threat identified). (3) The Ewaso Narok sub-catchment can be classified as "Alert" as the available water is at times not of adequate .quantity and quality to meet the demand. (4) The water availability is relatively good in terms of quantity and quality i the upper parts of the river but deteriorates as the river flows downstream due to pollution. Land Uses and their Potential Impact on the Water Resources 15. (1) The swamp is within a predominantly rural setting where the main economic stay is agriculture, with irrigation adding reliability and increasing the yields. (2) Due to jhe economic gains from the agriculture due to low production costs, the area has attracted a lot of farmers with pressure increasing on land availability leading to encroachment on the swamp and more water abstractions leading to reduced wafer resources availability downstream. (3) There exist numerous exotic species of trees which are unsuitable in.,a water catchment area, especially near wetland, which I r include the eucalyptus trees. — PART III—MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE MARURA (EWASO NAROK) CATCHMENT PROTECTION AREA Proscribed!Activities 16. (1) :Or activities to be undertaken within the protected area are those with zero impact on its ecological status and integrity. (2) Thefollowing activities are hereby specifically prohibited in the protected area— (a) tillage or cultivation; (b) clearing of indigenous trees or vegetation; (c) building of permanent structures especially boreholes and houses; (d) disposal of any form of waste; (e) excavation of soil or development of quarries; (f) planting of exotic species that may have adverse effect to the water resource; (g) land reclamation; and (h) any other activity as shall be determined by the Authority from time to time. Conservation Plan 17. (1) The objective of the conservation plan is to protect the long- term environmental sustainability of the catchment for enhanced water resources yield and maintain its ecological functions in terms of flora and fauna. (2) The objective specified in sub-paragraph (1) shall be achieved through— (a) the liemarcation of the wetland and its riparian zone and fence it off; (b) thO Gazettement of the swamp as a protected water catchment area; (c) the enorcement of the Ewaso Narok swamp management plan; and (d) thel control water resources abstraction from the swamp; (3) In the development of the management programmes, care has been taken to ensure that there are explicit and logical links between the vision statement, management objectives, and the management strategies to achieve the objectives. (4) Each management programme is discussed in further detail under the Elam set out in Part A of Form 2 in the Annex to this Schedule. Rehabilitation Plan 18. (11, The objective of the rehabilitation plan is to ensure the wetland achieves its optimal performance level. (2) The objective specified in sub-paragraph (1) shall be achieved through— (a) the removal of all inappropriate, invasive species of plants; (b) the re-vegetation of the swamp with water friendly, native species of trees and vegetation; and (c) the development of alternative livelihoods to discourage fanning within the swamp; (3) The rehabilitation Plan is set out Part B of Form 2 of the Annex to this Schedule. Catchment and Water Resources Monitoring 19. (1) The objective of the monitoring plan is to collect and analyse catchment and water resources data to provide information on water discharge, water quality and catchment health as a response to human activities within the neighborhood. (2) The objective specified in sub-paragraph (1) shall be achieved through — (a) the establishment of a telemetric regular gauging station on Ewaso Narok and Pesi rives upstream and downstream of the swamp to monitor water quantity and quality; and (b) upgrading of the Rumuruti MoW rainfall station to a fully telemetric hydro-meteorological station to monitor precipitation, evaporation, humidity and temperature. (3) The catchment and water resources monitoring plan is contained in Part C of Form 2 in the Annex to this Schedule. Establishment and Operationalization of Management Structure 20. (1) The objective of the management structure is to ensure that the Ewaso Narok swamp catchment protected area is managed in a sustainable manner with the involvement of all stakeholders under the leadership and co-ordination of WRA - ENNBA. (2) This plan envisage a budget of Kes 75,700,000 to implement it in the medium term of approximately 5 years. (3) The management will need to raise the funds through various activities and events including — (a) the setting up the management structure with defined terms of reference and mandates; and (b) the development and implementation of resource mobilization strategies to raise funds for the management and conservation of the protected area. (4) The operationalization of the management structure shall be as set out in Part D of Form 2 of the Annex to this Schedule. (5) The Authority shall be the coordinator of the committee and the members appointed to the Management Committee shall serve on honorary basis as this will be a not for profit, non-commercial venture. (6) The Committee shall be required to solicit for funding from well- wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. (7) The linkages between various stakeholders are represented as set out in Part E of Form 2 in Annex to this Schedule. The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. Monitoring and Evaluation Matrix 21. The matrix set out in Form 3 in the Annex to this Schedule shall be adopted for monitoring and evaluation to capture detail of the progress of implementation of the planned activities. ANNEX FORM 1 (p. 12(6), 10(3), 9(3), 6(3)) 1. WATERSHED AREA 13th January, 2023 THE KE NY A GAZETTE 9 3 23 1 00 0 2 3 7 0 0 0 " 2 4 3 00 0 ' 7 / Mean Monthly Rainfall and Humidity at Rumuruti 15 0 80% S 10 0 S 6 0 % 50 ^ 0 ■ ■ l l l l l l l :§ . 35 & s V ' * SI s f t !J5 - . ’ V Rainfall (mm) Humidity I Mean Monthly Rainfall and Humidity at Rumuniti' PART III—SURFACE WATER AVAILABILITY FOR N Y A M A SA RI A RI V ER /V A l l o c a t i o nA l l o ca t edB a l a n c e R eser v e 15 ,2 0 6 0 15 ,2 0 6 N o rm a l F l o w7 ,5 17 7,5 17 ''i o,218 I F l oo d F l o w20,2 18 M ean 6 .2 6 5 Stan dar d D ev i at io n 14 .2 15 Table 2 Surface water availability for Pesi river (RGS5AB02) I f ' ■ Regular Gauging Stations* ■ n P r o b a bility of n o n - ex c eed a n c e A va i - P r o b a - bility of ex c eed a n c e • Ramiall Stanons l a b l e To t a l Vo l u m e Vo l u m e p er Year Ew>$o Nafok Swamp F l o w F l o w f orD ays 2 2 50 0 0 2 3 100 0 2 3 7 0 0 0 ' 2 4 3 00 0 PART I—MEAN TEMPERATURES AND SUNSHINE HOURS AT R U M U R U T I a l l o c a t i o n M i llion M i llion m Vs% mVdaymVs n o s m ’ m ’ JanF ebM arA p rM ay JunJu lA ug SepO c t 9 9 %N o vD ec 1% 7 .73 1 667 ,9 16 3 .6 5 2 .4 413 3 .3 M ea n18 .4 19 .219 .619 .218 . 81817 .217 . 11818 .417 .5 9 5 %17 .7 5 %2 .792 24 12 29 18 .2 5 4 .40 130 .9 M i n1212 .31313 .913 .712 .912 .312 .212 . 11313 .312 .6 90 % 10 %1.730 149 ,472 3 6 .5 0 5 .4 612 6 .5 M ax 2 4 .72 6 2 6 . 1 2 5 . 12 4 .42 3 . 52 2 .42 2 .42 3 .82 42 2 .62 3 .3 8 5 % 15 %1.2 5 510 8,449 8 8 ,8 3 6 5 4 .7 5 5 .9 412 1 .0 Su n10 . 110 .510 . 19 .49 .69 .28 .38 .49 .79 .37 .9 80 %8 . 8 20 % 1.0 2 8 7 3 .0 0 6 .4 9 1 15 . h o u r s 7 5 % 25% 0 .869 75 ,0 82 9 1.2 5 6 .8 510 8 .6 7 0 % 30% 0.756 653 18 10 9 .5 07 . 1510 1.7 6 5 % 35% 0.678 58,579 12 7 .7 57 .4 8 60 % 40 % 0 .60 6 52 3 58 14 6 .0 07 .6 4 8 7 . 1 5 5 % 45% 0 .552 47 ,693 Mean Monthly Temperatures and Sun Shine Hours 16 4 .2 57 .8 3 5 0 % 50 % 0 .497 42 ,94 120 ,2 18 182.50 7 .8 4 7 1 .6 4 5 % 55% 0 .435 37,593 20 0 .7 57 .5 5 6 3 .8 4 0 % 60% 0.385 33,264 2 19 .0 07 .2 8 3 5 % O' 30 65% 0 .352 30 ,4 13 2 3 7 .2 57 .2 2 4 9 .0 211 30 %6 70% 0 .3 14 27 .130 2 5 5 .5 06 .9 3 4 1.7C I 25 % 7 5 % 0 .2 9 12 5 , 14 2 2 7 3 .7 5 i! 20 6 .8 8 3 4 .8 » 20 % 80 % 0 .263 22 ,723 7 ,5 17 2 9 2 .0 06 .6 4 2 7 .9 15 % 85% 0.236 203 90 3 10 .2 510 6 .3 3 2 1.38 10 % 90 %0 .2 13 18 3 95 3 2 8 .5 0•8 6 .0 4 |an Feb Mar Apr May Jun |iil Aug Sep Oct Nov DecVi 5 % 9 5 % I 0 .176 15 ,2060 .0 0 0 3 4 6 .7 55 .2 7 8 .9 1% I 99% 10.117 10 ,109 3 6 1.3 53 .6 5.8 3 .7 P ' 'Sun hours (Hrs) ’Mean 'Mi n ' Max Flmr DmnitkmCim>eStaliaHSABO2(I>aUyilbdiarge<lalaJnfnI9f9to20O0) 3 5 .0 0 PART Il - MEAN MONTHLY RAINFALL AND HUMIDITY AT R U M U R U T I Table 1 Mean Monthly Rainfall and Humidity at Rumuruti 30 .0 0 ■u O 2 5 . 0 0 " >i r ^ 20.00 i 3 n ' T F eM a A uSe N o r Jan A prMay JunJu l O c t D eco tb r gPM o n t h V l a c o a l 3 .a a 2 7 .3 0 . 10 8 . -rt 54 .8 7 .8 6 . 4 3 .4 8 . r 7 3 .3 0 .R a i n f a l I ( m m ) 4 9 6 6 .9 04 8 6 5 9 3 9 6 2 9 0 .0 0 0% l OH 20H 30% 40K SOS 6 0 % 70 % M H H u m i d 5 75 25 5 6 56 9 7 06 16 27 36 7 ity 6 4 % 6 4 % i % % % % % %% % % % Fig. 2 Surface water availability for Pesi River (RGS5AB02) Table 3 Surface water availability for Ewaso Narok River (RGS5AC15) Allocation Allocated Balance Q95 Reserve 43,114 0 43,114 Q80 Normal Flow 5,702 5,702 Q50 Flood Flow 25,056 25,056 Mean, 6.265 Standard Deviation 14.215 Table 4 Surface water availability for Ewaso Narok river (RGS5AC15) Probabi- lity of non- exceed- once Pro$bi- "‘"P‘ ,,,,. " _, exceed- ance Flow Flow Avail- able for alloca- lion Days Total Volume Volume per Year % b m3Is m3/day m3Is nos Million Mil m li on 99% 1% 32.606 2,817,1 17 3.65 10.28 324.0 95% 5% 14.989 1,295,0 15 18.25 23.63 313.7 90% 10% 7.067 610,606 36.50 22.29 290.1 85% 15% 4371 377,654 54.75 20.68 267.8 80% 20% 2.802 242,093 73.00 17.67 247.1 75% 25% 2.091 180,662 91.25 16.49 229.4 70% 30% 1.651 142,646 109.50 15.62 213.0 65% 35% 1.324114,394 127.75 14.61 197.3 60% 40% 1.068 92,275 146.00 13.47 182.7 55% 45% 0.921 79,574 164.25 13.07 1693 50% 50% 0.855 73,872 25,056 182.50 13.48 156.2 45% 55% 0.791 68,342 200.75 13.72 142.7 40% 60% 0.711 61A30 219.00 13.45 129.0 35% 65% 0.686 59,270 237.25 14.06 115.5 30% 70% 0.636 54,950 255.50 14.04 101.5 25% 75% 0.618 53,395 273.75 14.62 87.4 20% 80% 0.565 48,816 5,702 292.00 14.25 72.8 15% 85% 0.565 48,816 310.25 15.15 58.6 10% 90% 0.521 45,014 328.50 14.79 43.4 5% 95% 0.499 43,114 0.000 346.75 14.95 28.6 1% 99% 0.438 37,843 36135 13.67 13.7 11 LAO NO ID% 20% 30% 40% 50% 60% 70% 10% 90% (00% Probilly of Fsteduct Fig. 3 Surface water availability for Ewaso Narok River (RGS5AC15) FORM 2 '(;/. 20(7), 20(4), 19(3), 18(3), 17(4), PART A-CONSERVATION PLAN Activity Sub-Activity Time frame Cost Respons ibility Demarcate the wetland and its riparian zone Undertake cadastral survey of the area and place beacons along the boundary 1 Month 750,000 WRA, SoK Develop the PDP for the demarcated wetland area 1 month 1,000,000 CGL, MoLS, WRA Liaise with NLC for the revocation of any privately held title deeds and acquire a title deed (in trust) for the wetland Months 500,000 WRA, NLC Fence off the demarcated area 1 Month 35,000,000 WRA, ENWR UA Place signs and notices to warn the public that this is a protected area Continuo us 250,000 ENWR WRA, UA Gazette the Ewaso Narok Wetland as a protected water catchment area Assess the status of Ewaso Narok Wetland 1 month 300,000 WRA Create awareness on the status of the wetland Continuo us 500,000 WRA, WRUA Develop guidelines and conservation plan through stakeholders' engagement 2,500,000 with all WRA stakehol ders Submit gazettement instrument to the Cabinet Secretary in charge of water 200,000 WRA Enforce the Ewaso Narok wetland guidelines Create awareness to stakeholders the wetland guidelines and conservation plan 500,000 WRA Enforce Ewaso Narok wetland protected area guidelines, management plan and relevant legislations Continuo us 0 WRA, Nationa 1 Govt Control water resources abstraction Enforce requirements for acquiring water use permits for any abstraction from the swamp as per the Water Act 2016 and Water Resources Management Rules 2007 Continuo us 0 WRA, WRUA Sub-total 41, 500,000 PART B -REHABILITATION PLAN Activity Sub-Activity Time frame Cost Responsibilit y Removal of all inappropriate /invasive species of Identify and remove inappropriate and invasive tree species from the 1 Year 5,000,000 WRA, KFS, NGAO, WRUA 25.00 Row Nation Curve Station SICIS (Dailyisnialellata from 1983 to UN) 35.00 0,00 0% 13th January, 2023 plants wetland Exotic species control Contin uous 200,000 WRA, WRUA KFS, Re- vegetation of the wetland with water friendly/nativ e species of trees and vegetation Establish indigenous plants nursery Contin uous 5,000,000 WRUA, WRA Grow live fence on the boundary of the wetland Contin uous 3,000,000 WRA, WRUA. KFS, Planting and growing of propagated seedlings (Watering and, tending) 1 year 2,500,000 WRUA" Development of alternative livelihoods to discourage farming within the wetland Identification and Development of proposals for alternative livelihoods (eco. tourism, bee keeping, agro- forestry, etc); 1 Year - 10,000,000 WRA, WRUA Sub-total 25, 700,000 PART C —CATCHMENT AND WATER RESOURCES, MONITORING`PLAN Activity Sub-Activity Time Frame Cost Responsibi- lily Upgrade to telemetry status RGS 5AB04, 5AC15 (upstream) and 5AC10 (downstream) of the Swamp Identify appropriate equipment and transmission system and install stations 3 months 7,500,000 WRA Upgrade to a full hydro- meteorological station the rainfall station at WRA Rumuruti office compound Identify an appropriate site to install station Continuous 0 WRUA, WRA Procure, install and commission the equipment Continuous 1,000,000 WRA Collect and analyse hydromet data Continuous 0 WRA Sub-total 8,500,000 PART D---MANAGEMENT STRUCTURE Activity Sub-Activity Time Frame Cost Respons -ibility Setting upAppoint 1No• Member3 months 300,000 WRA the from each of the following manage- stakeholders: ment 1. Kenya Forest structure Service 2. National Government Administration in Laikipia County; 3. National Environmental Management Authority; 4. Ministry of Agriculture; 5. The Ewaso Narok WRUA; Terms of References (ToR)continuo 0 WRA, will include but not limited to: us WRUA • To manage the catchment prudently on behalf of other stakeholders • To submit quarterly reports to WRA - ENNBA on all planned and implemented • activities; • To develop by - laws and submit a copy to WRA — ENNBA for approval before implementation and,- "ontinuo 0 WRUA, WRA • Promote the conservation and protection of the catchment • Promote equitable distribution of the resources within the catchment • Promote socio- economic and environmental sustainability of the catchment • Mapping of stakeholders and potential donors; • Development and marketing of resources mobilization strategies; Mandate responsibilities: Sub-Activity The sources of funds fo the committee may US include: Time Frame rContinuo A MANAGEMENT COMMITTEE Activity FORM 3 (p. 21) MONITORING AND EVALUATION TEMPLATE Implementation Schedule • Bee keeping • Tree nursery; • Eco-tourism; • Well-wishers/Donors • WRA/WRUA - (WDC); • CulturaUsports events 5,300,000 PART E—REPORTING LINKAGES FOR THE MANAGEMENT COMMITTEE STAK4TOLDERS I Note: (i) The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the coordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well- wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. Status Plann Total Source 0 Comm ed expendit funds ut- ents comple lion) Cost Ksh. ure to date pu Dated the 13th December, 2022. MOHAMED M. SHURIE, Chief Executive Officer, Water Resources Authority. GAZETTE NancE No. 236 THE WATER ACT (No. 43 of 2016) IT IS notified for the general information that, pursuant to section 23 of the Water Act, 2016, the Water Resources Authority, in consultation with relevant institutions and stakeholders, has prescribed the Management Plan set out in the Schedule in respect of the Manguo Swamp Groundwater. SCHEDULE MANGUO SWAMP GROUNDWATER CONSERVATION PLAN PART I—PREAMBLE Citation 1. This Plan may be cited as the Manguo Swamp Groundwater Conservation Plan. Interpretation 2. In this Plan, unless the context otherwise requires — "Act" means the Water Act, 2016; "Authority" means the Water Resources Authority established in accordance with the Act; "catchment area" means the land from which water naturally flows into a water course; "groundwater conservation area" means the area declared to be a groundwater conservation area under paragraph 4 of the Manguo Swamp Groundwater Conservation Area Order; "Plan" means the Manguo Swamp Groundwater Conservation Plan; "swamp" means the Manguo Swamp groundwater. Application of the Plan 3. This Plan shall apply in respect to the management and use of the Manguo Swamp Groundwater Conservation Area. Objective 4. The objective of the management Plan shall be to ensure sustainable management and use of water resources within the Groundwater Conservation Area while promoting equitable sharing of water resources. Manguo Swamp 5. (1) The Manguo Swamp Groundwater Conservation Area is located within Kamirithu Sub-location of Limuru location within Kiambu County and the area on which the wetland lies measures approximately 33.4 hectares (0.334 square kilometres). (2) There has been sub-division of the land into several plots and individuals issued with title deeds. (3) The Manguo Swamp Groundwater Conservation area lies within the 3BA sub-basin and is the source of the Ithanji River, a tributary of Tigoni River. Cost 5,000,000 Respons -ibility WRA Activi- ties Sub-total • • • • • • • • • • • • • • • • • Opp, Start Date End Date 13th January, 2023 (4) The protected groundwater conservation land under question area is in the form of a basin like depression with an outlet to the south-east into Ithanji River. (5) The swamp is currently partially covered by water in the southern part while the northern part has a very shallow water table and evidence of water coming onto the surface and flowing in a south- easterly direction to drain into the Ithanji River. (6) An analysis of the drainage system in the neighborhood confirmed the area is one of the main sources of Ithanji River, a tributary of Tigoni River. Location and Size of the Groiindwater Conservation Area. (L. N.235 of 2021) 6. (1) The Groundwater Conservation Area is commonly known as Manguo or Kiboko Swamp. It is located in Ktunirithu Sub-location of Limuru Location, Limuru Sub-County, Kiainbu County and within the 3BA sub basin of Athi Basin Area. (2) The boundaries of the Groundwater Conservation Area and. its riparian reserve has been demarcated and pegged by the Authority. Watershed Area 7. (1) The Manguo Swamp Groundwater Conservation Area that contributes surface ton-off into the swamp has been delineated through the use of ArcSWAT software. (2) The Manguo Swamp Groundwater Copservation Area measures 0.334 square kilometres (33.4 hectares) out of the 5.3 km catchment area of the Ithanji River as set out in the First Schedule. Criteria Adopted in Identifying Manguo Swamp for Protection. L.N. 170 of 2021. S. The Authority has taken into, account of the considerations provided under the Seventh' Schedule of the Water • Resources Regulations, 2021. . PART II—PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE MANGUO SWAMP GROUNDWATER CONSERVATION AREA • Physiography 9. (1) The Ithanji. river catchment area 'elevation ranges from a low of 2260 m.a.s.1 near the river's confluence with Tigoni River to a high of 2280 m.a.s.1 at the outlet from. the swamp. (2) The catchment is oval shaped and extends upstream in . north south direction with a length of 746 metres as set out in. the map in the First Schedule of the Order. (3) The slope ranges between 1.2%.to 8% with the 'steeper slopes found on the upstream pan of the catchment. (4) The catchment drains in an easterly direction; where it joins. with the Tigoni River at the foot of the sub-catchment. Climate 10. (1) The mean monthly temperatures range between a low of 16.7°C in July to a high of 20.7°C in March. (2) The Tigoni sub-catchment lies within the agro ecological zones IV that corresponds to woodland, it is either deciduous in subzone with' unimodal rainfall as towards West Kenya and in Tanzania, or hard-leaved evergreen in bimodal rainfall.subzones with two dry seasons as in East Kenya, where plants have hard or hairy leaves to avoid shedding them off twice a year. (3) The area is characterized by moderate rainfall with annual rainfall of 1002.3 mm (Limuru DO's Office Rainfall Station No. 9136161). (4) April to June and October to December are wet or rainy seasons with maximas occurring in April and November respectively and with continental rains which are low occurring in between the two maximas. (5) The table and figure set out in Part II of the First Schedule to this Plan represent the mean monthly rainfall at Limuru DO's Office Rainfall station. Vegetation 11. (1) The Tigoni catchment in which the Manguo Swamp catchment lies exhibits is within an agrictiltural area with changed vegetation. (2) The area is predominantly tea growing zone and the vegetation is adapted. Land Uses and their Potential Impact on the Groundwater Conservation Area 12. (1) The Tigoni sub-catchment is within the jurisdiction of Kiambu County in a rural setting. (2) The main land use in the area to the east of the swamp is large scale farming with the growing of tea being the main activity. (3) Within the Limuru town, the main land use is commercial and residential development with minimal industrial activities. (4) To the north of the swamp, the main land use is small scale holding practicing mixed farming with tea and subsistence crops and dairy farming being practiced. (5) The construction of buildings and an increase in the impermeable surfaces has resulted in an increased_ surface run-off which ends up in the swamp as well as into the rivers channels. (6) The run-off carries pollutants from the surface as well as sediments which are deposited in the siva* , gas affecting its functions as well as water quality. (7) Mushrooming of these structures will impact negatively on the ecosystem health of the swamp which will eventually result into its death and subsequent loss of ecosystem services. (8) There exists numerous exotic species of trees which are unsuitable in a water catchment area, including eucalyptus trees. Vulnerability of the water resource. (L. ;N. 235 of 2021) 13. (1.) The Tigoni River has a Regular Gauging Station 313A17 located at co-ordinates E036.724444, S01.158333 ,(3714 0246722, 9871868) at an elevation of 1890 m.a.s.l and approtimately 13 km downstream of the Manguo Swamp. • (2) The station is rated and has daily discharge lata for the period from the year 1939 upto 1991 though with gaps in,bijitsveen. (3) The area is covered by the Kerichwa Vatley 'Tuffs which are well exposed in the Tigoni stream that flows through the area (Gregory, 1921p 164) and were designated by S'hackleton (1945) to include a group of trachytic tuffs and agglomerates in the Nairobi area younger than the Nairobi Trachyte. (4) The tuffs referred to in sub-paragraph (3) ovirlie the Nairobi Trachyte. (5) The ground water system feeds into the surface drainage system of the Tigoni River through the numerous springs that exist in the area. (6) The encroachment on the Manguo Swamp riparian and catchment land through construction of buildings and the planting of exotic tree species has resulted into reduced recharge into the ground, lowering of the water table and a possible decrease in the discharge of the Tigoni River. (7) In order to have a clear understanding of the water resources availability in the Tigoni catchment, the available data has been used and collated with the existing daily discharge data of 3BA17 gauging station within the 3BA subtasin. (8) The table set out in Part III of Form 1 in the Annex to this Schedule shows the flow duration analysis for Tigoni river at RGS 3BA17. The Water resource Quality Objectives 14. (1) Section 20 of the Act requires the Authority to prescribe the criteria for classifying water resources for the purposes of determining water resources quality objectives for each class of water resource. (2) The Resource Quality Objectives represent the desired status of the resource, covering all aspects of quantity, quality, timing and aquatic biota. The RQO's are different for different classes of water THE KENYA GAZETTE resource. The objectives generally relate to the extent to which the water body is allowed to be adversely impacted by water use with respect to its natural state. (3) Conceptually the RQO's provide a "target" condition of the resources. Management decisions should be made such that the condition of the resource is progressively trending towards the RQO. The status of the resource is a measure of how far the condition of the resource is from the RQO. (4) Tigoni sub-catchment can be classified as of high Commercial importance. The area has predominantly urban and/or industrial agglomeration areas including their peripheral areas, which could be commercial. This category targets at ensuring quality of water resources to develop economy and prosperity in urban areas/industrial centres. alarm:1 water levels declining, water quality declining (stress, pressure or threat identified) (3) The Tigoni sub-catchment can be classified as "alert" as the available water is at times not of adequate quality to meet the demand. The water is of relatively good quality in the upper parts of the river but deteriorates as the river flows downstream due to pollution. PART III—MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE GROUNDWATER CONSERVATION AREA (5) Sustainable water resources management in the sub catchment will focus on cooperation with the commercial stakeholders, hence the need to have the interests of residents, industrialists and business community taken into account. The Class of the Water Resource 15. (1) The present aquifer classification system in Kenya is partly demand-oriented and partly geo-political and entails five classes — (a) strategi,c aquifers: aquifers used to supply significant amounts/proportions of water to an area where there are no alternatives, or where alternatives would take time and money to develop; (b) major aquifers: high-yielding aquifers with good quality water; minor aquifers: moderate-yielding aquifers with variable waterlquality; (d) poor aquifers: low-yielding aquifers with poor to reasonable quality water; (e) special aquifers: aquifers or parts of aquifers designated 'special aquifers' by the WRA (2) Each is-further defined in terms of its status — (a) satisfactory: no immediate stress, pressure or threat; (b) alert: stress, pressure or threat identified or anticipated; and (c) (c) THE KENYA GAZETTE 13th January, 2023 Proscribed Activities 16. (1) The activities to be undertaken within the groundwater conservation area are those with zero impact on its ecological status and integrity. (2) The following activities are prohibited in the groundwater conservation area — (a) tillage or cultivation; (b) clearing of indigenous trees or vegetation; (c) building of permanent structures especially boreholes and houses; (d) disposal of any form of waste; (e) excavation of soil or development of quarries; planting of exotic species that may have adverse effect to the water resource; and (g) land reclamation. Conservation Plan 17. (1) The objective of the conservation plan is to protect the long- term environmental sustainability of the catchment for enhanced water resources yield and maintain its ecological functions in terms of flora and fauna. Catchment Monitoring Plan 20. (1) The objective of the monitoring plan is to collect water resources data and maintain a comprehensive database on the groundwater conservation area that provides information on water levels and quality of the spring's water. (2) The planned catchment monitoring activities shall include the following — (a) establishing a water quality and pollution control plan; (b) water sampling and analysis; and (c) establishing a water resources database. (3) The particulars of the catchment monitoring plan are contained under Part C of Form 2 of the Annex to this Schedule. Establishment and Operationalization of Management Structure 21. (1) The objective of the management structure is to ensure that the protected area is managed in a sustainable manner with the involvement of all stakeholders under the leadership and coordination of Authority. (2) The objective specified in sub-paragraph (1) shall be achieved by — (a) setting up the management structure with defined ToRs and mandates; and (b) development of resources mobilization strategies to raise funds for operations, maintenance and conservation of the protected areas; (3) The operationalization of the management structure shall be as set out under Part D of the Second Schedule. Catchment and Water Resources Monitoring 22. (1) The objective of the monitoring plan is to collect and analyse Manguo Swamp and water resources data to provide information on water discharge, water quality and catchment health as a response to human activities within the neighbourhood. (2) The objective specified in sub-paragraph (1) shall be achieved through the following activities— (a) re-establishing the regular gauging station 3BA17 on Tigoni river to monitor water quantity and quality; (2) The catchment protection activities planned to be undertaken shall include those contained under Part A of Form 2 in the Annex to this Schedule. Conservation Plan 18. (1) The objective of the conservation plan is to protect the long- term environmental sustainability of the catchment for enhanced water resources yield and maintain its ecological functions in terms of flora and fauna. (2) In the development of the management programmes, care has been taken to ensure that there are explicit and logical links between the vision statement, management objectives, and the management strategies to achieve the objectives. (3) Each management programme is discussed in further detail set out in Part B of Form 2 of the Annex to this Schedule. Rehabilitation Plan 19. (1) The objective of the rehabilitation plan is to ensure the groundwater conservation area achieves its optimal performance level. (2) This objective referred to in sub-paragraph (I) shall be achieved through— (a) removal of all inappropriate or invasive species of plants; and (b) re-vegetation of the riparian zone with water friendly or native species of trees and vegetation; (3) Rehabilitation activities are particularized under the Rehabilitation Plan contained under Part C of Form 2 of the Annex to this Schedule. (f) ■ ^ i I T H E K E N Y A q ^ Z E T T E ^ ’ ’ * ^ ' ' ^ ' " ' * 3 t h J a n u a r y , 0 3 9 ( b ) r e - s t a b l i s h i n g a f u l l h y d r o - m e t e o r o l o g i c a l s t a t i o n w i t h i n t h e T i g o n i r i v e r s u h - c a t c h m e n t ( L i m u r u D O ’ s O f f i c e - S t a t i o n N o . 1 6 6 ) t o m o n i t o r p r e c i p i t a t i o n , e v a p o r a t i o n , h u m i d i t y a n d t e m p e r a t u r e ; a n d ( c ) e s t a b l i s h i n g w a t e r q u a l i t y m o n i t o r i n g s t a t i o n s w i t h i n t h e g r o u n d w a t e r c o n s e r v a t i o n a r e a . ( ) T h e l i n k a g e s b e t w e e n v a r i o u s s t a k e h o l d e r s a r e c o n t a i n e d u n d e r P a r t E o f F o r m o f t h e A n n e x t o t h i s S c h e d u l e . M o n i t o r i n g a n d E v a l u a t i o n M a t r i x T h e m a t r i x c o n t a i n e d u n d e r F o r m o f t h e A n n e x t o t h i s S c h e d u l e s h a l l b e a d o p t e d f o r m o n i t o r i n g a n d e v a l u a t i o n t o c a p t u r e d e t a i l o f t h e p r o g r e s s o f i m p l e m e n t a t i o n o f t h e p l a n n e d a c t i v i t i e s . A N N E X F O R M W A T E R S H E D A R E A P A R T I I - S U R F A C E W A T E R A V A I L A B I L I T Y F O R T I G O N I R I V E R A l l o c a t i o n A l l o c a t e d B a l a n c e Q 5 R e s e r v e , 3 0 , 3 0 0 N o r m a l F l o w , 2 1 , 2 Q 0 F l o o d F l o w , 0 3 , 0 I M e a n . 6 S t a n d a r d d e v i a t i o n 4 . 1 P r o b a b i l i t y o f n o n e x c e e d a n c e P r o b a b i l i t y o f e x c e e d a n c e A v a i l a b l e f o r a l l o c a t i o n 2 . F l o w F l o w r a V s % % m V d a y 8 , 2 m V s 9 % % . 2 9 % % . 6 4 , 3 1 0 % 0 % . 9 2 , 5 8 % 5 % . 1 1 , 1 2 6 0 2 , 6 0 2 . 6 0 2 7 0 8 % 0 % . 6 1 , 4 7 % 5 % . 4 1 , 6 1 0 % 0 % . 2 1 , 0 9 , 4 6 % 5 % . 0 6 % 0 % . 9 8 , 8 ’ 5 % 5 % . 7 6 , 6 5 % 0 % . 6 5 , 6 i r , 0 5 , 9 4 % 5 % . 5 4 % 0 % . 4 4 , 3 2 5 % 5 % . 4 3 , 5 2 0 % 0 % . 3 3 , 1 2 , 7 2 % 5 % . 3 2 0 % 0 % . 2 2 , 6 1 , 2 2 5 % 5 % . 1 1 , 5 1 % 0 % . 1 1 , 5 5 % 5 % . 1 1 , 3 0 . 0 1 % 9 % . 0 2 9 F l o w D i n t t o i C u r v e S t a l l o i B A 7 ( D e i t y d i i c k u x e d i t e t r o n 9 9 t o 9 1 ) 2 1 . 0 . 0 ■ ) * ■ X ^ . 0 3 1 0 3 4 0 3 7 0 3 0 0 & \ M o n t F e A u T o J a n , b M a r A p r M a y J i m J u l S e p O c t N o v D e c ■ g O . 0 h t a l S . J O a . ; i . R a i n f 3 7 , 1 1 , 9 , 3 . 9 . 3 , 0 , 6 . 0 . 1 . a l l 1 8 0 0 1 5 8 8 9 ( m m ) . M m M o n t h l y R a i n f o l l a t L i m u r u D O ' s O f f i c e R a i n f a l l S t a t i o n . 0 : S C O O K l O K 0 K J O K 0 % 0 K 0 % 0 K P n b a b i l i l y o f E i c e e d i D c e 8 % 0 % 0 % ; 7 F l o w D u r a t i o n A n a l y s i s f o r B A 7 5 : 2 - F O R M P A R T A - C A T C H M E N T P R O T E C T I O N A C T I V I T I E S 0 : . 5 R e s p o n s i b i - A c t i v i t y S u b - A c t i v i t y T i m e f r a m e C o s t ^ 5 l i t y G r o u n d w a U n d e r t a k e c a d a s t r a l M o n t h s u r v e y o f t h e a r e a a n d c o n s e r v a t i p l a c e b e a c o n s a l o n g o n a r e a t h e b o u n d a r y p r o t e c t i o n 2 7 0 , 0 W R A , S o K ^ 0 t e r 5 S O 1 ; 5 a n d D e v e l o p t h e P D P f o i m o n t h d e m a r c a t e d f i O O . 0 ' A C C , M o L S , W R A t h e n p a n a n p e g g i n g | a o F ( b M a r O p r H a y I o n ) f l l A u g S e p O i l N o v F i g . M e a n M o n t h l y R a i n f a l l a t L i m u r u D O ’ s O f f i c e R a i n f a l l S t a t i o n g r o u n d w a t e r c o n s e r v a t i o n a r e a D e c ) I , Activity Sub-Activity Timeframe Cost Responsibi- lity Liaise with NLC for3 the revocation of any irregularly issued title deeds for the groundwater conservation area and facilitate compensation (under compulsory acquisition processes prescribed in law) for titles determined as regularly acquired Months 1,000,000 WRA, NLC Fence off thel demarcated area Month 3,000,000 WRA, MWRUA Plate signs and noticesContinuou to notify the public of the protected area and sanctions in the event of breach s 250,00QWRA, MWRUA Enforce the Manguo Swamp Groundwa ter conservati on Plan Create awareness to2022 stakeholders on the grohndwater cowrvation area plan 1,000,000WRA Enforce groundwatercontinuous conservation plan and relevnt legislations 1,000,000WRA, National Govt Sub total 8,000,000 PART B—REHABILITATION PLAN Activity Sub-Activity Time frame Cost Responsi bi-lity WRA, KFS, NGAO, MWRUA Removal of all inappropriat e/invasive species of plants Identify and remove inappropriate and invasive tree species from the wetland 3 months 300,000 Exotic species control Continuou s 200,000 WRA, MWRUA Re- vegetation of the, Establish indigenous plants nursery Continuou s 2,000,000 MWRUA , WRA riparian zone of the wetland with water Grow live fence on the boundary of the wetland Continuou s 1,000,000 WRA, KFS, MWRUA friendly/nati ye species of trees and vegetation Planting and growing of propagated seedlings (Watering and tending) 1 year 540,000 MWRUA Sub-total 4,040,000 PART C— CATCHMENT MONITORING PI AN Activity Sub-Activity Time frame Cost Responsibi- lily Re-establish RGS3BA17 on Tigoni river Identify an appropriate site and install station 3 months 200,000 WRA Identify, train and engage a gauge reader Continuo us 600,000 WRA, MWRUA Collect and analyse hydromet data Continuo us WRA Establish a full hydro- meteorologi cal station Identify an appropriate site to install station Continuo us MWRUA ' WRA Establish water quality monitoring stations within the groundwate r conservatio n area Identify appropriate sites for water quality sampling 3 months 1,000,000 WRA, N4WRIJA Determine the parameters to be analysed for the samples 3 months Carry out water quality sampling, analysis and disseminate results Quarterly 2,000,000 WRA Procure, install and commission the equipment Continuo us 1,000,000 WRA Sub-total 3,900,000 PART D—MANAGEMENT STRUCTURE Activity Sub-Activity Time frame Cost Respo nsibi- liry Setting up Appointment of one 3 months the management structure Member from each of the following stakeholders: 300,000 WRA 1. Kenya Forest Service or 2. Public Health Department, Kiambu County; 3. National Government Administration in Kiambu County; 4. National Environmental Management Authority; 5. Ministry of Agriculture; 6. Mweteta WRUA; Terms of References Continuou (ToR) will include buts not limited to: 0 WRA, MWR (i) To manage the catchment prudently on behalf of other stakeholders UA (ii) To submit quarterly reports to WRA - ABA on all planned MANAGEMENT COMMITTEE COMMUNITY WRUA 13th January, 2023 THE KENYA GAZETTE 101 Activity Sub-Activity Time fi•ame Cost Respo nsibi- lity and implemented activities; (iii) To develop by - laws and submit a copy to WRA — ABA for approval before implementation Mandate and responsibilities: (a) Promote the conservation and protection of the catchment (b) Promote equitable distribution of the resources within the catchment (c) Promote socio- economic and environmental sustainabilityof the catchment Continuou s 0 MWR UA, WRA The sources of funds for the committee may include: (i) Bee keeping (ii) Tree nursery; (iii) Eco-tourism; (iv) Well- wishers/Donors (v) WRA/WRUA - (WDC) Continuou s 5,000,000 WRA Sub-Total 5,300,000 PART E —REPORTING LINKAGES FOR THE MANAGEMENT COMMITTEE STAKEHOLDERS Note: (i) The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa; (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the coordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well-wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. • FORM 3 MONITORING AND EVALUATION TEMPLATE Activiti es Jmplementatio n Schedule /Status (% completio n) Planne/Total d Cost Ksh. expenditu re to date a ofUt film Soukhitp ,. Commen is Start date End date Dated the 13th December, 2022. MOHAMED M. SHURIE, Chief Executive Officer, Water Resources. Authority. GAZETTE, NOTICE No. 237 THE WATER ACT (No.43 of 2016) ..A.G!: • IT IS notified for the general information that, pursuant% to section 22 of the Water Act. 2016, the Water Resources,Authority, in consultation with relevant institutions and stakeholders, has prescribed the Management Plan set out in the Schedule in respect of lffi Kabeere Springs Catchment. SCHEDULE 0-1 KABEERE SPRINGS CATCHMENT MANAGEMENT PLAN, 2022 PART 1—PREAMBLE Citation I. This Plan may be cited as the Kabeere Springs Catchment Management Plan, 2022. Interpretation 2. In this Plan, unless the context otherwise requires— "Act" means the Water Act, 2016; "Authority" means the Water Resources Authority established in accordance with the Act; "Plan" means the Kabeere Springs Catchment Management Plan; "catchment area" means the land from which water naturally flows into a water course. Application of this Plan 3. This Plan shall apply in "respect to the management and use of the protected area. Objective 4. The objective of this Plan shall be to ensure sustainable management and use of water resources within the protected area while promoting equitable sharing of water resources. Kabeere Springs 5. (1) The Kabeere Springs constitutes one of he following sources of water — (a) the Ngusishi River; (b) the Muthuri Springs; and (c) the Batian Springs. (2) The Ngusishi sub-catchment is a water scarce area and the available surface water sources are— (a) the Kabeere Springs; (b) the Batian Springs; and (c) the Muthuri Springs. (3) The Kabeere springs contributes approximately 50% of the discharge of Ngusishi river and thus the protection and conservation of its catchment is critical to the ecological sustainability of the river. (4) The Ngusishi River supports numerous large-scale horticultural farms and subsistence farming, livestock and wildlife. (5) The springs are threatened with destruction due to human activities carried within the area as it is wholly situated within a private land whose owner has a freehold title deed. (6) Initially, the area had been set aside for public use as a water catchment but was later alienated as private land. (7) Conservation and protection of the springs shall be achieved through the implementation of the following strategies — (a) sensitisation of the user community on the need to protect the springs to ensure sustainable yield; (b) development of an action plan to protect the catchment and its rehabilitation; (c) participatory mapping of the protection zones around the springs; and (d) apply the law to protect springs (enforcement for wetlands/riparian/springs protection). Location and Size of the Protected Area (L. N. 235 of 2021) 6. (1) The Protected Area is commonly known as Kabeere Springs and it is located in Kabubungi area of Ngusishi Location in Timau Division, Buuri District, Meru County within the Upper Ewaso Ngiro Sub-region. (2) The land area to be protected is approximately 5 acres (2.02 Hectares) and is shown in the map set out in Part I of Form 1 of the Annex to this Schedule. Watershed Area 7. (1) The area that contributes surface run-off to the springs has been delineated through the use of ArcGIS software. (2) The area measures 3.89 square kilometres (389 hectares) out of the 31.8 km2 of the Ngusishi River catchment area as set out in Part II in Form 1 in the Annex to this Schedule. Criteria Adopted as Kabeere Springs in Identifying for Protection L.N. 170 of 2021. 8. The Authority has taken into account of the considerations provided under the Seventh Schedule of the Water Resources Regulations, 2021. PART II—PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE KABEERE SPRINGS CATCHMENT PROTECTION AREA Physiography 9. (1) The lowest point of the catchment area is at coordinates E037.29205, N 00.09009 (37N 309920 UTM 9962) and at an altitude of 2440 m.a.s.l. (2) The catchment is leaf shaped and extends upstream in south easterly direction with a length of 5.2 kilometres as shown in the map set out in Part 1 of Form 1 in the Annex to this Schedule. (3) The altitude of Ngusishi River sub-catchment ranges from 4100 m.a.s.l in the upper parts of the sub-catchment to 1800 m.a.s.l at the outlet. (4) The slope ranges between 3% to 17% with the steeper slopes found on the upstream part within the slopes of Mount Kenya. (5) The catchment drains in a northerly direction from the high Mt. Kenya ridge to the northern lowlands of Nanyuki plains, where it joins with the Timau River at the foot of the sub-catchment. Climate 10. (1) The monthly mean temperatures range between 7.6° C in the high cooler areas to 22° C at the lower parts (Berger, P. 1989, Kihara, F. 1997). (2) This catchment has a rapid highland to lowland climatic transition with the larger part being a semi-arid environment. Exploitation of this perennial river, has been increasing with time as the demand for water increases resulting in poor water availability during the dry season. (3) The Ngusishi catchment lies within the agro ecological zones III to V in the following proportions, 1%, 77% and 22% respectively in general the area is characterized by low amount of rainfall which can be attributed to its being located on the leeward side of Mt. Kenya. (4) The distribution of this bimodal low rainfall amounts is highly skewed with the highest both in depth and intensity received in the upper forested zone (mean of 1100 mm) and decreases gradually downwards through the savannah and alpine zones to the semi-arid Laikipia Plateau (mean of 700 mm). (5) April to June and October to December are wet or rainy seasons with maximas occurring in April and November, respectively. (6) The rest of the months represent the dry seasons. (7) January and February are the driest and, in some places, the hottest months as well. Rainfall is therefore low in amount and is poorly distributed in time and space (LRP, 1996). Vegetation 12. (1) The vegetation on the Mount Kenya slopes on which the Ngusishi catchment lies exhibits a strong zonation characteristic. (2) As one moves down the mountain, the following vegetation are encountered— (a) the alpine belt; (b) the ericaceous belt; (c) the mountain forest belt; (d) the savannah belt; and (e) the pastoral belt; (2) The catchment lies within the savannah and pastoral belts where the main natural vegetation types are bush land/grasslands and open grasslands Land Uses and their Potential Impact on the Protected Area 12. (1) Human settlement: Though there is an upcoming formal human settlement, there are no centralised solid and liquid waste disposal facilities. (2) The settlement around the springs will have a major impact on it because of the pit latrines constructed. (3) When in use, there is likelihood of bacterial contamination of the groundwater feeding the springs. (4) In addition, when they get filled up, they may end up draining the raw sewage into the water resource. (5) There is also the clearing of the land for settlement leaving the soil bare leading to erosion. (6) The riparian is left unprotected causing the collapse of river banks and siltation occurrence. (7) There are also people defecating around the springs which poses a major health problem and may end up spreading diseases like cholera and typhoid. (8) The solid waste generated can impact negatively directly or indirectly on the resource quality. 13th January, 2023 THE KENYA GAZETTE 103 (9) Agriculture: Agro-chemicals from crop and animal spraying and fertilizers may end up being discharged into the springs. Possibility do also exist for the same chemicals to turn the soil acidic/alkaline, and affect the growth of vegetation around the springs. (10) Livestock: The inhabitants of the area practice the free-range livestock rearing method where the animals are left 10 fend for themselves. (11) The animals are watered directly from the springs resulting in trampling of the springs' eye, destruction of riverine vegetation, increased soil erosion and water pollution. (12) Exotic Species of Plants: There exist numerous exotic species of trees which are unsuitable in a water catchment area, especially near springs' eye, which include the blue gum trees. Vulnerability of the Water Resource (L. N. 235 of 2021) 13. (1) The Ngushishi River has a Regular Gauging Station (RGS) 5BE19 located at E037.26100 and N00.10000 coordinates. (2) The available data is for the period 1959 — 1%3 and no rating curve is available. The station has a poor control and the rating for the station is difficult because of the unstable banks. (3) The ground water availability in the area is highly varied and Most of the area has ground water yield potential ranging between 60 1/min to 650 1/min and is of good quality. (4) The ground water system feeds into the surface drainage system of the Ngushishi River through the numerous springs that exist in the area. (5) The analysis of existing borehole data indicates an average water struck level is approximately 90 m.b.g.l. with sufficient transmissivity and storage being provided by the saturated sediments/riverine aquifer system (NRM3 2002). (6) The encroachment on the riverine land through cultivation and the clearing of vegetation in the upper areas of the catchment has resulted in the lowering of the water table and a decrease in the yield of the springs. (7) Though no clear data exist, the yield of boreholes in the area is also decreasing as their density increases. (8) In order to have a clear understanding of the water resources availability in the Ngusishi catchment, the available data has been used and collated with the data of the neighbouring catchments with similar characteristics, such as Timau, whose regular gauging station (5BE06) has long term data between 1944 and the present. (9) According to the correlation between Ngusishi and Timau sub- catchments, the scenario set out in Table 1 in Form 2 in the Annex to this Schedule on surface water availability emerges. The Water Resource Quality Objectives 14. (1) Section 20 of the Act requires the Authority to prescribe the criteria for classifying water resources for the purposes of determining water resources quality objectives for each class of water resource. (2) The Ngusishi sub-catchment can be classified as of high Livelihood importance. The area has predominantly rural characteristics i.e. rural and scattered settlements with varying population density and small scale subsistence - orientated economic activities that include cultivated agriculture and livestock rearing. This category targets protection of water resources to ensure livelihood of rural population. (3) Sustainable water resources management in the sub-catchment will focus on cooperation with Ngusishi WRUA and other stakeholders within the sub-catchment. The Class of the Water Resource 15. (1) The present aquifer classification system in Kenya is partly demand-oriented and partly geo-political and entails the following classes: (a) strategic aquifers: aquifers used to supply significant amounts/pmportions of water to an area where there are no alternatives, or where alternatives would take time and money to develop; (b) major aquifers: high-yielding aquifers with good quality water; (c) minor aquifers: moderate-yielding aquifers with variable water quality; (d) poor aquifers: low-yielding aquifers with poor to reasonable quality water; special aquifers: aquifers or parts of aquifers designated 'special aquifers' by the Authority; (f) each is further defined in terms of its status as follows — (i) satisfactory: no immediate stress, pressure or threat (ii) alert: stress, pressure or threat identified or anticipated (iii) alarm: water levels declining, water quality declining (stress, pressure or threat identified) (2) The Ngusishi sub-catchment can be classified as "Alert" as the available water is at times not adequate to meet the authorised allocations. (3) In terms of water resource quantity, the reserve has been violated in the Ngusishi river sub-system especially in the lower reaches towards its confluence with the Timau system. (4) The WRUA in collaboration with other stakeholders has pegged the riparian land with the consent of the land owners and tree planting is in the process with 12 kilometres out of the total length of 21 kilometres planted. (5) The water is of relatively good quality with both human and livestock taking the water directly without any apparent negative health impacts. Present and Projected Water Demand 16. (1) According to household survey carried out by the Ngusishi WRUA in 2007, the distribution of households within the water projects abstracting water from the Kabeere springs was as follows: Kabubungi A 45 Households; Kabubungi B 36 Households; Kongoni community 273 Households; Wiyumiririe 400 Households; Ranch 1 (2) Assuming an average household size of 10 persons, the current total population dependent on Kabeere springs is approximately 8,239. (3) On average, each household has 1 grade and 1 indigenous cow and 3 goats bringing the total livestock population to 2,331 Livestock Units (includes livestock from the Ole Naishu Rauch). (4) The water demand for (2020) and ultimate (2030) is tabulated under Table 2 in Form 2 in the Annex to this Schedule. (5) According to water resource monitoring on the Kabeere springs, the average discharge from the springs currently stands at 2,808 red, with a reserve of 644 m3/d resulting in an allocatable flow of 2,164 m3/d. When the net abstraction of 1,938 led is catered for, the water balance from the springs is approximately 226 m3/d. PART III—MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE PROTECTED AREA Proscribed Activities 17. (1) The activities to be undertaken within the Protected Area are those with zero impact on its ecological status and integrity. (2) The following activities are prohibited in the groundwater conservation area (a) tillage or cultivation; (b) clearing of indigenous trees or vegetation; (c) building of permanent structures especially boreholes and houses; (d) disposal of any form of waste; (e) excavation of soil or development of quarries; (e) THE KENYA GAZETTE 13th January, 2023 (f) planting of exotic species that may have adverse effect to the water resource; and (g) land reclamation. Water Use Plan 18. (1) The objective of this water use plan is to protect the long- term water storage and supply capacity of the springs by controlling encroachment and degradation of the catchment. (2) The Planned actions include — (a) establishing the water balance; (b) developing water allocation plan for the Kabeere Springs; (c) improve water use efficiency (introduction of technologies) (3) The particulars of the water use plan are as set out in Part A of Form 2 in the Annex to this Schedule. Springs Protection Plan 19. (1) The objective of the protection plan is to protect Kabeere springs by encouraging activities that enhance both water quality and quantity while discouraging activities that cause the spring's catchment to deteriorate. (2) The spring protection activities planned to be undertaken shall include those set out in Part B in Form 3 in the Annex to this Schedule. Conservation Plan 20. (1) The objective of the conservation plan is to maximize the yield of Kabeere Springs by promoting beneficial land and water management practices. (2) The conservation and protection plan includes the following activities— (a) sensitization on catchment management; (b) revegetation of the catchment area including — (i) native plant propagation; and (ii) exotic species control. (c) water storage enhancement to ease pressure on use of springs water including — (1) rain water harvesting tanks; and (ii) water pans. (d) regulating activities that may lead to pollution and destruction of the eco-system including grazing and cultivation; (e) controlling abstraction limits and observing of safe yields; and (1) controlling encroachment. (3) The activities under the conservation Plan are as set out in Part C of Form 3 in the Annex to this Schedule. Rehabilitation Plan 21. (1) The objective of the monitoring plan is to collect water resources data and maintain a comprehensive database on the Kabeere Springs that provides information on water levels and quality of the Spring's water. (2) The objective specified in sub-paragraph (1) include — (a) establishing a water quality and pollution control plan; (b) watering sampling and analysis; and (c) establishing a water resources database. Monitoring Plan 22. (1) The objective of the monitoring plan is to collect water resources data and maintain a comprehensive database on the groundwater conservation area that provides information on water levels and quality of the spring's water. (2) The Planned catchment monitoring actions include— (a) establishing a water quality and pollution control plan; (b) water sampling and analysis; (c) establishing a water resources database. (3) The particulars of the catchment monitoring plan are as set out in Part D of Form 2 in the Annex to this Schedule. Establishment and Operationalization of Management Structure 23. (1) The objective of the management structure is to ensure that the protected area is managed in a sustainable manner with the involvement of all stakeholders under the leadership and coordination of WRA. composed of one member from each of the following stakeholders — (2) The protected area will be under a Management Committee (a) the Kenya Forest Service; (b) the County Government of Meru (Agriculture, Water); (c) the Public Health Department, Meru County; (d) the National Government Administration Officers, Meru County; (e) the National Environmental Management Authority; and W the Ngusishi WRUA; (3) The Authority as the lead agency in water resources management, will be the co-ordinator (4) The members appointed to the Management Committee will serve on the committee on Honorary basis as this will be a non- profit, non-commercial venture. (5) Their terms of references will include but not limited to — (a) managing the catchment prudently on behalf of other stakeholders; (b) submitting quarterly reports to WRA - ENNBA on all activities carried out; and (c) developing by - laws and submitting a copy to WRA — ENNBA. (6) The mandate and responsibilities shall be as follows — (a) promoting the conservation and protection of the catchment; (b) promoting equitable distribution of the resources within the catchment; (c) promoting socio-economic and environmental sustainability of the catchment (7) The Management Committee will be required to solicit for funding from well-wishers to supplement the income that will be derived from the activities permitted in a protected area. (8) The sources of funds for the committee may include — (a) bee keeping; (b) tree nursery; (c) well-wishers and donors; and (d) the WRMA/WRUA - (WDC). Reporting Linkages 24. The linkages between various stakeholders are as set out in Part E of the Form 3 in the Annex to this Schedule. The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. Monitoring and Evaluation Matrix 25. The matrix set out in Form 4 in the Annex to this Schedule shall be adopted for Monitoring and Evaluation to capture detail of the progress of implementation of the planned activities. 3 t h J a n u a r y , 0 3 T H E K E N Y A G A Z E T T E 0 A N N E X N o t e : T h e a b o v e c o r r e l a t i o n i s c o n s i s t e n t w i t h t h e e s t h n a t e s c a r r i e d o u t u n d e r t h e N R M ^ ( 0 2 ) w h i c h g a v e a f l o w o f , 3 m V d f r o m t h e s p r i n g s . F O R M l ( p . ( ) , ( ) ) P A R T I - T H E K A B E E R E S P R I N G S C A T C H M E N T P R O T E C T I O N A R E A T A B L E ; P R E S E N T A N D P R O J E C T E D W A T E R D E M A N D F R O M K A B E E R E S P R I N G S T Y e a r C u r r e n t ( 0 0 ) F u t u r e ( 0 0 ) P o p u l a t i o n 1 , 7 1 , 8 D e m a n d ( H u m a n ) ( m / d ) 5 . 3 7 4 . 4 L i v e s t o c k U n i t s , 3 2 , 3 1 D e m a n d ( L i v e s t o c k ) ( m / d ) 1 . 5 - 1 . 5 I r r i g a t i o n ( m / d ) T o t a l D e m a n d ( m / d ) 3 . 0 4 2 . 0 1 , 0 . 9 ■ ‘ j ’ , 9 . 9 N o t e : F r o m t h e a b o v e f i g u r e s , t h e a v e r a g e w a t e r d e m a n d f r o m K a b e e r e s p r i n g s c u r r e n t l y s t a n d s a t , 9 . m / d . H o w e v e r , t h e m o n i t o r e d a b s t r a c t i o n f r o m t h e s p r i n g s c u r r e n t l y s t a n d s a t a p p r o x i m a t e l y , 3 m V d s h o w i n g t h a t a n u n a c c o u n t e d a b s t r a c t i o n o f 4 . m V d F O R M ( p . 2 ( ) . 0 ( ) , 9 ( ) , 8 ( ) ) P A R T A — W A T E R U S E P L A N P A R T I I : T H E W A T E R S H E D A R E A ( L O C A T I O N O F K A B E E R E S P R I N G S C A T C H M E N T W I T H I N N G U S I S H I R I V E R C A T C H M E N T ) R e s p o n s i b i l i t y S u b - A c t i v i t y T i m e f r a m e C o s t A c t i v i t y E s t a b l i s h t h e w a t e r b a l a n c e A s s e s s d e m a n d a n d a v a i l a b i l i t y 0 1 : V _ 0 , 0 W R A , W R U A D e v e l o p w a t e r a l l o c a t i o n p l a n f o r t h e N g a r e l e n s p r i n g s . D e v e l o p W a t e r a l l o c a t i o n P l a n 0 1 , 0 , 0 W R U A , W R A , f . V I m p l e m e n t w a t e r a l l o c a t i o n p l a n c o n t i n u o u s , 0 , 0 W R A , W R U A ♦ . ■ E n f o r c e p e r m i t c o n d i t i o n s c o n t i n u o u s , 0 , 0 W R A , W R U A , S e n s i t i z a t i o n a n d m o d e l w a t e r u s e u n i t s - i r r i g a t i o n , d o m e s t i c E n h a n c e W a t e r u s e e f f i c i e n c y ( i n t r o d u c t i o n C o n t i n u o u s , 0 , 0 W R A , W R U A , F O R M ( p . 6 ( ) , 5 ( ) ) T A B L E — S U R F A C E W A T E R A V A I L A B I L I T Y F O R N G U S I S H I R I V E R n o f D e m o n s t r a t i o n o n e f f i c i e n t w a t e r u s e t e c h n o l o g y t e c h n o l o g i e s ) A v a i l a b l e f o r a l l o c a t - V o l u m e p e r P r o b a b i l i t P r o b a b i l i t y o f n o n - y o f F l o w e x c e e d - e x c e e d - m ^ / s a n c e % a n c e % T o t a l v o l u m e M i l l i o n F l o w D a y s I ' s m i m y e a r T o t a l m ^ / d a y n o s M i l l i o n i o n m ^ m ‘ m / d a y P A R T B - S P R I N G S P R O T E C T I O N P l ^ f l 9 9 . 9 7 4 , 7 3 . 5 . 0 5 . 1 . 5 . 1 5 2 . 8 2 4 , 6 5 . C d s f . A c t i v i t y S u b - A c t i v i t y T i m e R e s p o n s i b i - 0 0 . 3 1 5 , 9 3 . 0 . 0 9 . 8 1 0 . 4 7 , 9 5 . 5 . 9 4 . f r a m e l i t y 0 0 . 7 4 , 7 7 . 0 . 3 0 . G a z e t t e m e n t j D e l i n e a t e a n d s u r v e y s p r i n g ’ s 5 5 . 3 3 , 3 3 , 2 9 . 5 . 2 7 . 2 2 2 0 , 0 W R A , C o u n t y L a n d s & o f K a b e e r e t h e 0 0 . 5 1 9 . 0 . 4 3 . S p r i n g s C a t c h m e n t A r e a c a t c h m e n t a r e a . 5 5 . 0 2 , 8 1 7 . 5 . 1 0 . 6 4 0 . 5 2 , 8 1 6 . 0 . 5 7 . , ' S 5 5 . 2 1 , 3 1 4 . 5 . 6 3 . S u r v e y T e a m 0 0 . 9 , 6 , 2 9 , 3 1 2 . 0 . 2 0 . I 5 5 . 6 1 , 1 2 0 . 5 . 5 7 . 4 6 0 . 4 1 , 4 1 , 4 ’ 2 9 . 0 . 6 4 . D e v e l o p t h e P a r t D e v e l o p m e n t ^ P l a n 0 1 0 , 0 W R A , S o K , L a n d s D e p a r t m e n t 5 5 . 2 2 7 . 5 . 3 2 . f o r 0 0 . 0 9 , 0 2 5 . 0 . 3 . t h e s p r i n g c a t c h m e n t 5 5 . 9 7 . 9 2 3 . 5 . 6 . i . 7 6 , 9 5 , 0 2 2 . 0 . 6 . 2 8 1 8 0 . 6 5 , 8 3 , 2 1 , 8 ' 1 . 5 . 4 . C r e a t e a w a r e n e s s o n t h e s t a t u s o f t h e s p r i n g ’ s c a t c h m e n t a r e a . 0 , 0 f f C o n t i n u e W R A , W R U A , C o u n t y G o v e r n m e n t 0 0 . 3 3 8 . 0 . 6 . 9 0 . 1 0 4 . 5 . 5 . 5 9 0 . 0 1 9 6 . 5 . 5 . I : ' ’ ! ! : a a t Activity Sub-Activity Time frame Cost Responsibi- lity Develop guidelines an& conservation/protecti on plan through stakeholders' engagement 2021 500,000 WRA with all stakeholders Submit gazettement instrument to the AG 2021 500,000 WRA Enforcemen t of Kabeere springs catchment guidelines and other legislations Enforce Kabeere springs catchment management guidelines and relevant legislations Continuo us Govt, NLC 2,000,000 NGAO, WRA, County Total 4,000,000 PART C—CONSERVATION PLAN Activity Sub-Activity Time frame Cost Responsibi- lity Re- vegetation of the catchment area Establish native Plant Propagation Continuous 1,000,000 WRUA, WRA, KFS Grow live fence on the boundary of the catchment. 1 year 1,000,000 WRA, KFS, WRUA Planting and growing of propagated seedlings (Watering and tending) Continuous 2,000,000 WRUA Exotic species control Continuous 500,000 WRUA Sub-total 4,500,000 Rain water storage enhancement Installation of 20 ':10m3 Rain water harvesting tanks in public inatitutions/publ is land 1 year 4,000,000 WRA, and WRUA Construction of 2No. 10,000m3 water pans I year 10,000,000 WRA, and WRUA. Sub-Total 14,000,000 Controlling encroachmen t and review of grants Review legality of titles and resolving issues Continuous 2,000,000 NLC, WRA, County Government Sub-total 2,000,000 ' TOTAL 20,500,000 PART D—MONITORING PLAN Action Sub Activities Time frame Costs Responsible Water sampling and Collecting samples and taking to the lab Continuous 200,000 WRA Action Sub Activities Time frame Costs Responsible analysis in NRB. Conduct analysis of biological and physico- chemical parameters Continuous 500,000 WRA Capacity Building Capacity building on data collection and monitoring Continuous 300,000 stakeholders and WRA Total 1,000,000 PART E—REPORTING LINKAGES FOR THE MANAGEMENT COMMITTEE STAKEHOLDERS MANAGEMENT COMMITTEE Note: (i) The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the coordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well- wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. FORM 4 (p. 25) MONITORING AND EVALUATION TEMPLATE Activit ies Implementatio n Schedule Status (% completi on) Plann ed Cost Ksh. Total expendit ure to date Sot ce r fun Outp ut Comme nts Start date End date Dated the 13th December, 2022. MOHAMED M. SHURIE, Chief Executive Officer, Water Resources Authority. WRU A WRA COMMUNITY 13th January, 2023 THE KENYA GAZETTE 107