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Water Law Conditionality India - Asian Development Bank |
Note: The use of this page and the documents contained therein is free but acknowledgment of the source (ielrc.org/content/.... – International Environmental Law Research Centre) is compulsory. |
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North Karnataka Urban Sector Investment Program (Facility Concept)- (38254)
Short Description : The North Karnataka Urban Sector Improvement Program aims to help the Government of Karnataka rehabilitate existing urban infrastructure facilities and construct new ones in Urban Local Bodies (ULBs) of north Karnataka. The Investment Program is seen as a logical progression of previous ADB assistance to the state in the southern and coastal areas and would specifically address the imbalance in the level of urban infrastructure and services in ULBs in North Karnataka . The investment program seeks to: i) improve urban services for at least the 4.3 million people living in the initially identified 25 investment programme ULBs; ii) improve and sustain infrastructure services within Investment Program ULBs; and iii) promote PSP in selected subsectors with the aim of bringing in a proper incentive framework for efficient and equitable service provision and of linking the private sectors financial liquidity with the large investment requirements in the urban poor.
Report and the Recommendation of the President to the Board of Directors - Nov 2006. [read more]
Pg. 19
V. Assurances
83. In addition to the standard assurances, the Government and GoK have given the following assurances, which have been incorporated in the framework financing agreement, and will be incorporated in the individual loan agreements as applicable, subject to any amendments to be mutually agreed by the Government and ADB.
xi) GoK will conduct surveys under the bridging TA (technical assistance) referred to in paragraph 37, to determine the real volumetric water tariff by measuring the actual amounts of water supplied to 3 ULBs (urban local body) to be selected by the KUIDFC (Karnataka Urban Infrastructure Development and Finance Corporation).
xii) GoK will ensure that for each of the Investment Program ULBs receiving funds under the loan, the (nominal) base volumetric water tariff will be increased to the real current volumetric tariff per m3 and that the tariff schedule will be changed zone by zone or for the related town, as feasible, upon completion of the related water supply subproject, from the (un-metered) monthly flat-rate to volumetric metered tariff with the lifeline block set at 8 m3 of which the rate shall not be less than the flat-rate. Upon the completion of the studies currently being carried out by consultants under the World Bank-supported Karnataka Urban Water Sector Improvement Project (KUWASIP), and by the bridging TA consultants, the water tariffs of the Investment Program ULBs will be firmed up by the mid-term review of the Investment Program.
xiii) For subprojects consisting of sewerage provision, sewerage tariffs will be introduced by GoK and ADB upon completion of studies currently being carried out by the consultants under the World Bank-supported KUWASIP, and subsequently upon. completion of studies by the bridging consultants. Such sewerage tariffs will take effect upon related subproject's completion.
xiv) GoK will ensure that measures are taken to improve bill collection efficiency including the enforcement of existing provisions for service cut-off due to non-payment. The appropriate levels of sewerage tariffs for the Investment Program ULBs will be agreed between GoK and ADB upon completion of the studies being carried out by consultants under the World Bank-supported KUWASIP project, and the studies by the bridging TA consultants.
xv) GoK will ensure that the Investment Program ULBs will by not later than 31 December 2011, a) take measures to significantly improve bill collecting efficiency including the enforcement of existing provisions for service cut-off due to non payment and, b) introduce self assessment system of capital value system for property tax. |
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Kerala Urban Sustainable Development Project (32300)
Short Description : The project involves the improvement, upgrading and expansion of existing urban infrastructure facilities and basic urban environmental services (water supply, sewerage and sanitation, urban drainage, solid waste management, and urban roads and transport) in five corporations and 53 urban municipalities of the State of Kerala . The project also involves institutional strengthening and capacity building of state and municipal agencies in urban management and urban services provision, as well as poverty reduction initiatives developed through stakeholder participation.
Report and the Recommendation of the President to the Board of Directors - Nov. 2005. [read more]
Pg. 18
V. Assurances
A. Specific Assurances
82. In addition to the standard assurances, the Government of India and GoK have given the following assurances, which will be incorporated in the legal documents:
ii) By midterm review of the Project, GoK will develop a road map on the role of KWA (Kerala Water Authority) and relevant statutory authorities/ULBs for water supply in the area covered by the Project to ensure empowering these with related services and cost recovery in accordance with the Kerala Municipalities Act 1994 and Decentralization of Powers Act, 2000.
iv) By no later than March 2007, GoK will formulate a policy on conversion of standposts to individual metered house service connections and/or metering standposts, for the purpose of efficient demand side management and reduction of NRW.
v) GoK will ensure that all the municipal corporations pass a resolution by March 2008 to introduce service tax and/or other revenue mobilization measures in each municipal corporation to meet shortfall of revenues needed to fund O&M of the expanded water supply.
vi) GoK will ensure that all the municipal corporations will prepare and implement a financial improvement action plan to a) introduce a sewerage charge, b) introduce a solid waste management charge, c) improve collection efficiency, by no later than 1 year after related sub-project completion. |
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Chattisgarh Irrigation Development Project - (37056)
Short Description : The project supports institutional strengthening and capacity development for the Water Resources Department (WRD) of the Government of Chattisgarh. It supports capacity development and institutional strengthening of water user associations (WUAs) that will assume responsibility for irrigation system operation and maintenance (O&M). The project has the following strategic priorities: (i) improve the ability of WRD to develop and manage irrigation systems; ii) develop the capacity of Water User Associations (WUAs) to play a meaningful role in the rehabilitation, management, and O&M of irrigation systems; iii) rehabilitate and upgrade minor and medium irrigation systems through a participatory process directed by WUAs; and iv) enhance the WUAs and farmers capacities for improved agricultural practices with emphasis on diversified and rabi cropping.
Report and the Recommendation of the President to the Board of Directors- March 2005. [read more]
Pg. 17-18
VI. Assurances
A. Specific Assurances
67. In addition to the standard assurances, the Government and GOCG (Government of Chhatisgarh) have given the following assurances, which are incorporated in legal documents:
ii) GOCG will ensure that all necessary steps are taken for early consideration and enactment of the amended PIM Act by the state legislature; and within 6 months thereof, prepare rules and regulations under the Act and enforce the same in the subsequent financial year starting 1 st April.
iii) Among other provisions, the amended PIM Act will include (a) transfer of O&M responsibilities to WUAs; b) WUAs to be provided on a timely basis (at least on seasonal basis) with an adequate portion of the water tax for O&M; c) improved representation of one of more WUAs per irrigation system for all systems above 200 ha, and one of those below 200 ha where practicable; d) restructuring of the offices, terms of office, and subcommittees; e) adoption of measures to ensure women's participation and effective contribution to the structures and processes set forth in the PIM Act, as provided in Section D (Gender and Development) of Appendix 2; and f) audit of accounts maintained by WUAs.
iv) GOCG will ensure that the Amended PIM Act is drafted and validated through an iterative, consultative process including all relevant stakeholders.
v) Before the midterm review of the project, in consonance with Government policies on rationalised ISF (irrigation service fee) (water tax), GOCG will revive the current ISF and make appropriate adjustments based on the needs for O&M and cost sharing of the water tax between WRD (Water Resources Department) and WUAs.
vi) For the R&U (rehabilitation and upgrading) sub-projects, GOCG will ensure a) transfer of O&M to WUAs with adequate capacity, to be jointly by ADB, GOCG, WRD, and WUAs; b) at least one dedicated WUA responsible for one subproject; c) transfer of O&M to WUAs under standard contracts specifying roles, responsibilities, maintenance of proper accounts (for O&M and other funds received), and authority for irrigation management and O&M; and d) adequate funding for O&M through timely sharing with WUAs of water tax collections, grants or other measures. |
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Urban Water Supply and Environmental Improvement in Madhya Pradesh - (Project Number- 32254 )
Short Description: The project considers deficiencies in basic services in six of the largest cities in M.P. The project is comprised of three parts. Part A - urban water supply and environmental improvement and expansion of the following municipal infrastructure and services: i) urban water supply, ii) sewerage and sanitation, iii) storm water drainage, and iv) solid waste management. Part B- Public participation and awareness program. Consists of two i) two community-level funds that will be the basis for participatory planning between the municipal authorities and the poor communities of the neighbourhood to integrate slum improvements with citywide infrastructure; and (ii) water for Asian Cities program in India covering urban water conservation and demand management to be financed through parallel cofinancing by UN-Habitat. Part C- project implementation assistance- will consist of support to the state project management unit (PMU) and the city Project Implementation Units (PIUs) with activities immediately related to the implementation of the project.
Report and the Recommendation of the President to the Board of Directors - November 2003 [read more]
Pg. 18
V. Assurances
A. Specific Assurances
In addition to the standard assurances, the Central Government, the State Government, and the six project city corporations have given the following assurances, which are incorporated in the legal documents:
(i) The state will ensure that the six project city corporations execute the financial improvement actions in accordance with agreed-upon timetable (Appendix 12), including a) revising water charges and introducing progressive block rate water tariff; b) reassessing properties and revising taxes; c) introducing a sewerage surcharge; and d) improving collection efficiency. There will be no amendments to the timetable without prior consent of the ADB. |
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Calcutta Environment Improvement Project - (29466)
Short Description : As part of the project a policy and institutional network is sought to be established to sustain the investments in sewerage and drainage, solid waste management, slum improvements, and canal rehabilitation. The project comprises the highest priority investments under the Municipal Calcutta Environment Improvement Program, a long-term master plan prepared under ADB technical assistance. The objectives of the project are to i) improve the environment in the outer areas of Calcutta, ii) reduce poverty in the low-income areas through affordable access to basic urban services, iii) facilitate community empowerment through participatory processes, iv) protect the environment through adverse developmental impacts, and v) help develop Calcutta Municipal Corporation (CMC).
Report and the Recommendation of the President to the Board of Directors- Nov. 2000. [read more]
Pg. 31
VI. Assurances
A. Conditions for Loan Effectiveness
124. As a condition to the effectiveness of the Loan Agreement, the state government will have enacted amendments to the CMC Act, which will (i) enable the CMC (Calcutta Municipal Corporation) to issue regulations or adopt budget estimates, requiring all users to pay a direct flat rate surcharge based on consumer connection size for sewerage and drainage for all unmetered water connections; ii) ensure that CMC will be externally audited on an annual basis no later than 12 months after the end of each fiscal year; and iii) enable the CMC to have a separate account for SWM as part of the municipal fund, and allocate 15 percent of the amounts realized from the consolidated rate charge to that account.
125. As further conditions to the effectiveness of the Loan Agreement, (i) the on-lending agreement, satisfactory to ADB, will have been executed and delivered on behalf of the state government and CMC in accordance with its terms; and (ii) the DFID agreement will have been executed and delivered, and all conditions precedent to its effectiveness shall have been fulfilled, or arrangements satisfactory to ADB shall have been made for its fulfilment. |
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Karnataka Urban Development and Coastal Environmental Project- 30303
Short Description : The objective of the project is to optimize social and economic development in the urban areas of West Karnataka by supporting investments in urban infrastructure and services required to meet basic human needs, and facilitating policy reforms to strengthen urban management. The project is to be undertaken in six parts. Part A will provide support for capacity building of local government administrations and community participation. Part B will include water supply rehabilitation and expansion. Part C will improve urban environmental quality. Part D will improve transportation. The focus of Part E is on coastal environmental management. Part F would provide implementation assistance.
Report and the Recommendation of the President to the Board of Directors- Sep. 1999 [read more]
Pg. 31-32
VI. Assurances
110. The Government and Karnataka State have given the following specific assurances, in addition to the standard, which have been incorporated in the legal documents:
iii) The state will reduce water supply subsidies and achieve financial sustainability of the water supply systems in the project ULBs by actions including (a) reducing nonrevenue water to no more than 25 percent by no later than July 2005, through program measures including improvement of collection efficiencies to 85 percent and implementation of water supply disconnection policy; (b) increasing water tariffs by an average of 50 percent for all consumer categories by April 2001 and 100 percent on the then prevailing rates by April 2005.
iv) The state will ensure that the proposed water tariffs also include a drainage surcharge to cover O&M costs of the sewerage systems in all project ULBs. |
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Rajasthan Urban Infrastructure Development Project - (29120)
Short Description : The project seeks to optimize social and economic development in urban Rajasthan. The assistance is directed at the cities with the greatest at the cities with the development potential to (i) redress immediate infrastructure and service deficiency as well as meet future demand for fulfilment of basic human needs, ii) act as a vehicle through which policy reforms can progress and be effectively executed, and iii) have the maximum demonstration effect for replication. The project is to be undertaken in five parts. Part A will provide support for capacity building and community participation, including community awareness and education. Part B will include water supply rehabilitation and expansion. Part C will improve urban environmental quality. Part D will improve urban transport and management. Part E will provide implementation assistance covering incremental administration, equipment and vehicles for implementation, design construction and supervision services, and Project management services.
Report and the Recommendation of the President to the Board of Directors- Nov. 1998. [read more]
Pg. 28-29
VI. Assurances
97. The Government and Rajasthan State have given the following specific assurances, in addition to the standard assurances, which have been incorporated in the legal documents:
(i) The State will execute the policy, institutional, and financial reform measures in the policy and institutional reform agenda in accordance with the agreed upon timetable. There will be no amendment of the timetable without the prior consent of the Bank.
(ii) The state will reduce water supply subsidies and achieve financial sustainability for the water supply systems in the Project cities by actions including (a) reducing NRW to no more 30 percent by no later than March 2004, through NRW program measures including improvement of collection efficiency to 90 percent and implementation of a water supply disconnection policy; and (b) increasing water tariffs averaged over all consumer categories to meet full O&M costs in Project cities service areas by no later than March 2005 and increase thereafter as required to meet an operating ratio of 1.2 by no later than March 2011. |
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Karnataka Urban Infrastructure Development Project (27132)
Short Description : The Project is an integrated Urban Infrastructure Development Project, under which assistance will be provided to the Karnataka State Government for development of water supply and sanitation, solid waste management, urban road improvement, slum upgrading, provision of serviced residential sites for low-income groups, provision for serviced industrial and commercial sites, as well as assistance toward Project implementation and institutional strengthening measures. The fundamental objective of the Project is to promote decentralization of population growth and economic activity in Bangalore by seeking to address infrastructure deficiencies and related environmental aspects in selected urban areas in the Bangalore sub-region.
Report and the Recommendation of the President to the Board of Directors- Nov 1995. [read more]
Pg. 32
VI. Assurances
103. The Government and Executing Agencies have given the following assurances in addition to the standard assurances, which have been incorporated in the legal documents:
i) KUWSDB will take all necessary steps within six months from loan affectivity to increase water tariffs and sewerage charges in accordance with the notification issued by the state to ensure that in each Project town, the full-cost recovery for O&M of water supply and sanitation services is achieved. |
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Technical Assistance in the Water Sector with Legal Assurances
A) Multisector Project for Infrastructure Rehabilitation in Jammu and Kashmir and Technical Assistance Grant for the Preparation of the Jammu and Kashmir and Technical Assistance Grant for the Preparation of the Jammu and Kashmir Urban Infrastructure Developmental Project
Short Description : The project targets the rehabilitation of existing infrastructure and utility facilities in J&K. The priorities laid out by the state are the restoration of facilities needed to deliver a minimum water service in the two main cities of the state, Srinagar and Jammu , and the establishment of key roads and bridges in 14 districts. The project also targets capacity building of executing agency.
Report and the Recommendation of the President to the Board of Directors- Dec 2004. [read more]
Pg. 25-26
VI. Assurances
A. Specific Assurances
96. In addition to the standard assurances, the Government has given the following assurances, which have been incorporated in the legal documents.
i) The state government and ERA (Economic Reconstruction Agency) will have joint responsibility as executing agencies (EAs) for the execution of the project. The state will ensure that the ERA has all delegated and other powers to carry out its functions as EA.
iii) The state government will double the current water tariffs by June 2005 for all types of connections, both domestic and commercial and will introduce metering of bulk water supply at the source and distribution centers, and commercial establishments falling in the Project area. The State Government and ERA will undertake, under the PPTA (project preparatory technical assistance), public awareness campaigns on water metering of domestic connections and consumption-based tariff systems. |
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