AGADVOKS GLOBALKENYA · ENGLISH
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Irrigation (General) Regulations

78. Irrigation water service agreement

Edition: 2022-12-31 · In force

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78. Irrigation water service agreement

(1)An irrigation water service agreement shall be valid for at least five years except where the association requests for a shorter period of service agreement.
(2)Where an association requests for a shorter period under paragraph (1), the term of irrigation water service agreement shall be at least three years.
(3)An irrigation water service agreement shall be made in the form set out in Part C of the Eighth Schedule and include—
(a)information on the water supply point;
(b)the season of the year in which irrigation water is to be supplied;
(c)the procedure for requesting water supply during irrigation season;
(d)the maximum volume of water the association requires during each irrigation season in accordance with a monthly schedule subject to any restriction on the service provider to supply the water by any appropriate body;
(e)measures to be taken to reduce water wastage, pollution and salinity;
(f)charges and payment conditions;
(g)liabilities and limitations on the use of water;
(h)penalties for non-­compliance with the conditions of the contract; and
(i)any other condition necessary to promote the effective use of water or to implement any legal provisions of the service provider concerning the provision of water as stipulated in the relevant enactment.
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Source: Kenya Law