WMO-Final Report (Final Version)

Government of the Peoples Republic of Bangladesh Local Government Division
Second Small Scale Water Resources Development Sector Project
Institutional Studies for Legal Framework of Water Management Organizations Draft Final Report
Local Government Engineering Department Asian Development Bank Government of the Netherlands
February 2006
EXECUTIVE SUMMARY
Background Integrated Water Resources Management (IWRM) with the active participation of all stakeholders is a major strategy outlined in the National Water Policy (NWPo) towards fulfilling the national goals of economic development, poverty alleviation, food security and protection of the natural environment. Water Management Organizations (WMOs) are the principal instruments through which the goals of IWRM and participatory water management can be achieved. During the past few years, a few projects have been developed on the basis of this emerging focus. The Small-Scale Water Resources Development Sector Project (SSWRDSP) is one of the new generation projects that seek to institutionalize the WMOs for participatory water management and is looking forward towards a suitable institutional and legal framework for their development and operation. During the Phase I of the Project, the LGED, as its executing agency, adopted the institutional and legal framework of the existing cooperative laws and rules with the option that such framework will be finally decided after proper institutional study during Phase II of the Project. In the year 2001, Government approved the Guidelines for Participatory Water Management (GPWM). The Guidelines, developed in the light of experience of implementation difficulties of its earlier version and processed through the concerted efforts of the relevant experts of LGED and BWDB, provide the latest authoritative version on the subject. Unfortunately, the Guidelines also did not settle the issue of institutional framework of the societies and left it to be settled by a subsequent study. Till such time this was done, the WMOs were to be registered under the Cooperatives Societies Act and the rules framed thereunder. The present study seeks to settle this issue within a broader context of institutional and legal framework prevailing in the country. Objectives of the Study The objectives of the present study have been formulated in the following terms: (i) To assess appropriate institutional framework and options for WMO in effectively attaining SSWRDSP objectives i.e to develop stakeholder driven small-scale, medium-scale and larger water resource management systems with sustainable O&M thereby improving agriculture, fishery and livestock production, and peoples livelihood; To make an inventory and analysis of other experiences within Bangladesh relevant to participatory water management; and To make suitable recommendations, on the basis of the study, as to (a) whether the existing organizational arrangements are appropriate or there is a need for alternative management organizations; (b) whether there is a need for enabling legal provisions for improving the efficiency and effectiveness of the existing organizations or creating alternative WMO; and (c) whether pilot testing of alternative WMO would be necessary.
(ii)
(iii)
Methodology The study proceeded with an assessment of the institutional and legal frameworks prevailing in the water sector to find out the gaps that need to be addressed for successful operation of the WMOs. Such an assessment revealed that the existing framework is generally conducive to WMO development in the country. The hard task was a review of a number of WMOs of different types spread all over the country to collect necessary data for a comparative analysis of them for finding out the most suitable type for system wide application. A survey of WMOs was conducted on the basis of a structured questionnaire and by examining, wherever possible, the relevant records in support of the statements made to the Study i
Team. The local level officials of BWDB, LGED, DOC and BADC were also interviewed to elicit their views on the basis of pre-fixed points for discussion. Additionally, a series of consultations were held with senior management of BWDB, LGED and DOC both prior to and after the field survey.
Prior to undertaking the WMO survey, it was hypothesized that the survey may yield the following options:
I. LGED and BWDB will have similar institutional arrangements for participatory water management and the existing legal framework provided under the Cooperative law and rules will be considered appropriate for the establishment and operation of the WMOs sponsored by both the agencies. In this scenario, no major legal changes will be required except for some minor procedural changes in the light of experience gained in running them. II. LGED and BWDB will have different institutional arrangements for participatory water management. LGED will prefer to continue with the existing legal framework provided by the Cooperative law and rules for registration and operation of the WMOs. BWDB would like to discontinue with the current practice of using the cooperative framework and would set up its own procedures for dealing with the WMOs by framing rules under the BWDB Act, 2000. This involves completion of two types of legal action by BWDB. Firstly, it shall have to liquidate the existing cooperatives by following the procedures detailed in the Cooperative Rules and, secondly, draft and notify rules for registration and operations of WMOs under its control. III. While leaving LGED within the framework of the cooperative law, this option considers a dual system for BWDB: for the FCDI projects, WMOs would be created and operated under the Cooperative Law while for FCD, WMOs will be registered with the BWDB itself under rules as envisaged in option II. This option would also involve similar legal action as mentioned for option II.
Based on the analysis of the data collected from the WMO survey, review of the literature and views obtained from the various stakeholders, the Study Team will carry out an options analysis and recommend the most suitable one for the development and operation of the WMOs. Survey Findings and Recommendations A total of 52 WMOs were covered in the survey. This included cooperative groups (WMA) of LGED under SSWRDSP I & II, cooperative groups (WMG & WMA) of BWDB under PIRDP, MDIP and GK project and informal groups (WMG, WMA &WMF) of BWDB under CPP, CDSP and PIRDP. The survey also included 4 informal groups of BADC, but these were not found particularly relevant to the subject under study and have not been discussed. The survey findings are so definitive in favor of option III that there is hardly any need for an options analysis. The evidence gathered point to a slightly modified version of option III as the most suitable option for institutionalizing WMOs in the two agencies under study. The broad institutional and legal arrangements for development and operation of the WMOs for LGED and BWDB may be stated as under:
A. Large, medium and small scale water projects differ significantly from one another in terms of their nature, scope, size and complexity. It is not at all practicable to have similar institutional and legal arrangements for WMOs belonging to different types of projects. Therefore, LGED and ii
BWDB will have, within the broad framework of IWRM, different institutional and legal arrangements for WMOs of their respective projects. B. The implications of the above disposition for immediate follow up would be (a) to find out suitable mechanisms to integrate the small scale water projects with the larger system pursuant to the imperatives of IWRM and (b) to identifying and proposing suitable legal changes to give effect to the proposed alternative arrangements.
These and other recommendations are discussed in the concluding Chapter. The major recommendations are:
1. The single tier cooperative organization at the level of WMA is the appropriate one for LGED WMOs. 2. Given the size of BWDB projects, the necessary multiplicity of WMOs in each of them and their interdependence, the three tier structure envisaged in the GPWM appears the appropriate one for BWDB WMOs. However, the issue of registration of the WMOs would depend on the type of project for which these are being set up. For the WMOs of the FCDI projects, registration at the levels of WMGs and WMAs under the cooperative legal framework is recommended while for the WMOs of the FCD projects, this has been left open to the choice of the beneficiaries. They could either opt for registration as cooperative societies like in the FCDI projects or get registered with the BWDB. 3. There is no need to undertake any revision of the GPWM at this point of time. Whatever recommendations made in this Report are accepted by the respective Ministries, the concerned agencies should extract so much of the provisions from the Guidelines as are found appropriate for use in the revised methodology and circulate them for use as an interim measure. The question of revision may be taken up after the revised methodology has been allowed to run for a couple of years and sufficient information has been collected to justify such undertaking. Meantime, the reconstituted Inter Agency Task Force should be allowed to function to monitor and review the progress of issues covered under its Terms of Reference.
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Table of contents EXECUTIVE SUMMARY .............................................................................................................................. I

LIST OF TABLE ..................................................................................................................................... vi LIST OF CHART .................................................................................................................................... vi LIST OF ANNEX..................................................................................................................................... vi
ABBREVIATIONS AND ACRONYMS ...................................................................................................... VII 1 INTRODUCTION ................................................................................................................................... 1

1.1 1.2 1.3 1.4 2.1 2.2 Background.................................................................................................................................. 1 Objectives and Scope of the Study .............................................................................................. 3 Methodology of the Study ........................................................................................................... 4 Plan of Presentation ..................................................................................................................... 7 WMO as part of larger System .................................................................................................... 9 Changing Dynamics of Water Issues........................................................................................... 9 2.2.1 The Natural System ....................................................................................................... 10 2.2.2 The Human System ........................................................................................................ 11 Evolving Institutional Framework ............................................................................................. 13 2.3.1 Creating an Enabling Environment .............................................................................. 13 2.3.2 Policy and Planning Framework .................................................................................. 15 2.3.3 Joint Implementation of Schemes .................................................................................. 16 2.3.4 Ownership and Management Transfer of Schemes ....................................................... 16 2.3.5 Capacity Building.......................................................................................................... 18 Critical Gaps in the Institutional Framework ............................................................................ 19 Principles of Sound Water Resources Management .................................................................. 21 Existing Water Sector Laws ...................................................................................................... 22 Amendment and Replacement of Existing Laws....................................................................... 22 Enactment of National Water Code ........................................................................................... 23 Rationale for the WMO Study ................................................................................................... 24 Context of the Design ................................................................................................................ 27 4.1.1 Legacy of the Comilla Cooperatives ............................................................................. 27 4.1.2 WMO as outlined in the GPWM .................................................................................... 29 Survey Design ........................................................................................................................... 33 4.2.1 Design Assumptions ...................................................................................................... 33 4.2.2 Types of WMO ............................................................................................................... 34 4.2.3 Criteria for Sample Selection ........................................................................................ 35 WMO: A Study in Contrast ....................................................................................................... 39 5.1.1 LGED WMOs ................................................................................................................ 40 5.1.2 The BWDB WMOs......................................................................................................... 45 DOC as a Partner ....................................................................................................................... 50 Options Analysis ....................................................................................................................... 51
2 ASSESSMENT OF INSTITUTIONAL FRAMEWORK ........................................................................... 9
2.3
2.4 3.1 3.2 3.3 3.4 3.5 4.1
3 ASSESSMENT OF LEGAL FRAMEWORK ........................................................................................ 21
4 WMO SURVEY DESIGN ..................................................................................................................... 27
4.2
5 SURVEY FINDINGS AND OPTIONS ANALYSIS ............................................................................... 39

5.1
5.2 5.3
6 CONCLUSIONS AND RECOMMENDATIONS ................................................................................... 53 BIBLIOGRAPHY ....................................................................................................................................... 78
LIST OF TABLE
Table 1: Ownership and Management Transfer Plan of Water Schemes ........................................... 17 Table 2: An Inventory of important Laws relating to Water Management ........................................ 22 Table 3: Duties and Responsibilities of different units within a WMO ............................................... 29 Table 4: Stages of Participatory Process in Scheme Cycle .................................................................... 31 Table 5: Formation and Registration of WMOs by BWDB and LGED (As of 30.9.2005)................. 35 Table 6: Hydrological Regions and Administrative Districts Covered ................................................ 36 Table 7: Types of Schemes executed by BWDB and LGED ( as of 30.9.2005 ) ................................... 36 Table 8: Proposed program for survey of WMO ................................................................................... 37 Table 9: Types of WMOs surveyed by the Study Team ........................................................................ 39 Table 10: Membership position of LGED WMO between original formation and present day ....... 42
LIST OF CHART
Chart 1: LGED Hierarchy for WMO Affairs ........................................................................................ 41 Chart 2: Stipulated WMD Hierarchy ..................................................................................................... 48
LIST OF ANNEX
Annex I: TOR for the Study .................................................................................................................. 58 Annex II: Questionnaire for WMO Survey .......................................................................................... 64 Annex III: Questionnaire for the local level LGED, Doc and other officials .................................... 70 Annex IV: Preconditions for undertaking schemes under the SSWRDSP II .................................... 72 Annex V: Draft MOU between BWDB and LGED ............................................................................. 74
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ABBREVIATIONS AND ACRONYMS

ADB BADC BRDB BWDB CAD CBO CDSP CPP DAE DOC DOE DPP DTW ECNEC ECNWRC EIA FCD FCDI GPWM GOB GON GPA IRDP ISC IWRM JFPR JMREMP KJDRP KSS LCS LGED LGI LLP Asian Development Bank Bangladesh Agricultural Development Corporation Bangladesh Rural Development Board Bangladesh Water Development Board Command Area Development Community Based Organization Char Development and Settlement Project Compartmentalization Pilot Project Department of Agricultural Extension Department of Cooperative Department of Environment Development Project Proforma Deep Tube Well Executive Committee of the NEC Executive Committee of the NWRC Environmental Impact Assessment Flood Control and Drainage Flood Control, Drainage and Irrigation Guidelines for Participatory Water Management Government of Bangladesh Government of the Netherlands Guidelines for Project Assessment Integrated Rural Development Program Irrigation Service Charge Integrated Water Resources Management Japanese Fund for Poverty Reduction Jamuna Meghna Riverbank Erosion Mitigation Project Khulna Jessore Drainage Rehabilitation Project Krishak Samabaya Samity Landless Contracting Society Local Government Engineering Department Local Government Institution Low Lift Pump
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MDIP NEC NEMAP NGO NWMP NWPo NWRC NWRD O&M PAP PCP PP PIRDP PRRA PRSP SMEP STW SSWRDSP TCCA TDCC TIP TOR TTDC WATSAN WARPO WMA WMF WMG WMIP WMO Glossary
Meghna-Dhonagoda Irrigation Project National Economic Council National Environment Management Plan Non-Government Organization National Water Management Plan National Water Policy National Water Resources Council National Water Resources Database Operation and Maintenance Project Affected Person Project Concept Paper Project Proforma Pabna Irrigation and Rural Development Project Participatory Rapid Rural Appraisal Poverty Reduction Strategy Paper Sustainable Environmental Management Plan Shallow Tube Well Small Scale Water Resources Development Sector Project Thana Central Cooperatives Association Thana Development Coordination Committee Thana Irrigation Program Terms of Reference Thana Training and Development Center Water and Sanitation Water Resources Planning Organization Water Management Association Water Management Federation Water Management Group Water Management Improvement Project Water Management Organization
Thana (Upazila) Parishad
A suspended level of local government to be run by elected representatives. It is positioned between the district and the union viii
levels containing an average of 8 union parishads. This is also the lower tier of administration represented by all central government agencies.
Union Parishad
Lowest level of elective local government consisting of 10-12 villages. An average of 8 unions makes up a thana.
Zila Parishad
Another proposed level of local government to be run by elected representatives. A zila (district) consists of an average of 7 thanas. This is also another tier of administration that plays a vital role in implementing government policies in the field, maintains law and order and manages disaster relief and rehabilitation and other crises.
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Institutional Studies for Legal Framework of Water Management Organization
1 1.1
INTRODUCTION Background
For more than half a century, Bangladesh has been searching for a viable water resources management system and a set of appropriate organizations for its operation. After many twists and turns, the country seems to be moving towards an integrated water resources management with the active participation of all stakeholders. This emerging paradigm has been further consolidated as a set of operating guidelines for the water sector in the National Water Policy (NWPo), released in 1999. The NWPo, in its turn, has provided the guiding principles in the formulation of the National Water Management Plan (NWMP) approved in 2004. Simultaneously with the processing of the NWPo and the NWMP, a few projects were being developed on the basis of the emerging focus. The Small-Scale Water Resources Development Sector Project (SSWRDSP) is one of the new generation projects that seek to translate a few of the core values of the Policy. In summary, these may be recapitulated as adopting (i) a comprehensive approach towards water resources management with clearly defined roles of concerned agencies, modalities for stakeholder participation, and roles and responsibilities for beneficiaries including O&M cost recovery; (ii) capacity development of concerned water sector agencies and stakeholder institutions in terms of planning, coordination, and implementation; and (iii) development of more systematic intervention strategies to address the major issues facing the sector comprehensively. Among the many impediments towards the development of the small scale water resources sector, resolution of at least two of them is worth noting. One is a provision in the NWPo that has given the local government institutions (LGI) jurisdiction over the small water schemes. The Bangladesh Water Development Board (BWDB) has, since its creation in 1959, been holding its sway over all water schemes, irrespective of size. Under the current stipulation, BWDB will refrain from undertaking any new scheme that will have a command area of 1000 ha or less. Schemes of this size now being held by the Board will be gradually handed over to the LGIs after their rehabilitation and successful operation for two years by water management organizations (WMOs) formed and trained as part of the transfer process. The other development is the release of the Guidelines for Participatory Water Management (GPWM). Approved in the year 2001, the Guidelines, developed in the light of experience of implementation difficulties of its earlier version and processed through the concerted efforts of the relevant experts of the two leading water sector agencies, provide the latest authoritative version on the subject. The division of work relating to water resources management between the BWDB and the LGED was virtually a recognition of a fait accompli to the extent the SSWRDSP was first initiated by the latter in 1996 for implementing some 400 small scale schemes spread over the western region of the country covering an area of about 150,000 ha ahead of the passage of the BWDB Act, 2000. The objectives of higher agricultural production and employment generation were to be realized through stakeholder participation at all stages of project cycle including resource mobilization by project beneficiaries for sustainable O&M. WMO1 was considered to be the principal instrument for institutionalization of beneficiary participation and were to be formed prior to the commencement of physical work. However, the planners were unable to firmly define the structure, processes and linkages of such organizations expeditiously due to the diverse and complex nature of water management. Though the WMOs were to occupy the central position in the post-scheme operations, it was not considered expedient to delay the start up of the project just on this score. After considering different options, the project planners opted for using the existing institutional and legal framework provided under the Cooperative Act and the rules
The word WMO is used loosely in this report to mean any or all of the constituent units of a WMO.
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framed thereunder and allowing the project executing authorities enough time to modify that framework in the light of experience gained in the process of implementation. Based on the report of the Joint Appraisal Mission of SSWRDSP 1, legal framework under the cooperative law was adopted for SSWRDSP-1. Accordingly all WMOs under SSWRDSP-1 were registered under the Cooperative Act. Despite some deficiencies and failure to achieve the implementation targets as set out in the Appraisal Report, the Review Missions of SSWRDSP-1 undertaken in 1999 and 2001 considered the scheme performance satisfactory. The Asian Development Bank (ADB), financier of the scheme, at the request of the Government of Bangladesh (GOB), agreed to fund a phase II of the scheme to be executed during 2001-2009. Under this new phase, the scheme will rehabilitate and/or upgrade approximately 300 smallscale water control systems, called sub-projects, in the whole of Bangladesh except the three districts in the Chittagong Hill Tracts. In the meantime, the GPWM was released by the Government but the Inter Agency Taskforce 2 responsible for developing the Guidelines also left the modality of registration open. As was done in the case of SSWRDSP-1, the Task Force also confronted the issue with the following recommendation: Registration of the Water Management Organization will be done within the framework of the Cooperative Societies Ordinance, 1984 and the Cooperative Societies Rules, 1987 as amended from time to time. This system of registration will prevail till such time the government will frame separate rules for registration of the Water Management Organization for participatory water management."3 The WMO question has been a continuous hold-up in translating some important precepts of the NWPo in general and in implementing the new generation projects by both LGED and BWDB. The latter has been applying a modified4 cooperatives framework in its water sector schemes including Pabna Irrigation and Rural Development (PIRDP) and Meghna- Dhonagoda Irrigation Project (MIDP) under Command Area Development Project, and Khulna-Jessore Drainage Rehabilitation Project (KJDRP), among others. The review of WMO performance under the cooperatives framework and identification of specific measures for improved performance is also relevant for the BWDB's ongoing and forthcoming water management interventions including those assisted by external funding agencies. The cost of delaying a firm decision on the shape of the WMO could be enormous. We are not dealing here with one or two localized organizations with a limited number of people. Thousands of WMOs have already been created all over the country involving large segments of people at the grass-root level. These people are being inducted into a system, howsoever imperfect, with legal cover. Any change that would significantly alter the existing system could be difficult to implement and it will be more so as time passes by. It is an imperative that this issue be resolved without any further delay with due consideration of the chances of success of any proposed alteration. The loan covenants of all recent water sector projects have urged the GOB to look into this issue on a priority basis and come up with suitable modifications of the WMO for the long over-due institutional overhauling needed for instituting a decentralized and participatory water management system in the country. The urgency of the matter is truly reflected in the loan covenant of the SSWRDSP-II that states:
The Inter Agency Task Force constituted by the Government in May 1999 consisted of professionals from LGED and BWDB with support from a few local and expatriate consultants for formulating the Guidelines for Participatory Water Management.
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4
Section 5.3, Page 23-24, Guidelines for Participatory Water Management
Till 1995, BWDB had been organizing its WMOs on a two-tier basis. This approach changed to three tiers with the introduction of the previous Guidelines for Participatory Management and this hierarchy persists with the GPWM also. It is to be noted that under the Co-operative Act, there can only be two tiers at the project level. There is provision for only one federation at the national level.
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"within six months of the effective date, the Interagency Task Force on Guidelines for Participatory Water Management (GPWM) including the Water Resources Planning Organization, will have established terms of reference satisfactory to ADB to examine the identification of alternative management organizations, the need for enabling legal provisions for viable alternative WMO, and the feasibility of a pilot testing alternative WMO." It is against this background that the GOB, ADB and the Government of the Netherlands (GON) have agreed to conduct institutional studies for legal framework of water management organizations.
1.2
Objectives and Scope of the Study

Objectives and scope of the present study are derived from the main SSWRDSP-II and it would be worthwhile to recapitulate the objectives and scope of the main project first. The overall goal of the project is to support the Governments poverty reduction effort through the increase of sustainable agricultural and fishery production. The projects objective is to develop sustainable stakeholder-driven small-scale water resources management systems with special attention to the poorer section of the population. The objective is sought to be achieved by (i) constructing water management infrastructure and establishing sustainable management systems; (ii) strengthening operation and maintenance by institutionalizing beneficiary participation; (iii) strengthening government institutions and facilities by establishing sustainable water management systems; and (iv) enhancing the access of the landless poor in the sub-project areas to employment opportunities and to public natural resources. The scope of the scheme will cover the following elements: (i) The development of appropriate organizations to engage beneficiaries in participatory processes for the selection, design, implementation and O&M of small scale water development systems. The implementation of small scale water development systems to improve water resource management with appropriate agricultural extension and aquaculture development. The development of capacity building of relevant stakeholder organizations to ensure adequate support for small scale water resources development at all levels. This includes key governmental organizations at Union and Thana levels. The development of means for the landless to gain access to public water bodies and wetlands and for more opportunities to increase fish production.
(ii)
(iii)
(iv)
It will be seen that the WMO, in this phase also, retains its central position within the overall project framework. Among other things, the success of the project in attaining its objectives will depend on its ability to create viable WMOs and to strengthen operation and maintenance by institutionalizing beneficiary participation. The objectives of the present study have been formulated to reflect these concerns in the following terms: (iv) To assess appropriate institutional framework and options for WMO in effectively attaining project objectives i.e to develop stakeholder driven small-scale, medium-scale and larger water resource management systems with sustainable O&M thereby improving agriculture, fishery and livestock production, and peoples livelihood; To make an inventory and analysis of other experiences within Bangladesh relevant to participatory water management. and
(v)
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(vi)
To make suitable recommendations, on the basis of the study, as to (a) whether the existing organizational arrangements are appropriate or there is a need for alternative management organizations; (b) whether there is a need for enabling legal provisions for improving the efficiency and effectiveness of the existing organizations or creating alternative WMO; and (c) whether pilot testing of alternative WMO would be necessary.
For this purpose, the study will assess the performance of the (i) existing WMOs formed under the SSWRDSP, (ii) WMOs formed under selected BWDB schemes, (iii) unregistered WMOs and (iv) informal WMOs. On the basis of the findings, the study will then assess specific institutional measures to improve their performance, including the improvement of existing legal framework, and preparation/adoption of alternative framework, which may include specific new legislation for WMO. Further details about the objectives of the study may be seen in the TOR for the Study which is annexed as Annex 1.
1.3
Methodology of the Study

The project authorities look upon the WMOs as the principal instruments in instituting a decentralized and participatory water management system throughout the country. However, these organizations are not operating at their full potential at this time. The task is to find out the appropriate mix of institutional, social and legal environment that facilitates the operation and sustainability of the WMO. These entities form part of a greater subsystem and in order to perform satisfactorily they must come to terms with the objective realities of their surroundings. Understood in these terms, the study will proceed to draw its conclusions by closely examining the following issues: i.
Assessment of Institutional Framework. This work would involve a clear understanding of the
nature and content of an integrated water management system. The system is complex and is highly dependent on harmonious interaction among a number of subsystems for achievement of common goals. Given the culture of unilateral and centralized departmental administration, there is a need to assess if an institutional framework for a decentralized and participatory water management system is evolving and if so, what is the present capacity of the relevant institutions to move forward and what further assistance they need for that purpose.
ii.
Assessment of Legal Framework. In Bangladesh, ownership of water rests with the state and
users are accorded usufructuary rights. Such rights are tied into land ownership. With the recent rapid growth in demands, conflicts over water have inevitably arisen, particularly between different types of users such as farmers, fishermen, boat owners and domestic users. Such conflicts appear in many forms. These are mostly local, between the same type of users in one place (fishers vying for fishing rights in the same water body), between different types of users in the same place (shrimp versus rice cultivation in the same field) and between different localities (water control structures upstream denying adequate water to people downstream). The seed of discord is inherent in the nature of water that has multiple uses. These uses are not compatible with each other and therefore there is a need to find the complementarities and trade-offs for minimizing the conflicts. Successful water management usually involves a combination of structural and non-structural interventions, operating in an integrated manner to produce the optimal development and management of the available water resources. For Bangladesh, the non-structural interventions include institutional and legal measures, awareness raising, and the use of regulatory and economic instruments. WMOs, as instruments of decentralized water management system, will have to bear the unpleasant burden of conflict resolution among different water users and of collecting the O&M costs/ water charges from the beneficiaries. It needs a close scrutiny as to the extent to which the existing legal framework facilitates these works to be performed by these
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organizations. If the framework is not conducive or is essentially flawed, remedial measures need to be identified and followed through for creating the necessary enabling legal environment.
iii.
WMO Survey Design. At this point of time, at least four types of WMOs are in existence. It is
alleged that in many instances these institutions were created to meet donor conditionalities and were not demand driven. They exist as harmless adjuncts to moribund post-scheme organizations with very little contribution to participatory management system. There is also the opposite view that contends that in recent times quite a number of them have been set up by the beneficiaries themselves in terms of their own felt needs and these are functioning reasonably well given the poor legacy left by their precursors. From this controversy, one thing is clear: there are some WMOs that are performing well. From an institution-building perspective, it would be instructive to find out the reasons for their success vis--vis the failed ones. The WMO survey will primarily follow a methodology for a comparative study of the different types of WMOs. This methodology will identify and elaborate the different criteria against which data would be collected for analysis. A few of the important criteria would consist of such elements as the circumstances leading to the creation of WMOs, their relevance and adequacy for meeting the objectives against which they were created, organization and management, consistency of their operations with legal requirements, frequency of election of office bearers, frequency of meetings and rate of attendance, sources of financing WMO activities and obligations, financial discipline, horizontal and vertical linkages, conflict resolution and their overall contribution to institution building and poverty alleviation. The WMO survey will be carried out through survey of a number of both successful and failed WMOs of different categories for collecting the necessary data for the comparative analysis. A few WMOs, now under process of formation under SSWRDSP-II, will also be surveyed to see the extent to which the lessons learnt from the previous phase have been adopted in the new group formation strategy and how these have been received by the concerned beneficiaries. Beneficiary contribution to O&M is an important element in participatory management and how the difficulties faced in Phase 1 are being overcome now would have significant ramifications for institutionalizing participatory management. The survey will be further supplemented by a review of the previous studies done on the subject and by obtaining the informed views of concerned stakeholders.
iv.
WMO Options Analysis. WMO options analysis will be conducted in three stages:
A. The collected data on the WMOs will be critically analyzed to respond to the following basic issues first: a) Whether separate institutional setup will be needed for small, medium and large systems; this issue virtually deals with the question as to whether the LGED and the BWDB should have similar organizational arrangements for participatory management or different ones in view of differences in the nature, scope, size and complexity of their respective schemes b) In the event of recommendations for separate institutional arrangements for LGED and BWDB, how will the small scale systems located inside medium and large systems be integrated with them in terms of the needs of IWRM c) Having determined and recommended the types of WMOs, examine the role of the WMO if it is different from what was envisaged originally at the time of their creation. Is there any scope to expand their role for dissemination of new information and technology, social mobilization, legal protection or market access and information?
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d) Is there any incentive structure in the performance of assigned duties and responsibilities of the WMO? If this is insignificant, how can this be improved? e) Are the organizational arrangements and support system created to enable the WMO to perform their duties adequate and operational? If not, what can be done to meet the deficiencies? f) What were the duties and obligations of the sponsoring organization towards the WMO at the time of their creation? Have they performed as stipulated? If not, what are the consequences? How can this situation be improved? g) Is the WMO performing as stipulated? If not, what are the reasons- organizational, legal, economic, social and others?
B. Stage I analysis may yield the following options: I. Option 1. This option is based on the assumptions that WMOs will be organized and operated within the legal framework of the cooperative laws and at least one unit and preferably all units constituting a WMO will be registered under that law. It is further assumed that these arrangements are considered valid for both LGED and BWDB. In this scenario, no major legal changes are envisaged except for some minor procedural changes on the basis of experience gained in running them for more than a decade. II. Option II. This option is also based on the assumption that at least one unit and preferably all units constituting a WMO will be registered. However, the LGED and the BWDB will be registering them under different legal arrangements. WMO sponsored by the LGED will continue to be registered with the Department of Cooperatives while the WMO sponsored by the BWDB will be registered with them under rules framed under the BWDB Act, 2000. In this option, BWDB will have to initiate two actions simultaneously. Firstly, it will have to meet all legal requirements for liquidation of the existing societies by clearing up all outstanding dues it owes to the cooperative system and get a liquidation certificate from the Department of Cooperatives. Secondly, it will need to draft appropriate Rules enabling it to register its own societies. This option will also have to meet the requirements of the LGED sub-projects located inside medium and large systems for their integration with them in terms of the needs of IWRM. For this, necessary legal/ semi-legal instruments will have to be drafted and agreed upon by both LGED and BWDB. III. Option III. This option is also based on the assumption that at least one unit and preferably all units constituting a WMO will be registered. While leaving LGED within the framework of the cooperative law, this option considers a dual system for the BWDB: for the FCDI projects, WMO would be created and operated under the cooperative laws while for FCD projects, WMO will be registered with the BWDB itself under rules as envisaged in option II. This option would involve liquidation of a number of existing cooperatives and framing of new rules. BWDB will have to take similar action as mentioned in option II. C. In the final stage, the pros and cons of each of the options will be closely examined and the most suitable option will be recommended. If the recommended option envisages major changes in existing arrangements, indications of probable changes in the legal framework would be made and wherever necessary, drafts for those legal instruments would also be provided.
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1.4
Plan of Presentation
The study report would be presented in six chapters. Chapter 1 briefly narrates the background and objectives of the study. An attempt is also made to clarify the study teams understanding of the TOR on the basis of which methodology for proceeding with the study is also outlined. Chapter 2 and 3 respectively deal with assessment of institutional and legislative frameworks with a view to finding the critical gaps that will have a bearing on the survey design and long term sustainability of WMO as the principal institutional mechanism for integrated water management. Chapter 4 is dedicated to the design of survey of WMO for collecting the necessary information and data for a comparative analysis of different types of WMOs created for different types of water sector interventions. Chapter 5 presents the data colleted from the field and on the basis of data so collected, review of the literature and views obtained from different stakeholders makes an options analysis for the most suitable model to be adopted for institutionalization of WMO. The results of the analysis are then presented as recommendations of the Team for consideration of appropriate authorities in Chapter 6.
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ASSESSMENT OF INSTITUTIONAL FRAMEWORK

Natural water resources system constitutes distinct hydrological unit and, from that perspective, river basins are very appropriate units for operational management. However, it is impractical to expect that all interventions in the system will be made centrally by a super agency to protect its integrity. Water resources issues are faced by people at different levels in Bangladesh: at regional, national, district, village and household levels. It is natural to expect that most of the issues would be resolved at levels where they arise. This is at the core of a decentralized and participatory water management system that needs to be supported by an enabling institutional framework.
2.1
WMO as part of larger System

The major concern of the present study is to find out the modalities for establishing WMO as sustainable instruments towards building up integrated water management systems. WMO, by conscious design, is created as lower units of larger systems that are in the making in Bangladesh. The lower units are the building blocks of the hydrological units that affect them or are affected by them. This reinforces the importance of a very strong hierarchy of hydrological units in the natural system, for it is ultimately the users who determine the value of a natural system in terms of its utility to them. The ability of the WMO to operate in the desired direction will depend on the extent to which the larger system is also responding to the changes. However, a large part of the environment is occupied by institutions that not only include more formal types of organizations but customary rights, traditions and social norms as well. As institutions operate in the social milieu, they develop their own value system embodying a set of rules, compliance procedures, and moral and ethical norms that influence their behavior. This process of institutional evolution engenders a pattern of informal institutional behavior that is not given up easily. This is why institutional studies are necessary prior to undertaking any major organizational changes. An assessment of institutional framework is all the more necessary for the reason that during the past half a century, the approach to water management in Bangladesh has narrowly focused on either combating natural disasters like floods and cyclones or attaining self-sufficiency in food production through a massive program of dry season irrigation. The 1964 Master Plan and the 1989 Flood Action Plan represent the former approach while the 1972 Land and Water Resources Sector Study and the National Water Plan Phases I (1987) and II (1991) represent the latter. Within that planning framework, BWDB was created as the principal water sector agency that largely followed the planning orthodoxy of the day. One common feature of all the plans is that they are investment plans primarily serving the needs of flood control and irrigation and, to a lesser degree, of drainage. All of them lack a comprehensive approach to water as an inherent part of an ecosystem having multiple and competing uses. Since there was no framework for integrated water resources planning, the schemes executed under those plans did not bear any mark of an integrated approach. Agriculture has always remained the dominant component of rural economies but it is far from the only water management issue. The dynamics of change in water resources management in rural areas of Bangladesh are many and varied. WMO, to be effective, must be set against this changing dynamics so that these are able to deliver according to the needs of the time. The institutional assessment would be carried out in three stages. First, an attempt would be made to highlight some of the emerging water sector issues that reveal their changing dynamics and the need to address them urgently. This would be followed by a review of the recent steps taken by the GOB for bringing about significant changes in the institutional framework to capture part of the dynamics and start the process of much needed changes in the water sector. Finally, on the basis of the inventory of information, the existing gap in the emerging institutional framework would be identified.
2.2
Changing Dynamics of Water Issues

With high growth of population and rapid urbanization and industrialization of the country, the patterns of interaction between the different types of water uses are changing rapidly. This interaction is also diverse and this diversity is a determining feature of life. Sound water management must respond to these
problems reflecting a pattern of complex people-resource relationship. The conflicting demands for water use must be integrated, reconciled or harmonized as particular instances would require. Water management consists of two systems: the natural system and the human system. Countries that have succeeded in harmonizing both the systems are the most successful in instituting integrated water management systems. Some of the elements of both the systems will be discussed briefly. First we take up the most important elements in the natural system. 2.2.1 The Natural System
a. Integration between Macro and Micro-level Planning It is imperative for an integrated water management to define hydrological boundaries in such a manner that it is able to meet the requirements of both system integrity and decentralized water management within a system framework. One way of facilitating transition from an old mode to the new one is through integration between macro and micro-level water resources planning that involves taking the following actions: i. Dividing each hydrological unit into sub-regional and local units within the broad framework of the larger unit so as to make it feasible to make the necessary interventions in the water regime to meet unit demands without any major disruption to the system Defining the parameters of water resources planning in an integrated manner and provide the framework for developing sub-regional and local level plans Developing mechanisms for ventilation of local and sub-regional points of view on water resources management at higher levels, particularly at national and regional levels Encouraging multiple use of water resources to identify trade-offs among its different uses for the purposes of conservation and conflict-resolution Establishing and maintaining a national water resources data base Supporting continuous research on the natural system and its linkages with other natural resources and the physical system
ii. iii. iv. v. vi.
b. Integration between Land and Water use Land and water are the two most valuable resources of the country. The focus on their integration centers round a wide range of interventions in the countrys land and water regime made by diverse interest groups to meet their specific goals. There are innumerable dimensions of this interrelationship but three are of utmost concern. These are the imperatives of poverty alleviation and food security; resolution of conflicts arising out of competing demand for land use, and protection of environment in the face of interventions in land and water use. Continued agricultural growth is essential for the overall development of the country but this growth will not be sustainable at the cost of environment as currently being practiced. Degraded environment will negate what intensive agriculture seeks to achieve. Land and water use have to be harmonized in a way that will preserve the natural environment as well as optimize the output of all interventions for deriving maximum social benefit.
c. Integration between Surface and Groundwater Management The division of water resources into surface water and groundwater is artificial and recourse to such a division is made for the purpose of understanding the dynamics of the operation of the hydrological cycle of a particular unit of analysis. Water is essentially a unitary resource and
surface water and groundwater are different manifestations of the same resource base5. Problems arise when attempts are made to improve the efficiency of the one at the cost of the other in an autonomous mode. In such a situation, only a part of the hydrological cycle is considered ignoring the entire hydrological balance. This type of interventions, in the long run, will entail a cost on the system that may make the entire operation unsustainable. For long-term sustainability of water resources development, integration between surface water and groundwater management becomes an important issue. d. Integration between Flood and Drought Management Floods have been a regular phenomenon in Bangladesh since time immemorial. Floods, as distinct from flooding, become major public concern due to its adverse effects on the economy and affected people. Over the years, the extent of flood damages for the same level and duration of floods occurring in the past have increased manifold as a result of rapid growth of population, urbanization and economic development. While there is too much water during the wet season, there is sometimes too little during the dry period. Generally, during the dry season, the amount of rainfall in the entire GangesBrahmaputra-Meghna basin is very small. This is also the time when significant quantity of water is diverted in the upper reaches of the basin. All these result in drastic reduction in the discharge of the major rivers entering Bangladesh, drying out water bodies and triggering falling water levels and salinity intrusion. Drought, however, does not get that much attention of the concerned people for the reason that drought losses are not easily identified and measured. While it is possible to suggest a few methods for coping with the adverse impacts of catastrophic floods, it is very difficult to come up with any pragmatic suggestions for drought management that can be implemented easily. e. Integration between Water Quality and Quantity Water quality is dependent, in various ways, on the quantity of water available at particular time and space on a regular basis. Both excess and scarcity of water have harmful effects on the aquatic environment. The aim of successful water management is to achieve a level of water availability that would ensure reasonable quality of water. For Bangladesh, the issue becomes all the more complex due to its location as the lowest riparian and total lack of control over 97% of the catchment area. Long-term solution to the problem of water quality depends on adequate in-stream water in the rivers and water bodies during the dry season and this can be accomplished only through regional co-operation on water sharing and management. It may take considerable effort and time for Bangladesh to work out joint plans for different river basins with other co-riparian countries. In the meantime, efforts must be made to ensure water quality by taking appropriate measures as are feasible within its borders.
2.2.2
The Human System
The natural system of water resources exists in the environment as a bounty of nature ready to be exploited for service to the teeming millions of people. The specter of drought, polluted water-bodies, desertification, salinization, declining fish stocks, rising sea levels and decaying ecosystem are not so
Peter Rogers, The Economic and Financial Context pp 271-313 in Wouter Lincklaen Arriens, Jeremy Bird, Jeremy Berkoff and Paul Mosley (Eds). Towards Effective Water Policy in the Asian and Pacific Region. Volume III. Manila,: Asian Development Bank, 1996.
much the result of scarcity of water as against failures of different systems to manage it properly. The key issue is to develop an appropriate human system that is responsive to peoples needs and is generally capable of delivering the intended services without jeopardizing the sustainability of the natural resources. In other words, it must be able to work with the natural system to achieve the national goals. At a minimum, the human system should address the following issues: a. Integrating Different Uses of Water Some 35 public agencies are connected with water as a basic resource to fulfill their organizational mandates. Lack of a coherent policy and planning on the use of water has driven the situation to such a pass that some of the agencies were found to have been working at crosspurposes. Now that the relevant Ministries have declared their sub-sectoral policies and these have generally been found to be compatible with each other, they should start working towards harmonizing the remaining inconsistencies. b. Horizontal and Vertical Integration among relevant Institutions In modern day governance, integration of efforts through co-ordination and co-operation among a number of institutions is an organizational imperative from which there is no escape. Not only are the governmental operations highly interconnected, a large majority of the problems are also multidimensional in character defying the ability of one single Ministry to resolve them. These problems can only be resolved by taking recourse to the knowledge, skills and technology available in a number of Ministries and Agencies in close co-operation with the private sector, NGOs and the relevant members of the communities. Growing awareness about the integrated use and management of natural resources has led a few Agencies to develop sectoral action plans involving relevant Ministries and agencies. Agreement of all relevant government agencies, the private sector and the concerned public on an action plan is a major first step towards integrated planning and use of natural resources. The second element in inter-organizational integration relates to vertical integration. Bangladesh administration is not only departmentalized but also highly centralized. It is hoped that horizontal integration over time may facilitate vertical integration of the line agencies when they would be called upon to implement time-bound action plans. c. Integration between Service-providers and the Beneficiaries Until recently, development activities in Bangladesh used to be bureaucratically determined and executed. The water sector was also no exception. Through experience, the water sector institutions have learnt about the immense benefits of beneficiary involvement in water resources planning and management. Beneficiary involvement in scheme design and management increases the efficiency of scheme implementation and the effectiveness of scheme sustainability. Case studies6 have revealed the complexity of the rural society of Bangladesh and its water management. In some instances, the participants showed a long and well-developed tradition of water resources management. Many of the local initiatives identified were cheaper and more appropriate than external interventions. These were also well integrated with the local institutions. While the benefits of participatory approach to water management are understood by the water sector institutions, the process for its institutionalization is rather slow. Developing beneficiary
6
John Soussan, Anjan Datta and Premachandra Wattage. Community Partnership for Sustainable Water Management: Experience of the BWDB Systems Rehabilitation Project. Six Volumes. Dhaka: The University Press Limited, 1998.
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organizations is done in a routine manner while these need lot of caring and high level commitment. Realization of the share of O&M cost from the beneficiaries has also remained much below the target that is already set at a very low level. Two steps are necessary for further development in the area. Real management of small and medium-scale water schemes ought to be transferred to the beneficiaries after making them fully functional. They must also be allowed to use the money collected as O&M cost with freedom to use it for the operation of the scheme according to their own priorities. d. Integrating the Role of Women in Water Management Women in Bangladesh are subject to discrimination despite the fact that, both in urban and rural areas, they are the custodians of family health, nutrition and welfare as well as managers of domestic water supply and sanitation within the home. Rarely do they have the opportunity to express their opinion on water management issues that vitally affect their lives. Decisions on siting public water facilities, management system and cost recovery are all taken by male members of the community who do not understand the particular needs of women and children. The NWPo has given clear guidelines for integration of women in the management of water resources. The Second World Water Forum also expressed its commitment to enabling women to participate in all aspects of planning and management of water resources. The two major multilateral donor agencies, the World Bank and the Asian Development Bank (ADB), have also issued operational guidelines that call for developing programs that are equitably beneficial to both men and women. The ADB guidelines particularly targets gender issues of poverty and access to basic services. There is thus an urgent need to integrate them in the mainstream for the sake of establishing equity and reducing poverty.
2.3
Evolving Institutional Framework

The changing dynamics in the water sector in recent times has been briefly discussed in the previous section. In response to that dynamics, an institutional framework has also been evolving, though slowly, that will facilitate the establishment of an integrated water management system in Bangladesh. What follows is a review of the different elements of that framework in terms of their adequacy to carry forward the desired water management system. 2.3.1 Creating an Enabling Environment During the past few years, resolution, in quick succession, of a number of long-pending issues has created an enabling environment for a more rational and systematic management of the water resources of the country. i. National Water Policy. The first essential step towards creating an enabling environment was the formulation and declaration of a National Water Policy (NWPo) in 1999. The NWPo provides a comprehensive policy framework for dealing with such issues as national, regional and sub-regional planning, water rights and allocation, delineation of public and private domains, water supply and sanitation, preservation of the natural environment and the developmental concerns of fisheries, navigation and agriculture. It declares clearly and unequivocally the intention of the Government that all necessary means and measures will be taken to manage the water resources of the country in a comprehensive, integrated, equitable and environmentally sustainable manner. National Water Management Plan. Following the directions given in the NWPo, an integrated National Water Management Plan (NWMP) was also developed and has since been approved by the Government in 2004 for its phased implementation over the next twenty-five years. The NWMP is different from the previous master plans on two counts. While the master plans have
13
ii.
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been more concerned with the use of water in one or more sectors, the NWMP has looked upon water as part of a natural ecosystem and has endeavored to maintain its integrity from a holistic perspective. The other important distinction lies in the approach of the NWMP about the methodology of its implementation. The Plan addresses water issues in such a manner that it fosters inter-organizational cooperation and provides details of how, when and by whom the directives of the NWPo would be implemented. As a comprehensive long-term water management plan, it responds to national goals and objectives and has developed schedules according to appropriate time periods. The plan provides for regional balance, subject to the requirements of overall economic and social development and to protecting the natural environment. iii. Restructuring Water Sector Institutions. This broad vision of an integrated, equitable and people-centered water resources management would necessitate fundamental changes in the ways water sector institutions would conduct their business in the future. This will involve a redefinition of the roles of different institutions and setting up new procedures of engagement among them for developing a constructive relationship and achieving common goals. A significant part of this change process would involve restructuring BWDB, LGED and Water Resources Planning Organization (WARPO), the three key institutions in the water sector. The most significant of such reform initiatives was the promulgation of the Bangladesh Water Development Board Act, 2000 that replaced the Act of 1972 for incorporating the many of the institutional directives given in the NWPo. The Act also mandated peoples participation in all stages of the scheme cycle including a delineation of a clear role for them for the management of water sector schemes of different sizes. In parallel with the reforms of the BWDB, the role and responsibilities of the WARPO have been clarified and strengthened. WARPO has been firmly established as the exclusive organization for macro-level planning of water resources of the country. In that capacity, it has developed, at a very rudimentary level, a National Water Resources Database ( NWRD) which is accessible to all professionals. With proper support and the much needed capacity building, it is expected to deliver a Water Code and seven Regional Plans based on the NWMP. With its extended mandate, the LGED needs to build its own capacity and gradually reduce its dependence on consultants. A major overhaul of the organization is under process and would significantly improve its capacity when implemented. iv. Guidelines. Since integrated management seeks to reorient the process of planning and implementation, these activities need to be carefully guided to keep them on course. What are loosely termed as guidelines are nothing but a systematic presentation of a set of instructions for carrying out a particular segment of activity in the scheme cycle. Guidelines are intended to ensure that policy objectives are incorporated in scheme plans and designs and subsequently followed during scheme implementation. The NWPo has mentioned the following guidelines for scheme planning and design: Guidelines for Project Assessment (GPA). This is required for the planning and feasibility study of water sector schemes to ensure that the schemes are consistent with the national and sector objectives, particularly relating to poverty alleviation. Guidelines for Environmental Impact Assessment (EIA). This is to ensure that no harm is done to the natural environment by interventions in the water regime and to suggest mitigation measures, if some damage is unavoidable in greater public interest. Guidelines for Participatory Water Management (GPWM). The aim is to ensure stakeholder participation in the planning, implementation and management of water resources schemes.
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Fortunately, all the above guidelines are in force in the country for water sector scheme management. Since water management precepts have undergone radical changes in the past few years, the corresponding changes in practice will need a thorough re-orientation of the concerned officials for these to come to full force.
2.3.2
Policy and Planning Framework
Policy functions relating to the water sector are dealt with at the National Water Resources Council (NWRC) while those relating to planning are dealt with by the National Economic Council both headed by the Prime Minister. Both these Councils are assisted by their executive arms, known respectively as the Executive Committee of the NWRC (ECNWRC) and Executive Committee of the NEC (ECNEC) headed respectively by the Minister for Water Resources and the Minister for Finance. NWRC is the highest national body for the formulation of water policy, including interagency co-ordination on water issues and is charged with making recommendations to the Cabinet on all water policy issues. The NEC is the highest executive body in the Governments planning process and is responsible for policy decisions on the basis of recommendations from ECNEC. Secretarial and technical support to both the ECNWRC and the NWRC are provided by the WARPO while similar support to the NEC and ECNEC are provided by the Planning Commission. These arrangements are already in place and are working satisfactorily. In November, 2005, Government further simplified the procedure for project processing. Discarding the previous practice of initially preparing a Project Concept Paper (PCP) and then drafting a detailed Project Proforma (PP) based on the approved PCP, the revised procedure requires a Development Project Proforma (DPP) to be prepared by the concerned agency. This change is expected to reduce the processing time significantly. The line Ministries have been given more authority in project processing and approval than enjoyed by them at any previous time. The new procedures are expected to streamline project planning and implementation. With a view to avoid conflicts at field level between LGED and BWDB, a District Level Intersectoral Scheme Evaluation Committee was established by the Ministry of Planning in 1999. According to the terms of reference of the Committee, such committees will be constituted by the lead agency of a proposed scheme with its district level officer as its chairman. This Committee would include representatives of the district administration, BWDB, DAE and other relevant agencies. If a Committee fails to reach a consensus on any scheme proposal, the matter is referred to the BWDB Zonal Chief Engineer for resolution. In the last resort, there is a provision for a Central Co-ordination Cell to take the final decision. The Cell comprises seven members including the Director General, WARPO as the Chairman. Despite reports of occasional conflicts, this system has worked reasonably well and most of the schemes under the SSWRDSP have been successfully processed through these Committees. Over the past few years, awareness about environmental protection has been gaining ground among the different stakeholders involved in the water sector. Bangladesh Government has set up the Department of Environment (DOE) as the primary institution for environmental management. The Environmental Conservation Act of 1995 designates the DOE as the responsible body for enforcing the environmental impact assessment (EIA) procedures. These procedures are outlined in the EIA Guidelines for Industries of 1997. The title of the Guidelines is quite misleading in as much as these cover a good number of water sector interventions like different kinds of water control structures, water supply and sewerage treatment and roads and bridges. The impacts of these interventions are considered quite heavy on environment and the most stringent EIA processes have been prescribed for them. Alongside the DOE Guidelines, another set was prepared under the Flood Action Plan for water sector schemes that was duly approved by the DOE and its controlling Ministry. In addition, an EIA Manual
was also drafted to assist concerned scheme people unfamiliar with the subject. All of these have created some confusion as to which procedure to follow. To remove these difficulties, WARPO and the DOE are trying to work out a new set of guidelines for the water sector. Under the SEMP, the DOE has also started drafting 18 sets of sectoral EIA Guidelines. The burning issue in the matter of EIAs is not so much the formulation of new laws and regulations but implementation of the existing ones. The DOE has remained under-resourced for the past couple of years and does not have the institutional capacity to carry out its mandate. Whatever environmental management is taking place in the country is largely donor- driven who impose their own guidelines on the implementing agencies. This is hampering the process of institutionalization. However, a number of institutional strengthening processes are under way and the situation is expected to improve on completion of these activities in couple of years time.
2.3.3
Joint Implementation of Schemes
Integrated water management challenges the fragmented approach to water management by a number of autonomous agencies and requires all concerned agencies to agree on a common program for implementation in the field. The process of formulation of the National Environment Management Action Plan (NEMAP) and the NWMP has shown that despite conflicting interests, the different agencies and other stakeholders can agree on a common program. Integrated planning at the center has not been problematic. Things, however, become different when actual implementation starts at the local level. Given the long tradition of departmental execution of schemes, it remains an open question as to how much accommodation for an integrated approach will persist at the ground level. There is also the possibility that appropriate organizational arrangements for implementation of integrated schemes could remove the causes that discourage inter-agency cooperation. A number of water sector institutions, notably BWDB, WARPO and the LGED have gained some experience of working in partnership with other organizations on complex programs. An institutional pattern for integrated planning and management has also been evolving. A number of BWDB schemes funded by the ADB, such as, the Command Area Development Project, Dhaka Integrated Flood Control Project and the Bhola Irrigation Project, Phase I and II were executed jointly with other partner organization including the NGOs. A recent case study has also found that couple of schemes has successfully been executed jointly by a number of agencies under formalized procedures. Under these arrangements, each agency is allowed to execute its own component departmentally while at the same time is required to carry out its activities within the agreed planning and implementation framework7. Cooperation through full partnership with other participating organizations for achieving common goals within the broad framework of a sector or for the multi-sectoral development of an area has been gaining acceptance as a model of choice for many agencies.8This emerging model would truly help establishing integrated water management systems in Bangladesh. 2.3.4 Ownership and Management Transfer of Schemes
Till very recently, water management in Bangladesh has been dominated by a top down bureaucratic and engineering approach with very little or no involvement of the beneficiaries. Lack of involvement of scheme beneficiaries in the design and subsequent implementation of schemes resulted in suboptimal performance even during scheme implementation. On completion of schemes, these remained virtually unattended due to lack of operation and maintenance funds and absence of beneficiary
ATM Shamsul Huda, Interagency Collaboration for Integrated Coastal Zone Management: A Bangladesh Case Study Coastal Management 32:89-94,2004
8
Planning Commission, Government of Bangladesh.1998. Fifth Five Year Plan-1997-2002. Dhaka: Government of Bangladesh
organizations to take care of them. This approach of scheme management has created such a situation that most of the completed schemes are in terrible state of disrepair and are unable to deliver scheme benefits as estimated at their appraisal. This state of affairs has been a serious cause of concern to the Government who are keen to improve system performance without overburdening the treasury with added revenue expenditure on this score. Encouraged by the success of the privatization program of tube well irrigation, Government seeks to transfer management and, to a limited extent, ownership of FCD/FCDI schemes to their beneficiaries. The broad principles of this transfer have been laid down in the NWPo in these terms: Ownership of FCD and FCDI projects with command area of 1000 ha or less will gradually be transferred to the local government, beginning with the ones that are being satisfactorily managed and operated by the beneficiary organizations. The management of public water schemes, barring municipal schemes, with command area up to 5000 ha will be gradually made over to local and community organizations and their O&M will be financed through local resources. Public water schemes, barring municipal schemes, with command area of over 5000 ha will be gradually placed under private management, through leasing, or management contract under open competitive bidding procedures, or jointly managed by the project implementation agency along with local government and community organizations.
All the above directives have been incorporated in the BWDB Act, 2000 and are fully set for implementation. The transfer plan is depicted graphically in the following Table:
Table 1: Ownership and Management Transfer Plan of Water Schemes Activity Less than 1000 ha 10005000 ha
Construction Ownership Management LGED Local Government WMO BWDB BWDB WMO
More than 5000 ha

BWDB BWDB Joint Management by representatives of beneficiaries, nominated officials of the national agencies working at the local level including BWDB and representatives of local government
The rationale behind the transfer plan is to reduce financial burden of the government and to induce the beneficiaries to either fully or partly share the cost of operation of schemes that are beneficial to them. For implementing the plan, Government relies very heavily on three recent initiatives: institutionalizing participation at all levels of scheme management, generating local revenue for scheme operation and maintenance and institutional support of the local government in realizing the above goals. Guidelines for Participatory Water Management provides the basis for all institutional arrangements relating to participatory water management. All the new generation schemes including the SSWRDSP have adopted the Guidelines for their institutional development components. Admittedly, this is not a perfect document. For this reason, all the ongoing schemes have provisions for closely
monitoring the efficacy of different provisions of the Guidelines by noting the difficulties in implementation. On receipt of various comments and observations from different scheme authorities, Government will review the different provisions of the documents and reissue it after carrying out necessary modifications. For a variety of reasons, scheme authorities did not have much success with cost recovery. The two most important causes of poor response have recently been removed. One is the repetition of the phenomena of inducting beneficiary groups as an after-thought towards the close of the scheme and the other is the transfer of funds collected from the beneficiaries to government treasury. In recent times, involving the scheme beneficiaries from the very conceptual stage of a scheme through the entire scheme cycle has been made mandatory so that they develop a sense of ownership and commitment. The new generation schemes in the water sector are all designed to meet this requirement, though its true implementation still remains unsatisfactory due largely to lack of commitment of the top management as well as lack of orientation of the field staff. Long-held modes of operation do not go away easily and it will take lot of commitment on the part of all concerned to get the system up and running. The other positive development relates to the manner of use of service charges collected by scheme authorities for providing irrigation services. Until the year 2003, scheme authorities were not allowed to retain the collected money for O&M of the scheme and were required to deposit the entire amount so collected to government treasury. The beneficiaries were reluctant to pay in as much as they did not see the money being used for the benefit of the scheme. Suggestions for amendment of the existing legal provisions were made on several occasions during the last two decades and it was only in 2003 that the government finally conceded to the demand through the promulgation of The Imposition, Collection and Use of Service Charge Regulation, 2003.Rule 78 of the Cooperative Societies Rules, 2004 has also made similar provision. These provisions have enabled the scheme authorities to retain the fund locally and use it for O&M of the scheme by following prescribed government guidelines. This is indeed a very positive development and is expected to gear up revenue collection in the future.
2.3.5
Capacity Building
Integrated water management sets in motion a radically different way of doing things. This is accomplished over time by carrying out the necessary institutional and legal reforms to match them to the emerging requirements. The gaps in skills and logistics are identified and steps are taken to strengthen capacity on a continuing basis. The NWPo and the NWMP have set a long and challenging reform agenda. Quite a number of these have already been implemented. These are relatively new rules of engagement the concerned parties are not very familiar with. No matter how well intentioned the provisions of the law may be, these will be ineffective without a thorough reorientation and skills development of the concerned organizations. In the context of Bangladesh, institutional capacity has to be built in a number of institutions involved in the reform process by tapping resources from different sources. At the least, these will be the water sector institutions, the community organizations, the NGOs and the private sector. The specific areas where capacity building activities would concentrate would include human resources development of all the concerned organizations, institutional development and analysis, legislation, water resources planning, data management and interpretation, simulation modeling and other analytical techniques, socio-economic analysis and skills, community skills and monitoring and evaluation. In-house training to the officials of most of the water sector institutions is given a very low priority. All efforts at reform of the water sector may be negated if effective steps are not taken for capacity building of all stakeholders in the water sector.
2.4
Critical Gaps in the Institutional Framework

Nobody should expect a perfect environment for carrying out a task. Work has to proceed against many odds, uncertainties and obstacles. However, all the elements in the accomplishment of a task do not carry the same value or weight. There will be a few core elements that are highly inter-dependent and must march ahead in tandem for achieving common goals. Unfortunately, as far as participatory management of water is concerned, couple of such elements has not shown any sign of any concerted action and, in a few cases, these have stagnated. Of these, at least two elements are identified here as critical gaps in the emerging institutional framework and there is apprehension that if things do not improve, integrated management may not be fully operational in the long run. The first critical gap is to be found in the moribund state of the local government. The institutional base of a decentralized participatory water management is the local government. In their everyday encounter, people face problems at the local level. A majority of such problems must be thought through and resolved at that level. There has to be an institutional arrangement through which planning and implementation of activities at different levels can be integrated. The NWMP has provided the much needed macro framework within which regional and local level plans were to be developed through a truly participatory and democratic process. Local level planning has long been considered crucial for the empowerment of the rural people and long term sustainability of development efforts. Unfortunately, there is hardly any institutional base for local level planning, although the district and thana level offices of the central government agencies make some efforts at involving the local people in various stages of the scheme cycle. Except for the Union Parishad, the Thana and Zila Parishads have had no elected representation for long. These parishads are run on an adhoc basis by members of the bureaucracy. Aware of these problems, the NWPo clearly stated that sub-regional and local level planning shall be undertaken by the relevant line agencies and local government within the framework established by the NWPo and the NWMP. Sector agencies of the Government will thus prepare and implement sub-regional and local water management plans in conformance with the NWMP and approved government guidelines with such support at the local levels as may be available under the prevailing situation. The above prescription by the NWPo has done very little to compensate for the absence of elected representatives at the Thana and Zila levels. What has been going on in the name of local level planning is a collation of wish lists collected from stakeholders in consultation meetings held at village and union levels. These are then further scrutinized at the Union Parishad level and the screened list is then presented before the Thana Development Committee. This Committee further reviews all such proposals received from the different unions under the jurisdiction of the Thana and on the basis of priority formulates the Thana level development plan. It may be argued that both the national and local level planning have some mechanism of ascertaining the preferences of the local people. However, what is missing is the connection between the two levels of planning. National level planning is induced from above and its inputs from the ground level is largely demand driven while the demands of local people as reflected sometimes in the Thana plans lack their integration with the national and regional planning. Development of regional and local level plans in conformance with the NWMP through a truly decentralized and democratic process is an integral part of integrated water resources management and the sooner this gap is removed the better it would be for water management of the country. The other critical factor subsumes the institutional capacity as well as experience of water sector institutions in designing, implementing and operating integrated programs. From an integrated perspective, water sector institutions do not only mean the public sector water agencies but other related partner organizations, NGOs, community based organizations and related private sector institutions. As far as government agencies are concerned, institutional capacity suffers from generic organization and management issues relating mostly to organization structure and human resources management. These are controlled centrally by the Government and all attempts at reform have stalled due to lack of a strong political will. However, there are many other capacity building issues that are well within the competence of these agencies. Regrettably, progress on those items also is slow with the result
that there is an overall lack of institutional capacity in almost all the water sector agencies. 9 For both LGED and BWDB, these institutional deficiencies relate to lack of understanding of water management issues, persistence of inappropriate skill mix of their professionals, inadequacy of non-engineering water management personnel in the field and lack of training of the such professionals available at hand. Under the current WMO framework, the Cooperative Department has also a crucial role to play. There are no recent institutional studies on the organization per se, but its performance is discussed invariably in any literature on rural development in rather very uncharitable terms. Its capacity to handle normal business has always remained under serious doubt and it is beyond its capacity to handle the additional load created by formation and subsequent administration needs of the WMOs unless its manpower is increased rationally and trained adequately. The situation is no better in other partner organizations. Over the past two decades, there has been a phenomenal expansion of the NGO sector. Community organizations have also mushroomed without having gone through the rigor of developing sound human resources management practices and procedures. In recent times, several observers have commented adversely on their performance and have suggested taking urgent steps for their capacity building. Integrated management is a new approach of work focusing on partnership of a diverse set of organizations and on participation by the beneficiaries at every stage of scheme cycle. In some of the recently concluded donor-supported programs, provisions for training the manpower of this sector have been made and already some training has been delivered. Recent evaluation of their performance shows that such efforts were either inadequate or not very relevant.10 The entire capacity development initiatives need to be reviewed in the context of particular program needs and appropriate modules developed and delivered to get the desired result.
The lack of institutional capacity of LGED, BWDB and WARPO are well documented. See, for example, Management Capability Strengthening of LGED. 1992 TA No 1809-BAN and the Water Management Improvement Project: Preparation Study. Volume 2 2003. Dhaka: BWDB and WARPO:
10
Water Sector Improvement Project, Op cit

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ASSESSMENT OF LEGAL FRAMEWORK

An appropriate legal framework is fundamental to effective implementation of integrated water management. A nations institutions, and the way in which they are structured and utilized, determine the success of its water management programs. Institutions are the infrastructure and the instruments through which policies and plans are implemented.
3.1
Principles of Sound Water Resources Management

The legal framework for sound water management ought to be built around principles affecting four general areas described below. i. Resource ownership, allocation and rights belong to one area that will influence the determination of the priorities in the use of water, particularly under conditions of scarcity. In Bangladesh, the state is the owner of all water resources and sets the priority of water use between the sectors. But for better transparency and greater accountability, there should be appropriate rules and regulations on these subjects. The second area has to deal with the setting up of standards. These are important for protecting user rights and controlling many types of abuses of water such as water pollution, wastage and the degradation of the wetlands. Standards are also important for ensuring the quality of different kinds of services delivered in the water sector. The third area broadly covers the contentious issue of delineating the respective domains of the public and private sectors in water management. Water management in Bangladesh is largely controlled by public sector institutions. However, starting in the mid-1980s, Bangladesh Government has by now successfully privatized the ownership of majority of the tube wells with the exception of a couple of special schemes. The NWPo has set the target of transferring the ownership and management of small-scale FCD and FCDI schemes up to 1000 hectare to the local bodies. Government also plans to transfer management of medium scale schemes to the beneficiaries while instituting joint management of large schemes by the BWDB and the beneficiaries. The NWPo also wants the public sector institutions to use private providers of specific water resources services in carrying out their mandate. The BWDB Act has been thoroughly overhauled in 2000 to accommodate the proposed policy changes. But much more yet need to be done for creating the enabling environment for the success of integrated water management in Bangladesh. The last and an emerging new area that will need special attention is financial management of water resource infrastructures. For too long, water has been looked upon as an abundant bounty of nature to be used for free. In their drive for rapid expansion of irrigated agriculture, successive governments in Bangladesh also downplayed the financial aspects of pubic sector investments in the water sector. Barring the large water supply schemes in the cities and big towns, water users were not called upon to bear part of the cost of investment or even pay for operation and maintenance costs. This attitude towards cost recovery or cost sharing has been changing gradually. Nobody in Bangladesh now seriously questions the principle that in the long term, the public sector water agencies should become financially self-supporting with full authority to charge, collect and make direct use of the fund so collected. New laws/regulations will be needed to enable the authorities to charge the beneficiaries for the services provided by the water sector institutions. Similarly, there should be laws to penalize the offenders responsible for water quality degradation.
ii.
iii.
iv.
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3.2
Existing Water Sector Laws

There is no dearth of water sector legislation, some dating back over a century. An inventory of the most important ones relating to water management is presented in the following Table:
Table 2: An Inventory of important Laws relating to Water Management 1860 1864 1868 1876 1889 1908 1920 1939 1950 1950 1952 1972 1973 1982 1983 1983 Societies Registration Act The Canals Act The Bengal (Alluvial ) Act The Irrigation Act The Private Fisheries Act Registration Act The Alluvial Lands Act The Tanks Improvement Act 1983 1984 1985 1990 1992 1994 1995 1996 Irrigation Water Rate Ordinance The Trust Act Groundwater Management Ordinance Land Management Manual Water Resources Planning Act The Companies Act Environment Conservation Act Water Supply and Sewerage Authority Act Environment Conservation Rules Environmental Court Act Bangladesh Water Development Board Act The Cooperative Societies Act The Imposition, Collection and Use of Service Charge Regulation The Cooperative Societies Rules
The Protection and Conservation of Fish 1997 Act 1999 The State Acquisition and Tenancy Act 2000 The Embankment and Drainage Act 2001 Bangladesh Inland Transport Authority 2003 Ordinance The Bangladesh Fisheries Development 2004 Corporation Act The Acquisition and Requisition Immovable Property Act The Marine Fisheries Ordinance Local Government ( Union Parishads ) Ordinance of
3.3
Amendment and Replacement of Existing Laws

In terms of the four principles enunciated at section 3.1, it may be said broadly that the legislation relating to the water sector since the 1990s has significantly enhanced the coverage of emerging issues. However, the legal framework is considered inadequate for two main reasons. One is the question of adequacy of coverage. Despite some recent legislation covering environmental concerns and management of water resources, many others still remain unattended. These relate to water allocation, water pricing, water quality standards and such other sensitive issues as water right and cost sharing. The other reason for apparent inadequacy is the soft state of enforcement. This is particularly true about the environmental legislation. The laws are there but hardly any mechanism to strictly enforce them. In order to strengthen the legal framework, concerted efforts need to be mounted simultaneously for both enforcement and upgrading the laws to meet the changing requirements. Enforcement is linked up with overall capacity building of the water sector agencies. Upgrading the legal framework is a specialized job and will need special attention of the government.
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The NWMP was mandated to identify where legislation needs to be reviewed and to recommend amendments or new legislation, where considered necessary. This has since been done and improving the legislative program constitutes an important component of the Plan.11 The main recommendations for amendment and replacement of existing laws are summarized below: 1. The State Acquisition and Tenancy Act 1950 needs revision to enable land acquired under this Act for the FCD/FCDI schemes to be transferred to the Local Government or to the WMO. 2. The Acquisition and Requisition of Immovable Property Ordinance 1982 relating to the acquisition and requisition of immovable property has similar impediments to the 1950 Act above in terms of transfer of ownership. 3. The Irrigation Act 1876 needs amendment or replacement to accommodate the transfer of ownership and management of schemes from Government to Local Government/WMO. 4. The Embankment and Drainage Act 1952 will require replacement with a new Act that reflects adequately new approaches to change of ownership and management responsibility. 5. The Irrigation Water Rate Ordinance 1983 needs to separate the payment of irrigation service charge from the payment of water management charges in the FCDI areas. 6. The Groundwater Management Ordinance 1985 is currently in suspension and should be repealed.
3.4
Enactment of National Water Code

The NWMP has also endorsed the need for enactment of a National Water Code for streamlining water resources management in the country. As a Code it should take precedence over all former legislation and promote the rational management and use of water by providing a framework that would allow for:
i. ii.
the progressive introduction and application of appropriate standards and techniques for the investigation, use, control, protection, management and administration of water resources; the coordination of all public activities which may influence the quality, quantity, distribution, use or management of water resources;
iii. the coordination, allocation, and delegation of responsibilities amongst Ministries, Local Government and public authorities for the investigation, use, control, protection, management, and administration of water resources; iv. the participation of all concerned people and parties in the planning, development and management of water resources, including a framework for rules governing public consultation; v. the rights, responsibilities and standards by which non-government agencies and the private sector may engage in the development and management of water resources in their own capacity or acting on behalf of government agencies or local communities;
vi. the usufruct rights of individuals and communities to access to and use of water; vii. the ownership and the rights of transfer of ownership of publicly and privately owned waterrelated assets such as acquired and developed land and structures thereupon;
11
Water Resources Planning Organization, Ministry of Water Resources, Draft Development Strategy, Volume 7, Annex H; Institutions. 2000. Dhaka: WARPO
viii. the constitution, responsibilities, authority, independence and powers to impose penalties of regulatory bodies; ix. conservation, protection and enhancement of water resources; x. the provision of a clean, safe and sufficient supply of water for domestic purposes to all persons;
xi. the orderly development and use of water for other than domestic purposes, such as the watering of livestock, irrigation and agriculture, industrial and commercial uses, the generation of hydroelectric energy, navigation, fishing, preservation of flora and fauna and recreation; xii. the collection, treatment and safe disposal of sewage; xiii. the control of pollution and the promotion of safe storage, treatment, discharge and disposal of waste which may pollute water; xiv. the collection, processing, storage and dissemination of data and protection of rights in this regard.
In the Investment Portfolio12 of the approved NWMP, the following sub-components will support the improvement of legal framework in the water sector:
EE001 EE002 EE003 EE004 EE005 EE006
Support to the Preparation of New Legislation Field Testing of Participatory Management Models Water Resources LegislationPreparation of Supporting Ordinances Scheme Preparation ProceduresGuidelines and Procedures Regulatory and Economic Instruments Field Testing and Finalization of Guidelines for Participatory Water Management
Unfortunately, the unusual delay in approving the document at the highest level have upset the programming schedule and it will need to be worked out again according to the priority of the government.
3.5
Rationale for the WMO Study

Inventing a suitable institutional model for participatory water management has just begun and it will take time before one is found for wide use. In the meantime, different options need to be tried in the field and their suitability closely monitored and evaluated. At the current stage, this is what is happening in the field. There is thus no conflict between the projected activities in the NWMP and the current efforts at institution-building by both LGED and BWDB. Their activities are part of the process and these are expected to provide valuable inputs to the NWMP initiatives when these will materialize. Seen in the above light, the WMO study, focusing on the question of registration of these organizations, may bring some important information on their future institutional design. In the future, WMO is expected to play a much greater role in operating and maintaining water facilities on behalf of all people within a specific locality. Legal status is needed for a specific corporate structure entitling a WMO to act
12
Water Resources Planning Organization, Ministry of Water Resources, 2001.National Water Management Plan: Investment Portfolio, Volume 3. Dhaka: WARPO.
on behalf of a community for a specific purpose which adequately protects the rights of all members of the community as well as the assets created largely be spending public money. The WMO should have established rights of access to water, and to be responsible for its proper use under the law as well as to borrow money, issue contracts and charge for its service. WMO can obtain legal status by registering under one of four laws (i) Societies Registration Act 1860, (ii) The Trust Act 1984, (iii) The Companies Act 1994 and (iv)The Cooperative Societies Act, 2001. After examining various options, LGED decided to get the WMO under schemes executed by it registered under the cooperative law. In a somewhat different form, the WMO under the BWDB schemes are also registered under the same law, though recently it has carried out a study to see if these could be registered with the Board itself. There are other types of WMO also operating in the field. This study is intended to make a comparative study of all these different types with a view to finding out the most suitable one from the perspective of meeting the goals of integrated water management and their longterm sustainability.
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WMO SURVEY DESIGN
4.1
Context of the Design

Organizing farmers into groups for service delivery has remained the predominant mode ever since the diffusion of green revolution technology in this country. Farmers needed to acquaint themselves with the new technology and to be sufficiently motivated to use it in their fields. However, reaching the individual farmer was not easy for the government functionaries at the local level nor was the farmer economically strong enough to afford the expensive inputs like fertilizer, seed, pesticide, and irrigation water. Through intensive research in the surrounding villages, the Comilla Academy for Rural Development, developed in early 1960s a model of cooperative that sought to resolve these problems facing the rural economy of Bangladesh. This model has passed through many trials and tribulations and continues to provide the basic conceptual and structural framework for organizing farmers groups.
4.1.1
Legacy of the Comilla Cooperatives
The WMOs registered under the cooperative laws are not the exact replicas of the Comilla cooperatives but represent slightly modified versions. Before we undertake the task of design of the survey, it would be instructive to review the evolution of the Comilla Cooperatives, its initial successes and the various factors that were responsible for considerable erosion of its distinctive features later on. Since developing the WMOs patterned after the Comilla model is a realistic option, there can not be any better alternative to learning from its invaluable experience in institution-building. The Comilla model is well researched, well studied and well documented.13 We will bring out the main points that will have bearing on our survey design. The principal aim of the Comilla model is to bind farmers together into a functional unit, providing not only credit but also services to make the credit functional. It based its operations on four pillars: Organization. A two-tier cooperative system was introduced bypassing the traditional cooperatives. Farmers must organize themselves by forming the primary cooperatives, called Krishak Samabaya Samity (KSS) at the village level. These are then, over time, federated with Thana Central Cooperative Association (TCCA) for credit support and supervision. Cooperatives are central to the Comilla model as an effective instrument for organizing the rural people and for creating an institutional base wherefrom they can take part in other development activities. Peasant farmers are too numerous to be reached with information, to be judged for creditworthiness, to be held responsible for loan repayment or to be allocated inputs on an individual basis. Only through groups that have a collective responsibility for the
13
The most authentic narrative of the evolution of the Comilla model may be found in the personal accounts of its chief architect Akhter Hameed Khan; 1964 Rural Development of East Pakistan: Speeches of Akhter Hameed Khan. East Lansing, Michigan : Asian Studies Center, Michigan State University; 1971 Tour of Twenty Thanas: Impressions of Drainage,Roads, Irrigation and Cooperative Programmes. Comilla: Bangladesh Academy for Rural Development; and The Comilla Project: A Personal Account International Development Review 16 (September, 1974): 2-7. Critical reviews may be seen in Abu Abdullah, Mosharaff Hossain and Richard Nations, Agrarian Structure and the IRDP: Preliminary Considerations Bangladesh Development Studies 5 (April, 1976): 209-256; Harry W. Blair. 1975. The Elusiveness of Equity: Institutional Approaches to Rural Development in Bangladesh. Ithaca: Rural Development Committee, Center for International Studies, Cornell University and Harvey M. Choldin, An Organizational Analysis of Rural Development Projects at Comilla, East Pakistan Economic Development and Cultural Change 20 (July 1970): 671-690
performance of their members can these things be done. Hence the cooperative approach. Among the initial duties of the KSS are to elect a manager, who will run the society and a model farmer, who after receiving training at the Thana Training and Development Center (TTDC), will disseminate the new technology to other members. The TCCA is the core of the institutional framework of the Comilla Cooperatives. Its functions are basically the supply and supervision of credit and other inputs. Each TCCA is based at the TTDC and has jurisdiction over all the primary societies within the remit of the thana. The TCCA is run by a managing committee, chiefly consisting of elected representatives of the federating KSS. In addition, there are a few government officials who become ex-officio members. Strict supervision of the activities of the KSSs is the key to ensuring discipline within the ranks of the members. Access to Credit. Mobilization of rural savings and provision of credit are seen as inseparable. If the production function in agriculture were to be raised through the introduction of new technologies, then new inputs need to be acquired and the farmer is in no position to afford them without having access to significant amounts of credit. To that end, it was made an absolute requirement that every member of a KSS put something into the societys account every week, no matter how small. Members are eligible to get loans from the society but such loans are sanctioned by the loan committee upon review of individual members production plans and the last balance of individuals accumulated capital, savings and shares deposit. Access to other Inputs. Provision of credit was not considered sufficient for higher agricultural production. Farmers needed other inputs, such as, fertilizer, seeds, pesticides and pumps for irrigation if they were to implement the new technologies. It was thought that initially subsidies would be required to induce farmers to use the new inputs but that the supports could be removed once their value in increasing production became obvious and their use widespread. In 1967-68, the Thana Irrigation Program (TIP) started as a joint program of several agencies of the government. The TIP began in a village with the formation of a pump group--- a number of farmers who come together to take advantage of the program. They elect a managing committee, including a manager, a model farmer and a pump driver. If the group is formally approved, it is supplied with a pump at highly subsidized rate along with training of the driver and the model farmer. In addition, government provided subsidies for operating the pump and for fertilizers and pesticides. Training. Institutional capacity is an important factor in the sustainability of organizations. The Comilla model developed a pragmatic and least cost training program for the relevant personnel in the system. As against the practice of bringing an outside change agent, the concept of model farmer was introduced for creating such agents from within the community. There are also tailor-made courses for training the manager, accountant, pump driver and other officials connected with the TCCAs. There are three problem areas basic to the success or failure of cooperative systems: the control of cooperatives and of credit by a small number of wealthy, traditional, often non-farming members of the community; default on repayment of loans and not using loan money for the purposes for which it is taken. In approaching these problems, the Comilla model used three toolsdiscipline, investment and the neutral umbrella concept. Discipline was encouraged by regular meetings, and enforced participation through required savings. The strength and early success of the Comilla cooperatives have indeed been partly attributed to the balance between local autonomy and strict agency supervision. Investment came through regular payments for savings and shares by the farmers and loans based on strict investment criteria. A neutral umbrella, provided by the TCCA, could supply services, pumps, fertilizers, seeds, training, credit, and do so while maintaining a neutral political interest which will prevent the cooperatives from being co-opted by traditional local interests. These three elements stood together like solid pillars supporting the new cooperative system. The rapid replication of the Comilla cooperatives in the 1970s all over Bangladesh under the Integrated Rural Development Program (IRDP) effectively undercut each of these three pillars. The fundamental
obstacle to the institutionalization of the Comilla cooperatives lies in the contradictions involved in the requirements of a slow and cautious evolution of a new institution and the anxiety of a hard-pressed and desperate national government to increase productivity within minimum time. Government decisions to increase loan disbursement and field more tube well led to a mushrooming of KSSs and TCCAs. Strict financial discipline that is the hallmark of the Comilla model began eroding beyond measure. The loan committees pushed aside production plans to lend only according to the ceiling limit. Without the requirement of an operational production plan, loans were no longer tied; farmers used them for buying land, for marriage ceremonies or other non-productive functions, thus making repayment more difficult. Pump groups were being formed by big farmers to get pumps at highly subsidized rates and government policy was to register every pump group as a cooperative without proper scrutiny. The Comilla cooperatives are also facing an unequal competition from the traditional cooperatives. The Comilla model was developed with a mission to remedy the past failures of all attempts at rural development by putting together a hard program where strict internal discipline is the principal organizational norm and learning through experience the main operational concern. Against this, the traditional cooperatives run a relatively soft program. It not only offers credit at a lower rate but also does not require any of the organizational disciplines characteristic of the Comilla cooperatives. In a country where discipline is habitually slack, a hard program is indeed difficult to operate. But its operation becomes many times more difficult if its competitor runs a soft program in the same field.
4.1.2
WMO as outlined in the GPWM
The GPWM has outlined a three tier organizational structure comprising: water management groups (WMG) at the lowest level, water management associations (WMA) at the mid-tier and water management federations (WMF) at the apex. The combination of groups, associations and federations at a particular scheme14 are together known as its Water Management Organization (WMO). 4.1.2..1 Duties and Responsibilities of different units within a WMO
The duties and responsibilities of different units within a WMO are summarized in the Table below: Table 3: Duties and Responsibilities of different units within a WMO
WATER MANAGEMENT GROUP WATER MANAGEMENT ASSOCIATION WATER MANAGEMENT FEDERATION
Initiation of stakeholder activities through preliminary discussions, meetings and motivational exercises Drafting the working procedures and the process of interaction
Preparation of budgets and participation in overall activities
Liaison with the implementing agency
Liaison with implementing agencies, NGOs, community level organizations and LGIs Resolution of conflicts referred to it by WMGs
Oversight of the WMAs Mobilization of efforts to enforce rules and procedures regarding water management Coordination of stakeholder functions in water management
Preparation of documents and reports
Signing of management transfer agreements on behalf of the WMGs with implementing agencies or LGIs as appropriate
14
The phrase projects / subprojects / schemes has been used in the entire text of the GPWM to cover all types. In this report, the word scheme is used as a convenient shorthand to convey the same meaning.

WATER MANAGEMENT GROUP WATER MANAGEMENT ASSOCIATION WATER MANAGEMENT FEDERATION
Participation throughout the scheme cycle
Formal representation of the beneficiaries and scheme affected people on all issues related to water management Preparation of annual production plans and/or collate the production plans emanating from the WMGs Collection of beneficiary contribution towards scheme investment and operation costs, and collection of consolidated contributions from WMGs as appropriate Supervision and guidance on maintenance of accounts Participation in the supervision of scheme implementation to ensure that the works are as per design and agreement Operation and maintenance of works in accordance with any leasing agreement
Formal representation of the beneficiaries and scheme affected people on all issues related to water management Preparation of annual production plans and/or compilation of the production plans emanating from the WMAs Collection, where applicable, of beneficiary contributions towards scheme level operation and maintenance
Preparation of annual crop/other production and operation and maintenance plans Mobilization of local resources and collection of member contribution towards investment and recurring costs Maintenance of accounts Work with implementing agencies, NGOs, community level organizations and LGIs Progressive sharing of water management responsibilities
Financial oversight Observation of scheme construction to ensure compliance with designs and agreements On its completion, leasing of the scheme level infrastructure from the implementing agency and operate/maintain as per the terms of the lease Assistance with the arrangement of training and general capacity building initiatives with Government or NGOs for various stakeholders
Resolution of conflicts, election of office bearers, exploration of additional water based economic activities that could be engaged by the group
Assistance with the arrangement of training and general capacity building initiatives with Government or NGOs for various stakeholders
Source: Adapted from Guidelines for Participatory Water Management, 2001
4.1.2..2
Scheme Size and Hierarchy of WMO
For each scheme, there will be at least one level of WMO. The number and level of WMOs to be formed in any scheme will be decided by the stakeholders on the basis of their preference and in consideration of the size and complexity of the scheme. The types of WMOs which may be formed in respect of different sizes of schemes are shown in the following Box: Box 1: Level of WMO and corresponding Scheme Size
For schemes up to 1000 ha In such schemes, there may be one or two levels of WMO as indicated below: WMG at the lowest level for each smallest hydrological unit or social unit ( para / village ) WMA at the apex level of the scheme For schemes from 1000 to 5000 ha The WMO for such schemes may consist of two or three levels as indicated below: WMG at the lowest level for each smallest hydrological unit or social unit ( para/village ) WMA either at the mid-level for each sub-system of the scheme or at the apex level of the scheme
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If necessary, WMF at the apex level of the scheme in case WMA is formed at the mid level For schemes above 5000 ha There will be the following three tiers of WMO for such schemes: WMG at the lowest level for each smallest hydrological unit or social unit ( para/village ) WMA at the mid-level for each sub-system of the scheme WMF at the apex level of the scheme
4.1.2..3
Registration of WMOs
In any hierarchy of organizations, there is one level that actually performs the assigned tasks at the field; then there is the mid-level that do not actually carry on lot of these physical works but perform the essential system maintenance functions and provide the back up support to the field people; and at the top of the hierarchy are supervisory people who link up with other higher level organizations for support and mobilization of resources. The WMGs are the grass-root people who would be directly involved in water management while the WMAs will provide the necessary coordination at the scheme level. As is evident from Box 4.1.2.2, WMA is recognized as the highest unit of WMO that will be common to all kinds of schemes. The highest common denominator (WMA) is chosen as the point of formal interface between a water sector agency and a WMO. This is the level where formal agreements relating to respective duties and obligations of the parties concerned will be signed. For this reason this level needs to gain a legal status and hence the question of registration of WMO. The Task Force has accordingly recommended mandatory registration of all WMAs, keeping registration of WMG and WMF optional. However, the Task Force did not prescribe any firm modality for registering these organizations.
4.1.2..4
Stages of Participatory Process
The GPWM has prescribed a number of stages of participatory process for what may be called a participatory scheme cycle. These are presented graphically in the following Table: Table 4: Stages of Participatory Process in Scheme Cycle
Stages Identification / Pre-feasibility Study Activities Feasibility Study Local level meetings / discussions Work with local interest groups and Local Government Institutions Inventory of problems / constraints / potentials Assessment and reconnaissance of social, agricultural, fishery, livestock and environmental issues Social assessment involving stakeholders through survey and PRA Solicit opinion of local stakeholders Assess capacity of local stakeholders for participation Create environment for formation of WMO Determine proposed scheme boundaries Carry out detailed studies on technical, social, agricultural, fishery, forestry, livestock and environmental aspects Identify opposition to proposed interventions and mitigation
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Stages
Activities measures
Detailed planning, design and stakeholders institution-building
Close interaction between design team and WMO Feedback on proposed design Delineate boundary in relation to WMO Form appropriate WMO Arrange registration of WMO Sign implementation agreement Prepare production plans for agriculture, fishery, forestry, livestock, and environmental management plan based on feasibility study Develop compensation plan for negative impacts Detailed design based on feedback from beneficiaries Further consolidate WMO activities Assist in monitoring and supervision Participate with cash or labor during construction Prepare local resources mobilization plan Put up suggestions for improvement and lodge complaint, if any Develop O&M plan Implement production plans Implement environmental management plan Realize O&M costs Receive training Carry out WMO activities Transfer of ownership / management of schemes Implement O&M plan Implement production plans Implement environmental management plans Progress of membership of WMO Progress of women participation in WMO Progress of beneficiary contribution Monitoring and evaluation survey Progress of scheme construction work Progress of productive activities Progress of environmental management plan

Implementation and trial operation
Operation and maintenance
Monitoring and Evaluation
4.1.2..5
Partnership with other Organizations
The GPWM envisions a definite role for the Local Government Institutions (LGIs) consisting of Union, Thana and Zila Parishads in facilitating the work of WMOs. This support will be provided through the respective standing committees of the different Parishads whose members will act as advisors to the
concerned WMOs. The LGIs would also be involved at their respective levels in the transfer of ownership and management of different sizes of schemes. The NGOs and the CBOs will be involved in social mobilization and participatory process activities according to the requirements of implementing agencies. They will also render assistance in respect of assessment of negative impacts to PAPs and identifying mitigation measures. Similarly, the private sector will also have its specific roles in all stages of scheme cycle. At the initial stage, WMOs will be nurtured by its implementing agency with assistance from other public sector agencies like the Department of Cooperatives and Bangladesh Rural Development Board with active participation from NGOs / CBOs. In furthering the objectives of WMO, cooperation and support of other relevant public agencies will also be sought.
4.1.2..6
Beneficiary Contribution and Local Resource Mobilization
Except for collecting water rate15 from irrigation projects and sharing a part of the investment or O&M cost in certain projects, the Guidelines did not suggest any additional measures.
4.1.2..7
Capacity Development
GPWM envisages capacity development of all the partners involved in integrated water resources management including even the private sector connected with different service delivery. The Guidelines has also identified a number of areas where orientation or training courses need to be organized for capacity development.
4.2
Survey Design
Having narrated the context of survey design, the stage is now set for undertaking the task of design proper. This will consist of delineating the different types of WMOs now operating in the field, developing criteria for selecting the samples for the survey and compiling a checklist against which real data will be collected from the field for comparative analysis.
4.2.1
Design Assumptions
The survey design is based on three fundamental assumptions. Firstly, it is assumed that the imperative of integrated water management is accepted by all the stakeholders in the water sector. What it implies in terms of developing the natural and human systems has been adequately analyzed in the relevant chapter of this report. The ramifications of all these will have a bearing on the design. Secondly, following from the first assumption it is further assumed that there is general acceptance of the fact that narrowly conceived WMOs for dealing with flood control, drainage and irrigation only are not sustainable. WMO is now a broad-based organization looking after the interests of all stakeholders in water. Thirdly, WMO has to gain a legal status and for that reason it cannot be an informal organization. Since the ownership of the projects, old or new, would belong to either the BWDB or local government institutions, their management transfer would involve some kind of legal transaction. In order to enable the water agencies to enter into any kind of understanding with these WMOs, they must have a legal character for entering
15
Service charge in place of water rate has been introduced for collecting part of the cost of irrigation under The Imposition, Collection and Use of Service Charge Rules, 2003.
into suitable contracts. The survey design proceeds on the assumption that these three issues are settled and provide the point of departure for the study.
4.2.2 Types of WMOs WMOs may be divided into two broad types: (1) WMO built around the Comilla model and (2) WMO following other concepts. WMOs in the first category vastly outnumber those in the other category on account of specific government policy on irrigation development in the country. In the initial years of the green revolution, it was the government policy to expand irrigation coverage quickly through highly subsidized public sector programs. The BADC and the BWDB spearheaded this movement respectively for groundwater and surface water irrigation. Comilla type WMO was the principal institutional mechanism through which the expansion program was implemented. In 1967, the BWDB started the process by setting up two-tier WMOs in two of its projects, namely, the Ganges-Kobadak Project and the North Bangladesh Tube well Project. It was, however, the BADC program that spread the WMOs all over the country. Tube wells are easy and quick to install compared to developing a surface water system. Moreover, the BADC was given the task of procuring and distributing other agricultural inputs, such as, fertilizers, seeds, and pesticides. The Corporation had a virtual monopoly over the four input markets, even though it had to conform to the pricing and related policies formulated by the government from time to time. The share of tube well irrigation is 92% of total irrigation coverage. The relative share of the two agencies as to the number of WMOs will correspond to the above figures. There are two subsequent developments that have a bearing on the development of different types of WMOs. The first event of significance is the process of privatization of the BADC tube well program. By the middle of the 1970s, it was evident that excessive bureaucratic control engendered many problems leading to corruption, wastage, duplication, misallocation of resources and farmer apathy to accept the goods and services due to their low quality but relatively higher costs. At the beginning of the 1980s, Government not only decided to privatize the procurement and distribution of irrigation equipment but also to sell off the BADC-owned tube wells to their users, mostly WMOs. In this process, the BADC handed over 9,520 DTWs, 36,733 STWs, 4348 LLPs and 273,000 hand-operated pumps to cooperatives and individuals16. However, BADC did not relinquish its entire stock of DTWs. It retained a few thousands covered under different area development projects and has since been enhancing its portfolio under different development schemes. As of September, 2005, the Corporation has been operating a DTW program of 9099 equipments on a rental system through cooperatives. Of the privatized DTWs, 6768 were sold to Comilla type cooperatives and most of these are now operating in the field. The other 2752 DTWs were sold to private individuals and most of them are expected to be running in the field. The other significant event is the entry of the LGED in the small scale water sector in a big way. Under the SSWRDSP, the LGED has been establishing a one-tier WMA for all its subprojects. It will be seen that both BWDB and LGED are following the concept of the Comilla model but the structural composition of their WMOs differs significantly in many respects from the original structure. While the LGED is developing a one-tier system, the BWDB has followed a three-tier model in all its recent projects. None has so far conformed either to the pure Comilla model or the model suggested by the GPWM. In addition to the registered WMOs, there are some unregistered ones also. These are the pump groups sponsored by the BADC and WATSAN committees set up by the Department of Public Health Engineering as part of its rural water supply program. The BADC pump groups remained unregistered
16
Information and data on BADC DTW program have been collected by the Study Team from BADC. The Corporation has since surveyed the current status of the minor irrigation sector and the survey report is being published.
largely by default while the WATSAN committees are so by conscious design. And finally, there are the informal WMOs that emerge on the scene in response to some crisis. These are mentioned in some sociological studies17, but there is no systematic documentation about their operation in the country. Due to introduction of a monitoring system of the development of WMOs by the BWDB and the LGED, latest figures on both WMO formation and registration are available. These are presented in the Table below:
Table 5: Formation and Registration of WMOs by BWDB and LGED (As of 30.9.2005)
Agency Number of Schemes Covered 104 382 486 Formation of WMO WMG 7167 0 7167 WMA 164 458 622 WMF 8 0 8 7339 458 7797 Total Registration of WMO WMG 1730 0 1730 WMA 56 414 470 WMF 0 0 0 1786 414 2200 Total
BWDB LGED Total
Source: BWDB and LGED It may be seen from the above Table that while BWDB is focusing on the formation of the WMGs as the primary unit of WMO, LGED is content with only one level and designating it as WMA. The trend of formalization of WMO by LGED indicates that it has no plan to go for the three-tier system as recommended in GPWM. The difference in approach between the two agencies might reflect the different types of schemes being handled by them. While LGED is dealing with small schemes having a command of 1000 ha or less, BWDB is looking after very large systems, a few of them having a command of more than 50,000 ha. The implication of scheme size to levels of WMOs will need to be closely reviewed.
4.2.3
Criteria for Sample Selection
According to figures quoted in the sub-section 4.2.2, there are 14,567 Comilla type WMOs. Only a very small fraction of this number can be surveyed during the time available at the disposal of Team. In selecting the samples, the following four criteria will be considered: a) Samples will be taken from all hydrological regions. As mentioned in Chapter 2, harmonization of the natural system is a condition for successful integrated water management. Planned interventions must be consistent with the needs of the hydrological regime. Otherwise the intervention will fail and so will the WMO. The NWMP has divided the entire country into eight hydrological regions as follows:
17
From newspaper reports and anecdotal evidence, the Study Team is aware that many informal groups work in this country to meet crisis situations where help from the formal sector is not available. Such groups are temporary in nature but there are some that come into operation every season to confront a recurring contingency. A number of such informal group activities on water management are reported in Jennifer E. Duyne, Local Initiatives for Sustainable Water Resource Management Volume VI. 1998. Dhaka: University Press Limited.
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Table 6: Hydrological Regions and Administrative Districts Covered

Name of the Hydrological Regions South West South Central South East North West North Central North East Eastern Hills Main Rivers and Estuaries Administrative Districts Covered Greater districts of Khulna, Jessore, Kushtia and the districts of Rajbari, Gopalganj and Pirojpur Greater district of Barisal and the districts of Faridpur, Madaripur, Shariatpur and Bhola Greater districts of Comilla and Noakhali Greater districts of Rajshahi, Rangpur, Dinajpur, Bogra and Pabna Greater districts of Dhaka and Tangail and the district of Mymensingh, Sherpur, Jamalpur and Kishoreganj Greater district of Sylhet and Netrokona Greater Chittagong and Chittagong Hill Tracts Active floodplain and char lands in the main rivers and estuaries
Source: National Water Management Plan: Main Report, Volume 2. Our sample selection should be such that all regions are represented. At least five WMOs will be selected from each region. b) Samples will cover all types of schemes. Both BWDB and LGED have implemented different types of schemes as follows: Table 7: Types of Schemes executed by BWDB and LGED ( as of 30.9.2005 ) Types of Schemes BWDB LGED
Flood Control and Drainage ( FCD ) Flood Control, Drainage and Irrigation (FCDI) Flood Control ( FC ) Drainage (DR) Water Conservation ( WC ) Irrigation ( CAD ) Drainage and Water Conservation ( DR& WC) Drainage and Irrigation ( DR& I ) 6 81 4 3 0 10 0 0 155 33 16 55 75 14 45 5
Source: BWDB and LGED Selected sample would cover all types of schemes. These will be represented proportionately according to their numbers. c) While majority samples would be drawn from completed schemes, a few schemes under process of formation would also be sampled. This is needed to ascertain if any improvements are occurring in the process of formation of the WMO under Phase II of the SSWRDSP in the light of experience gained in the Phase I of the project. d) Along with successful WMOs, failed ones will also be sampled. There is always a danger of learning by good example. Any attempt at making generalizations about the success of a scheme by studying only the successful ones falls into the classical statistical trap of selection bias--- that is, of relying on samples that are not representative of the whole population under study. The theoretically correct way to discover what makes a WMO
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successful is to look at both successful and failed WMOs. Only then will it be possible to correctly identify the qualities that separate successes from the failures. In the same region and for the same type of scheme, at least one failed WMO will be surveyed.
In consideration of the above criteria, the following survey program is drawn up: Table 8: Proposed program for survey of WMO
Number of Rounds Round 1 Hydrological Regions to be covered South West and South Central Scheme WMOs to be surveyed Responsibility of WMO Selection and Finalization BWDB, LGED and BADC will make preliminary selection of the WMOs by following the criteria of sample selection mentioned in sub-section 4.2.3. This will be finalized by the Study Team after review with the agencies.
2 BWDB WMO under Faridpur O&M Circle 2 LGED WMO in greater Faridpur 1 BADC WMO in greater Faridpur 1Privatized DTW WMO in greater Faridpur 2 WMOs of KJDRP 2 LGED WMO in Khulna Division 1 BADC WMO in Khulna Division 1 Privatized DTW WMO in Khulna Division 2 WMO in Chandpur Irrigation Project 2 LGED WMO in greater Comilla 1 BADC WMO in greater Comilla 1 Privatized DTW WMO in greater Comilla 2 WMO of Char Development and Settlement Project 2 LGED WMO in Noakhali 1 BADC WMO in Noakhali 1 Privatized WMO in Noakhali 2 WMO of Compartmentalization Pilot Project, Tangail 2 LGED WMO in Tangail 1 BADC WMO in Tangail 1 Privatized WMO in Tangail 2 WMO of Pabna Irrigation Project 2 LGED WMO in Rajshahi Div 1 BADC WMO in Rajshahi Div 1 Privatized WMO in Rajshahi Div 2 WMO of Monu Project 2 LGED WMO in Moulvibazar / Habiganj 1 BADC WMO in Moulvibazar / Habiganj 1 Privatized WMO in Moulvibazar / Habiganj 2 WMO of Karnaphuli Irrigation Project 2 LGED WMO in Chittagong district 1 BADC WMO in Chittagong district 1 Privatized WMO in Chittagong district
Round 2
South East and R&E
Round 3
North West and North Central
Round 4
North East and Eastern Hills
Survey would be conducted by collecting information on the basis of a structured questionnaire and by examining relevant records in support of the statements made to the Team. The questionnaire prepared
for this purpose is appended as Annex 2. Additionally, local level officials of the BWDB, LGED and Cooperative Department will also be interviewed by the Team to collect information on institutional arrangements for carrying out the various jobs assigned to them and the staff and logistics available to them for this purpose. The points for discussion have been complied and are presented in Annex 3.
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SURVEY FINDINGS AND OPTIONS ANALYSIS

As indicated in the previous chapter, a survey of WMOs was conducted on the basis of a structured questionnaire (Annex 2) and by examining, wherever possible, the relevant records in support of the statements made to the Study Team. The local level officials of BWDB, LGED, DOC and BADC were also interviewed to elicit their views on the basis of pre-fixed points for discussion (Annex 3). Additionally, a series of consultations were held with senior management of BWDB, LGED and DOC both prior to and after the field survey.
5.1
WMO: A Study in Contrast

A total of 52 WMOs were covered in the survey. This included cooperative groups (WMA) of LGED under SSWRDSP I & II, cooperative groups (WMG & WMA) of BWDB under PIRDP, MDIP and GK project and informal groups (WMG, WMA &WMF) of BWDB under CPP, CDSP and PIRDP. The survey also included 4 informal groups of BADC, but these were not found particularly relevant to the subject under study and have not been discussed. Particulars of surveyed WMOs are given in Table 9 below:
Table 9: Types of WMOs surveyed by the Study Team

Sponsoring Organization WMG Formal LGED BWDB: GK PRIDP MDIP CDSP CPP BADC Total 1 4 10 -------------15 ------9 3 -----12 ----1 2 3 -----4 19 ---------------3 1 ---4 ------------------------------1 ---1 -------2 2 7 13 13 4 4 52 ---Informal -----Type of WMO WMA Formal 9 Informal ----WMF Formal -----Informal -----9 Total
The WMOs, conceptually, are intended to meet specific needs and are expected to develop following the blueprint devised by concerned authorities. However, things do not happen as intended: the institutional context, time, circumstances and opportunities for the creation of the WMOs have varied between organizations and from scheme to scheme that seem to have heavily influenced their chances of success. The WMOs studied have vividly revealed the contrasts in the processes of their development undertaken by LGED and BWDB at different times. The contrast is significant to the extent it informs the policy makers the conditions under which WMOs may sustain themselves, triggering suitable remedial action for the non-performing ones. With that aim in view, we will first analyze the survey findings on the institutional development of the WMOs under the sponsorship of the LGED.
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5.1.1
LGED WMOs
A total of 9 WMOs of LGED were surveyed by the Study Team. These include 7 under SSWRDSP I and 2 under SSWRDSP II. The sub projects are located in Rajbari, Chuadanga, Jessore, Serajganj, Bogra, Manikganj and Dhaka districts. The sub projects on which these WMOs are based are mainly FCD, WC, DR and CAD schemes. 5.1.1..1 The Process of Institution Building
The drive for setting up WMOs emanated from the imperatives of instituting participatory and local level management of water resources. The process involves the active cooperation of many existing institutions and individuals. In this regard, existing institutions could be both an obstacle to and an opportunity for development. Institutions can be turned into great facilitators of integrated and collaborative action if the norms, rules and behavior pattern for collaboration for a given constellation of institutions are identified in a transparent and participatory manner. For this to happen, all concerned partners must have a clear understanding of the objectives of the proposed initiative and their respective duties and obligations for achieving common goals. The strategic aim is to obtain consensus, not compromise, so that all concerned partners are enthusiastic about the work that lies ahead. It is a process whose moving forces are the growth of consciousness, group identity, solidarity and motivation. 1. Partnership Development The initiative for implementation of a sub project and formation of a WMO generally comes from LGED/Project officials. Typically, LGED/Project officials approach the particular community with the offer to implement a sub project provided the community agrees to form a cooperative organization and fulfills other conditions, including raising of the O&M fund. The sub project proposal has to be initiated formally by the Union Parishad and approved by the Thana Development Coordination Committee (TDCC). A set of 12 conditions have to be met by the WMO before an Implementation Agreement can be signed between LGED and the WMO. These conditions are annexed at Annex 4. People seem to agree to this arrangement to solve an existing water management problem or to get benefit from the proposed sub project. This situation started changing during phase II with initiatives coming from the community or the LGI which approaches LGED to implement a particular sub project. The interaction between LGED officials and the scheme beneficiaries sets the process of partnership development in motion. The 12 conditions clearly spell out the obligations the beneficiaries will have to discharge should they decide to accept a scheme. Implementation Agreement, in its turn, underlines the responsibilities of the LGED in the future upkeep of the scheme. There is thus a clear understanding between the parties prior to commencement of any physical work. There is hardly any scope for any confusion. 2. Support from Sponsoring Organization Initiating the process of partnership development is the most crucial as well as the most challenging part of the WMO institution building process. This is also a new kind of work with which LGED, being an engineering organization, was not expected to be familiar. There was a risk that institution building work may not get the required attention of the top management and necessary staff with appropriate skill mix. Luckily for the WMO component, none of this happened. LGED laid out elaborate organizational arrangements for carrying out the difficult social engineering work. New positions of Sociologists and Community Organizers (CO) at the rate of one for every district and thana respectively were created initially under the development budget. These positions have now
been permanently transferred to the revenue establishment. At the grass root level, these officials are assisted by a team of local consultants deployed at the rate of one for each scheme. In SSWRDSP I, this process of partnership development was rushed through to meet project targets but the adverse effects of this were overcome largely by heavy work of facilitation done by local consultants and the concerned LGED officials. These officials work under the direct supervision of the engineers posted at the district and thana levels. However, the engineering staff does not unnecessarily meddle in WMO affairs and the concerned non-engineering staff has relative freedom in doing their work. The organizational hierarchy, so far as it relates to WMO affairs, looks like the following:
Chart 1: LGED Hierarchy for WMO Affairs

Headquarters Chief Engineer Additional Chief Engineer ( Planning) Superintending Engineer (IWRM)
District
1x Executive Engineer 2X Sub-divisional Engineer 1x Sociologist
Thana
1x Thana Engineer 3x Sub-Assistant Engineer 1x Community Organizer
WMO 1x Facilitator
A principal reason for the relative success of the LGED WMOs was the support they received from the entire hierarchy of the sponsor organization from the head office down the lowest local level. 3. Ensuring Mutual Benefits People or organizations will come together for collaborative action only when they will find some incentives to do so. Perceived mutual benefits are the bonds that will bind the individuals or organizations together on a long term basis. Some of the benefits could be material gains in terms of access to resources, services or markets, productivity increase, security from various shocks and threats, increased income or such other things that are valued by the members of the partner organization that improve the livelihoods conditions and quality of life of the people. Another motivation could be empowerment that motivates the poor, particularly women, to become more active in initiating interventions that help them overcome poverty. The process of constructing group identity, improving economies-of-scale, strengthening collective bargaining power, acquiring new skills and upgrading knowledge base progressively builds economic and social power. And finally, benefit could be seen by participants as achieving results that are problematic through isolated action
due to either non-cooperation or, sometimes, outright hostility of other organizations. Increased enrollment of new members in the LGED WMOs, as noted by the Study Team, clearly indicates the presence of mutuality of interests among the partner organizations which is an important precondition of their sustainability. The significant increase in the membership of WMOs from initial formation to the present may be seen in Table 10. Table 10: Membership position of LGED WMOs between original formation and present day ( As of December, 2005)
Original 1 2 3 4 5 6 7 8 9 Bara Nurpur WMCA, Rajbari Brajamul Bhitikhal WMCA, Pangsha, Nabaganga WMCA, Chuadanga Ichali WMCA, Kotwali, Jessore Barhar WMCA, Serajganj Harisona Kundial Tarash , Serajganj Mirzapur Bogra WMCA, Ullahpara, WMCA, Sherpur, 25 125 21 176 140 32 200 35 24 778 Present 238 749 1409 576 657 1044 510 438 323 5944 Women 110 218 914 215 206 286 138 167 127 2381 % of Women 46.22 29.1 64.86 37.32 31.35 27.39 27.05 38.12 39.31 40.05
Kashadaha WMCA, Shibalaya, Manikganj Manukhali WMCA, Dhamrai, Dhaka Total
The Table above further shows that women constitute about 40 percent of the membership of the WMOs surveyed, the range being from 27 percent to about 65 percent. The predominant occupation among WMO members is farming: about 75 percent of them are farmers. 4. Organization and management Organizations cannot operate in a vacuum: they must have structures and processes for the purpose of carrying out their activities and achieving results. Organizations to be sustainable must be run efficiently and effectively. The LGED WMOs adopted the cooperative system of organization and management and are trying their best to run them properly. All the WMOs surveyed, except one (Mirzapur), have their own offices, generally built by LGED on land provided by the WMOs. The day to day affairs of the WMO are run by the Managing Committee, principally the Chairman and the Secretary. No remuneration is paid for this. Each WMO has at least one paid employee who looks after the accounts of the WMO; some have more employees. The Study Team found that the Registers required to be maintained by the WMOs under Cooperative laws and rules were being maintained by them with a fair degree of competence. Significantly, and contrary to the Study Teams expectations, the WMOs do not consider the
maintenance of registers and records an onerous responsibility. They consider it essential for efficient and transparent operation of the WMO and are confident of their ability to meet this requirement. All the WMOs surveyed hold their Annual General Meetings and elections regularly as per law. DOC and LGED officials often attend these events as do other invitees and non members. The attendance of WMO members in AGMs is satisfactory. Shares, savings and income from commercial activities, mainly micro credit, constitute the main source of funds for WMO. All WMOs have a mandatory weekly/monthly savings requirement. Annual audit of the WMO is done regularly by the DOC. Generally the DOC officials come to the WMO offices to conduct audit. There are rare instances of records and registers having to be sent to the Thana DOC office for audit. 5. Participatory Planning and Management Instituting a regime of participatory planning and management is the rationale behind the creation of the WMO. The Study Team found that these precepts are being followed in the LGED schemes under the SSWRDSP. Consultation regarding the nature and scope of the sub project appears to have taken place between LGED officials and project beneficiaries / stakeholders prior to implementation of the sub project. The sub projects chosen are such that these do not result in too many PAPs and therefore opposition to the sub projects was not significant. There seems to have been interaction and consultation between LGED and the WMO regarding design of the sub projects. In some cases suggestions and modifications proposed by the WMOs were accommodated in the final design. It may be mentioned that one of the 12 conditions for signing an Implementation Agreement stipulates that the plan and design of the sub project must be approved by the WMO. Some WMOs participate in implementation of the sub project through the modality of the LCS. Though maintenance requirements for facilities of completed sub projects are determined jointly by the WMO and LGED at present, WMO contribution towards such maintenance is still insignificant, generally in the region of 10 percent of cost, save in exceptional cases where it may go up to 45-50 percent. Some WMO are already capable of meeting most O&M fund requirements but are not doing so. 6. Capacity Building Capacity building of all concerned people, LGED officials, consultants and WMO members has been a continuing concern of the sponsoring organization. Mention may be made of the training of the COs. Due to some organizational restructuring, a large number of Store Keepers had become redundant prior to the commencement of SSWRDSP I. These people were reassigned as COs and given extensive training on community development principles and practices. A significant aspect of LGED WMO is the heavy training input provided to office bearers and members of the WMO. Most Managing Committee members have received training on cooperative laws, rules and procedures. Members of the WMO have also received training on such areas as cooperatives, gender, sanitation, agriculture, fishery, livestock and poverty alleviation. Of particular importance is the training of women members on sanitation and hygiene that are having positive impact on rural housekeeping.
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7. Supervision and Monitoring All WMOs expressed satisfaction over the degree of supervision, monitoring and support provided by LGED. Visits by LGED engineering staff, Sociologist, CO and NGO Facilitator were reported to be frequent and productive. Some members raised their concern about the engagement of the COs in many diverse activities not related to WMO affairs. Though this is not causing any major problem at this time, it could so develop should they lose their focus on WMO. Visits by officials of other Government Departments were infrequent. Visit by DOC officials was rare except at AGM or elections. However audit by DOC was reported to be regular. 8. Suitability of Co-operative System for LGED WMOs Though the LGED WMOs are called Water Management Cooperative Associations (WMCA), their function is no longer confined to water management alone. These have evolved into multipurpose cooperative societies, with multifarious activities, micro credit being a significant activity for most. There is an apprehension among some people, particularly among BWDB officials, that diversification of WMO activities may have an adverse impact on the water management function of the WMO. The Study Team examined this aspect carefully and found this apprehension not to be correct. On the contrary, it was found that those WMOs that were thriving through diversification of their activities had more group cohesion and were also performing their water management responsibilities very well. There is no legal bar for a WMCA, as defined in Rule 3 (16) of the Co operative Societies Rules 2004, to undertake activities other than water management. Water management activities can engage WMO members for only 4 to 6 months in a year. Year round activity and interaction appears necessary to foster group cohesion and sustainability. Activities in addition to water management, particularly micro credit, provide the scope for this. Moreover, the surplus that may be generated by these other activities would help meet the O&M costs and also contribute to the socio economic development of the WMO members. The WMOs surveyed are unanimous in their view that the single tier registered cooperative association is the appropriate legal institution for the LGED WMO. They feel that the discipline, accountability and transparency ensured by observing the cooperative rules and laws are necessary for organizations like WMO which may be handling increasing amounts of funds. They consider the yearly external audit and the Annual General Meeting particularly important. Though the two term limitation on holding WMCA office was questioned by some, no major change in existing cooperative laws or rules was proposed. LGED and DOC appear to be working closely together in formation and nurturing of WMOs. The circular regarding procedure for formation of LGED WMO has been issued under joint signature of Chief Engineer LGED and Registrar DOC. This has engendered a positive attitude among the officials of both the organizations at the field level for a more harmonious and coordinated approach for the further development of the WMOs. 9. Learning from the Past The findings of the LGED WMO survey as narrated above are based on participant responses to the structured questionnaire prepared for this purpose. It is possible that this may present too positive a picture and may not depict the reality entirely. There is evidence in earlier literature that the conditions for implementing sub projects, developed towards the end of SSWRDSP I, were not always applied rigorously in SSWRDSP I. For example, in some cases WMOs were formed just before start of physical work or even after start of physical work. In the latter case, the Implementation Agreement was also, of necessity, signed after start of physical work. There are also allegations that in some cases the O&M fund was raised from sources other than project
beneficiaries. A sub project may have been undertaken based on the commitment and contribution of a few and not the community as a whole. Improper formation of a WMO is likely to affect its long term sustainability. The Study Team has noticed this in the case of the Mirzapur WMCA of Sherpur, Bogra which, though formed in 1998, does not, to this date, have an office of its own. The information provided by the WMO to the Study Team is wobbly at best. Of the 510 members on its books, less than 100 are active. On the other hand, though a WMO may have been formed properly and prospered in its earlier days, it may be facing difficulties because of its inability to cope with newly emerging externalities. The Study Team has seen this in the case of Harisona-Kandial WMCA. This was possibly once the flagship of SSWRDSP I, but because of a combination of factors like non-resident chairman, change in Union Parishad leadership and default of loans provided from external sources, it may be heading for serious problems. To LGEDs credit, it seems to recognize the problems and shortcomings of SSWRDSP I. It has tried to learn from the mistakes of SSWDRSP I and avoid those in SSWRDSP II. The insistence on strict adherence to the steps in the project development cycle in the right sequence and the rigorous application of the requirement of fulfilling 12 conditions prior to signing of the Implementation Agreement signify a recognition of taking lessons from past mistakes and adopting corrective measures to avoid them in future. 5.1.1..2 The Risk Factors
A more cautious and rigorous approach to WMCA formation and sub project implementation under SSWRDSP II may ensure the success and sustainability of SSWRDSP II, but this in itself will do nothing for the sustainability of the 280 sub projects and WMOs of SSWRDSP I. Though satisfactory overall, all these sub projects achieve their potential development outcome only partially. Sustainability is closely linked to: a) full development of the WMO with increased sense of ownership by the members; b) regular and high standard of O&M; and c) full development of the project in physical, operational and skill standards Continued monitoring and support by LGED is essential if these conditions for sustainability are to be met. Also, it is necessary to decide, on a case by case basis, what maintenance the WMOs are capable of doing and what is beyond their financial and technical capability. While the WMOs should be responsible for the former, LGED must take care of the latter. The responsibility of each needs to be spelt out clearly and each must discharge such responsibility fully in a timely manner. 5.1.2 The BWDB WMOs
A total of 39 BWDB WMOs of 5 projects were surveyed by the Study Team (Table 9). Of these, 21 are cooperative organizations and 18 are informal groups. The 21 cooperative organizations belong to the 3 FCDI projects (GK, PIRDP and MDIP) while 17 informal groups belong to the 2 FCD projects (CPP and CDSP). The WMF in FCDI projects not being registered, the WMF of PIRDP has been shown under the informal group category. BWDB generally follows the 3 tier organizational structure outlined in the GPWM with WMG at the lowest level, WMA at the mid tier and WMF at the apex. In projects where the cooperative structure is followed (PIRDP, MDIP), the WMGs and WMAs are registered as cooperatives while the WMF is not registered. In the GK project, however, the two tier (KSS- TCCA) Comilla model was followed and has still been continuing unchanged.
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5.1.2..1
Impediments to developing WMOs
Comparison between LGED and BWDB WMOs may show a startlingly contrasting picture, but comparison can be odious. As has already been mentioned, differences in terms of institutional context, time, circumstances and opportunities for the creation of the WMO will give different outcomes unless the negative factors are skillfully handled and neutralized. Evidently, BWDB did not think through these inherent impediments and come up with any pragmatic work plan to overcome them. Let us discuss some of these major impediments. 1. Difficulties of working out an Afterthought LGED is a relative new entrant in the water resources sector, having been given formal mandate for projects up to 1000 hectares only through the NWPo of 1999, although it had started implementing water schemes several years prior to acquiring this formal authority. Since its creation in 1959, the BWDB was holding sway over all water schemes, irrespective of size. By the time LGED entered the water sector, the concepts of peoples participation in project formulation and management had become a major issue. LGED, therefore, had the opportunity of developing and implementing projects incorporating the concepts of peoples participation in formulation, implementation, operation and management. WMOs were formed and agreement on their duties and responsibilities obtained prior to project implementation. Moreover, LGED sub projects are relatively small in size and generally complete in themselves. This makes it possible to have the rather simple arrangement of one single tier WMO for each sub project as the appropriate institutional arrangement. Most BWDB projects, particularly the FCDI projects, on the other hand, were implemented many years ago, when there was little talk or requirement of peoples participation. The projects are large, complex and, according to the philosophy prevailing at the time, implemented unilaterally to provide benefits and facilities to the people. Such benefits and facilities were generally provided free of charge. BWDB has not done too good a job managing its completed projects and the benefits from the projects fall far below expectations. It is now thought that the way out of this situation is for the beneficiaries to share responsibility for management of the project; hence the need for formation of WMO and imposition of Irrigation Service Charge (ISC) in FCDI projects. Beneficiary participation was sought to be introduced by BWDB as an afterthought without acquiring the necessary skills for doing such a difficult job. Formation of a WMO anew for a project that is in operation for many years is more difficult than formation of a WMO prior to project implementation. Making people pay for a service they have enjoyed for free is also difficult. The size and complexity of BWDB projects makes this task infinitely more difficult. Whereas each LGED sub project is generally complete in itself and there is one WMO for each sub project, BWDB projects may have hundreds of WMOs, each dealing with only a small part of the project and dependent on the overall project for availing the benefits of the project. The MDIP has 389 registered WMGs, 9 WMAs and a WMF. The figures for PIRDP are similar: 367 WMGs, 6 WMAs and a WMF. Apart from the difficulty of the task itself, BWDB does not have the orientation or the in house capability to manage the transition to participatory water management. And, unlike the LGED, it has not received the heavy external support in terms of consultant and NGO inputs. 2. Inept handling of Group Formation Having made the apologies for the BWDB, the Study Team is constrained to say that the survey of the BWDB WMOs reveals a dismal picture. Of the 5 projects surveyed, (GK, MDIP, PIRDP, CPP, CDSP) WMOs in 4 are either virtually non existent or in a moribund state. Only the WMOs of CDSP show some signs of life and activity.
Of the 5 BWDB projects surveyed, the 3 FCDI projects (GK, PIRDP and MDIP) were implemented unilaterally without any thought to stakeholder or beneficiary participation. Efforts to form WMO and realize water rate or service charge began many years after project completion. PIRDP and MDIP have the 3 tier structure envisaged in the GPWM. GK is different from the other two in that it is based on the 2 tier Comilla model of KSS-TCCA and has its own peculiar problems relating to default of agricultural loan. In the 2 FCD projects, CPP and CDSP, there appears to have been some stakeholder consultation prior to project implementation. The Study Team was unable to find any trace or impact of this in CPP where the WMOs are virtually non existent. A group of people, apparently representing 3 WMGs and a WMA, assembled under a tree to meet the Study Team but was unable to give any meaningful information. The BWDB officials present appeared as lost as the project beneficiaries. However, they managed to inform that, following the GPWM, they were trying to organize the beneficiaries into 140 WMGs, 15 WMAs and a WMF. They had no clear idea as to why they were doing this except that it was a GPWM requirement and seemed to believe that registration of WMOs, when formed, would be granted by the BWDB. The activities of the WMOs appear to be limited to surveillance of the embankment and operation of gates. 3. Lack of proper Organization and Management Though both PIRDP and MDIP were completed and became operational many years back, WMOs were formed during the period 1998 to 2000. The number of WMOs is huge: 389 WMGs, 9 WMAs and a WMF in MDIP and 367 WMGs, 6 WMAs a WMF in PIRDP. The 3 tier structure of the GPWM is followed with the WMG and WMA being registered cooperatives while the WMF is not registered. The bulk of the WMOs were formed in 2000, hurriedly through administrative fiat to meet the conditionality of the CAD project and a deadline. The preparation for formation of the WMOs was woefully inadequate and this is painfully evident in the non functional and non operative nature of the WMOs today. The WMOs have no office of their own, meet infrequently if at all, and have had very little in terms of institutional training. In MDIP, though the WMOs were formed in 2000, no AGM or election was ever held and the Managing Committees appointed at registration are still continuing. PIRDP WMOs claim that elections and AGMs are held regularly. This claim is of dubious validity. The responsibility for collecting the ISC is with the WMOs. Collection is only 15-25 percent of the assessment and the assessment is routinely understated by the project authorities so that their performance appears a little better than it is. 4. Inadequate Support from Sponsoring Organization Given the level of difficulty in forming viable and vibrant WMOs, there was a need for intensive facilitation by competent professionals for their creation and continued nurturing after these were formed. The institution building components of the CPP and CAD project for developing the command areas of PIRDP and MDIP were lamentably inadequate to meet this requirement. The inadequate perception of concerned people about the difficulties of institutional redevelopment of completed projects led to inappropriate project design resulting in misallocation of project resources. If understood in its true perspective, this component would not have required huge outlays as the job would have been done exclusively by local consultants. Over the years, a multiplicity of donors had supported this component routinely for every project in their portfolio. These were too thinly spread over too many projects with divergent and conflicting methodologies that failed to leave any noticeable legacy for future emulation. BWDB also did not do its bit to alleviate the situation. Though the BWDB Act, 2000 is focused on participatory water management, the organization as a whole probably has not yet understood the message. Through a process of restructuring, the Land and Water Use Directorate have been converted into Water Management Division for purposes of institutionalizing participatory water
management in BWDB projects. This physical conversion needed to be supported through reorientation of the staff of the new Division to the principles and precepts of participatory water management. The LGED also reassigned Store Keepers as COs and it made the change workable through intensive training and orientation courses. This was difficult given the fact that store keeping is so different from organizing communities. In the case of BWDB, the reassigned staff was no strangers to their new assignment: in their previous work, they were also dealing with farmers advising them on techniques of crop production under irrigated condition. If properly handled, the transition should have been smooth and the staff would have acquired the necessary skills. Unfortunately, the transition has been in change of designations only. By and large, the reassigned staff has remained totally innocent about their new roles and has not been able to contribute much. During the past two decades, the BWDB has tried to cover its staffing deficiencies for water management by hiring temporary help from outside, mainly through hiring NGOs or consultants. Unfortunately, there never have been any counterpart permanent units in the project organization who were to own and preserve the valuable and expensive outputs generated by outside help for internalization within the Board and continuous dissemination afterwards. Despite huge investments on community mobilization over these years, there is hardly any capacity building within the organization. BWDB has to build its core staff on water management that will have the capacity to assess the needs for which outside help is required, procure such help and are able to control and supervise their activities to obtain the maximum benefits out of their services. These in-house staff is also expected to maintain institutional memory by preserving the documents relevant for participatory water management. Under the BWDB Reorganization Plan of 1999, the staff of the former Directorate of Land and Water Use is set to phase out by 2007. Only 42 officer grade positions have been retained in the permanent set up for purposes of programming, monitoring and supervision of participatory water management programs. The positions were required to be suitably redesignated to convey the spirit of the restructuring. These officials are to be supported at the field level by a pool of Community Organizers. These positions are to be created afresh and, initially, are to be filled up by the Extension Overseers waiting to be phased out through attrition. For the remaining posts, fresh graduates with appropriate qualifications are to be recruited. These actions are still pending with the result that there is complete stalemate in the WMD. Chart 2 displays the stipulated WMD hierarchy that has not yet been made effective fully.
Chart 2: Stipulated WMD Hierarchy

Director General Headquarters Additional Director General ( O&M) Chief, Water Management
Circle
3X Principal Extension Officer 8X Deputy Chief Extension Officer 11X Extension Officer 19X Assistant Extension Officer
Division
Extension Overseers
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What is disappointing about PIRDP and MDIP is that successive project interventions have attempted to improve the situation, without the expected results. This is not surprising because the solutions applied paid meager attention to the most pressing problem, that of institutional development. In the CAD project, the primary focus was on the engineering and technical aspects. Though the WMOs were formed under the CAD project, this was done in a totally inappropriate manner. Another effort is now being made under the JMREMP, but its institutional development component may be too little, too late. Having reviewed the BWDB WMOs, the Study Team feels that the only ray of hope for MDIP and PIRDP lies in the effort presently being made through JMREMP. The Study Team had the opportunity to meet with a couple of WMOs that have been brought under the pilot scheme of JMREMP and was impressed with the attitude and aptitude of the WMO members. There is a sharp contrast between these WMOs and other WMOs which have not received any JMREMP input. It would be worthwhile to cover a majority, if not all, of the WMOs within as short a time as possible. 5. Mushrooming of WMOs The number of WMGs in PIRDP and MDIP, at over 350 in each, is too high. The groups are formed on the basis of turn outs that do not correspond with the social organization. However, WMGs are essentially social organizations and imposing engineering criterion dogmatically will only weaken its appeal to members. The command area varied between 40 ha to 1750 ha: this is indeed a wide range. There is a good case for consolidation and reducing the number of WMGs to a quarter or a third of the present number for their efficient and economic management. There is a minimum size of operation beyond which economy of scale can not be established. Merger of cooperative societies is permitted under the cooperative laws and rules. The decision to merge will have to be taken by the WMGs themselves, but the initiative and motivational effort will have to come from BWDB and not, as some BWDB officials seem to think, from the DOC. The latter will approve the merger if sought by the WMGs. The Study Team noted that in March 2005 the BWDB and the DOC signed an MOU agreeing to collaborate in activating the cooperatives in PIRDP and MDIP and making them sustainable organizations. Action should now be taken on the basis of the MOU. As per understanding between GOB and ADB for JMREMP, the WMOs of PIRDP and MDIP will continue to be cooperative entities. 6. Lack of Commitment of Top Management The Study Team is of the view that a critical determinant of successful and sustainable WMO is the orientation, interest and attitude of the sponsoring entity in general and of its senior management in particular. Both BWDB and LGED are essentially engineering organizations. The senior management at LGED has recognized the imperatives of peoples participation and community organization in the conception, execution and management of projects and has tried to acquire the capability to foster such peoples participation and community organization. This has been attempted through the provision of a strong T.A. team at LGED head quarters, the provision of a Sociologist at the district, a Community Organizer at the thana and NGO facilitator for each sub project/WMO. The BWDB on the other hand seems to view this more as a donor conditionality that has to be met. More often than not BWDB seems to go through the motions of meeting the requirement without any conviction, with results as in PIRDP and MDIP where hundreds of WMO were created in days, and without adequate preparation, to meet a deadline. The senior management in BWDB does not appear very interested in, or aware of, these non engineering activities.
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5.1.2..2
CDSP: Exception to the Milieu
The Study Team found life and activity in the WMOs of CDSP. This is one project where stakeholder consultation and participation took place prior to and during implementation and the impact of this is visible today. The earlier Polder and Sub Polder Committees have evolved into WMGs and WMAs. The WMOs here are informal groups, but organized according to the 3 tier structure envisaged in the GPWM. There are 53 WMGs, 7 WMAs and 2 WMFs in CDSP. The composition of the WMO and the Managing Committee is structured strictly and they are different from other BWBD WMOs. Though informal groups, CDSP WMOs operate like cooperative organizations, hold regular meetings and elections and maintain records and registers. The CDSP WMOs seek registration, or some form of official recognition, from BWDB but showed no particular interest in becoming formal cooperative societies. One reason for the relative success of the CDSP WMOs may be the external support, in the form of consultant input, that they have been receiving.
5.2
DOC as a Partner
Department of Cooperatives is the most important partner in the development and continued sustainability of the WMO. Technically, its principal role, so far as these relate to WMO affairs, is regulatory in nature. It is charged with the responsibilities of timely registration of the cooperative associations and closely monitoring their activities through inspection of their activities and regular audit of their accounts. Other responsibilities include education and training of the sponsoring agency officials, members of the cooperative associations, advisory and consultancy services and assistance in arranging finances for development work by the associations. Timely discharge of all these functions is essential for the smooth operations of the WMOs. The DOC is one of the oldest Departments of the Government. However, there has not been any recent effort at its institutional development suiting to the challenges of the times. The Department is suffering from many organizational problems that require urgent attention. These are connected with broad civil service reforms and are beyond the scope of the Terms of Reference of this study. It would be sufficient to mention that due to faulty career development plan as reflected in the hierarchical setting of the Department, there is huge turn over of experienced officials at the Joint Director level. This deprives the DOC of the services and expertise of officials for strengthening its institutional base. The other issue worthy of mention is the deployment plan of its field level officials. Like most other departments of the Government, the DOC also follows a standard staffing pattern, each Thana having two Cooperative Inspectors. However, the number of cooperatives varies greatly from Thana to Thana. There is also the question of active and dormant cooperatives, the latter being fit candidates for liquidation. The deployment of field staff of the DOC should be based on the volume of active case load. During survey of WMOs, the Study Team found that the Department was not discharging its duties as required. Had it done so, it would have cleared off many non-functional and dead cooperatives. This campaign could start with many BWDB projects littered with such dead cooperatives. The Study Team also found the interaction between the WMOs and the DOC officials at the field level confined to annual audit only. We expected them to inspect these societies at frequent intervals to ensure necessary control and supervision. The main reason hampering the DOC officials in discharging their duties more efficiently and at regular intervals were lack of logistics. In neither phase of SSWRDSP, the issue of project support to the DOC was considered by project authorities. This was a notable omission and may be rectified for the remaining period of SSWRDSP II by making suitable provisions for transport, TA/DA and training for the DOC officials through exchange of letters between the Local Government Division and the ADB.
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5.3
Options Analysis
Prior to undertaking the WMO survey, it was hypothesized in Chapter I that the WMO survey may yield the following options:
I. LGED and BWDB will have similar institutional arrangements for participatory water management and the existing legal framework provided under the Cooperative law and rules will be considered appropriate for the establishment and operation of the WMOs sponsored by both the agencies. In this scenario, no major legal changes will be required except for some minor procedural changes in the light of experience gained in running them. II. LGED and BWDB will have different institutional arrangements for participatory water management. LGED will prefer to continue with the existing legal framework provided by the Cooperative law and rules for registration and operation of the WMOs. BWDB would like to discontinue with the current practice of using the cooperative framework and would set up its own procedures for dealing with the WMOs by framing rules under the BWDB Act, 2000. This involves completion of two types of legal action by BWDB. Firstly, it shall have to liquidate the existing cooperatives by following the procedures detailed in the Cooperative Rules and, secondly, draft and notify rules for registration and operations of WMOs under its control. III. While leaving LGED within the framework of the cooperative law, this option considers a dual system for BWDB: for the FCDI projects, WMOs would be created and operated under the Cooperative Law while for FCD projects, WMOs will be registered with the BWDB itself under rules as envisaged in option II. This option would also involve similar legal action as mentioned for option II.
The survey findings are so definitive in favor of option III that there is hardly any need for an options analysis. The evidence gathered point to a slightly modified version of option III as the most suitable option for institutionalizing WMOs in the two agencies under study. The broad institutional and legal arrangements for development and operation of the WMOs for LGED and BWDB may be stated as under:
A. Large, medium and small scale water projects differ significantly from one another in terms of their nature, scope, size and complexity. It is not at all practicable to have similar institutional and legal arrangements for WMOs belonging to different types of projects. Therefore, LGED and BWDB will have, within the broad framework of IWRM, different institutional and legal arrangements for the WMOs of their respective projects. B. The implications of the above disposition for immediate follow up would be (a) to find out suitable mechanisms to integrate the small scale water projects with the larger system pursuant to the imperatives of IWRM and (b) to identifying and proposing suitable legal changes to give effect to the proposed alternative arrangements.
These and other issues are discussed in the concluding Chapter.
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CONCLUSIONS AND RECOMMENDATIONS

Based on the analysis of the data collected from the WMO survey, review of the literature and views obtained from the various stakeholders, the Study Team recommends a slightly modified version of Option III, as broadly outlined in the previous Chapter, to be the most suitable one for the development and operation of the WMOs. This and other recommendations of the Study Team are discussed separately for LGED and BWDB. This discussion is followed by an indicative action plan for implementing the recommendations by the concerned authorities.
Recommendations relating to LGED

These are the conclusions and recommendations of the Study Team with regard to LGED WMOs:
1. The single tier cooperative organization at the level of WMA is the appropriate one for LGED WMOs. 2. The LGED system of one WMO per sub project is appropriate. However, in large sub projects the feasibility of administering particular areas through informal sub groups or sub committees of the WMO may be considered. 3. The SSWRDSP II WMOs have been formed following a rigorous application of the set preconditions. This was not largely the case in SSWRDSP I. The SSWDRSP II WMOs have a better chance of being successful and sustainable but both these and SSWRDSP I WMOs need to reach to the full their potential development outcome. LGED needs to continue monitoring and support of the WMOs till they achieve: (i) (ii) (iii) full development of the WMOs with increased sense of ownership by all members; regular and high standards of O&M; and full development of the sub project in physical, operational and skill standards
4. The conditions for forming WMOs should be followed and applied rigorously for the remaining WMOs under SSWRDSP II. 5. Water management activities engage the WMO members for only a few months in a year. This is not conducive to group cohesion and sustainability for which year round activity and interaction appear helpful. The effort to make WMOs multipurpose organizations with activities other than water management, particularly micro credit, should continue. 6. It was seen in one case that micro credit operations were conducted smoothly so long as the WMO used its own resources for it. However, default occurred when external funds were introduced. The induction of such external funds, if necessary at all, should be done with great care. 7. Training of WMO members and LGED staff, relevant to their particular work, should continue. 8. The present LGED set up for WMOs, with a unit at headquarters, a Sociologist at the district, a CO at the thana and NGO facilitator at the WMO level appears appropriate. COs have been assigned to thanas through absorption and redesignation of LGED Store keepers. There is some question about the aptitude of these C.Os for the job they are required to perform now. Some training has been imparted to the C.Os. Further training may be necessary where training and aptitude gaps exist. The COs are to be developed fully as counterpart to the NGO Facilitator to assume their role after they are phased out on completion of the project.
9. The Implementation and Hand over Agreements between LGED and WMO spell out the role and responsibility of each regarding operation and maintenance of the sub project. It is imperative that each discharges its responsibility to the full and in a timely manner. 10. The GPWM envisages transfer of ownership of projects up to 1000 hectares to LGIs whereas LGED is handing over projects to WMOs. There may be an anomaly in this. The Implementation Arrangement for SSWRDSP II stipulates that formal ownership transfer arrangements of completed and properly functioning schemes has to be formulated by GOB and no formal ownership transfer will take place till that is done. Ownership transfer does not appear feasible at the present time and only management transfer may be considered. 11. The LGED sub projects are generally separate and complete in themselves. There will, however, be some small scale systems located inside medium and large systems operated by BWDB. In such cases the question of integration of small scale systems with the larger systems will arise. BWDB and LGED should come to an understanding to handle such situations. The Study Team is aware that a draft for an MOU is currently under consideration. The Study Team has examined this draft and a slightly modified version is attached as Annex 5. 12. The DOC is an important partner in the development of a decentralized participatory water management system. They are intimately connected with the formation and operation of the WMOs from their inception and remain involved for the entire life of these organizations. However, they are severely constrained in their monitoring and supervision work due to lack of proper logistics. In neither phase of SSWRDSP, the issue of project support to the DOC was considered by project authorities. This was a notable omission and may be rectified for the remaining period of SSWRDSP II by making suitable provisions for transport, TA/DA and training for the DOC officials through exchange of letters between the Local Government Division and the ADB. 13. The WMO members interviewed by the Study Team appear comfortable with the cooperative laws and rules and do not seek any change. The LGED management did suggest some minor amendments but the Study Team does not consider these particularly necessary. No amendment of cooperative laws or rules is therefore proposed. However, should any great difficulty emerge in future, it can be taken care of under provisions of the Cooperative Societies Act 2001. Under Section 4A of the Act the Government can exempt any cooperative society or class of societies from any or all provisions of the Act or Rules framed thereunder, conditionally or unconditionally. Given the present healthy relationship between DOC and LGED, it may not be too difficult to obtain such exemption should that be necessary.
Recommendations relating to BWDB

The following are the conclusions and recommendations of the Study Team with regard to BWDB WMOs. 1. Given the size of BWDB projects, the necessary multiplicity of WMOs in each of them and their interdependence, the three tier structure envisaged in the GPWM appears the appropriate one for BWDB WMOs. 2. The issue of registration of the WMOs would depend on the type of project for which these are being set up. In FCDI projects, the WMOs are required to collect ISC, maintain joint accounts and participate in joint management of the projects. These are large and complex systems. Joint management of public sector projects envisages some kind of legally binding understanding between the BWDB and the concerned WMOs. Considering these factors, the Study Team recommends that the WMGs and WMAs of FCDI projects be registered as cooperatives under the Cooperative Law. The FCDI WMFs may remain unregistered given its role of coordination,
supervision and guidance only. Under JMREMP, BWDB is committed to develop and strengthen the WMOs as cooperative entities. To survive and thrive, these WMOs should aspire and strive to expand their activities and not remain confined to water management alone. 3. For FCD projects, the WMO organization option would be open. Whether they will form cooperatives like in the FCDI projects recommended above or would like to be WMOs registered with the BWDB will be decided by the beneficiaries themselves. In FCD projects like CPP, water management activities engage WMOs only a few months in a year and this activity is limited to surveillance of the embankment and operation of gates. Neither the WMO nor the BWDB officials appear interested in engaging the WMOs in other activities. In such situations, registered groups, and not cooperatives, would be appropriate. Such groups may be registered by BWDB by invoking the provisions under section 6(a)(l) of the BWDB Act,2000. This kind of registration will give the WMOs a loose kind of legal cover that they want but it would not give them a corporate status like the cooperative societies enjoy. This means that they would not be able to generate and handle funds, take or give loans and engage in other fiduciary activities. In this connection, our attention has been drawn to a draft of Rules under the BWDB Act titled "The Water Management Organization Rules under which BWDB WMOs are proposed to be declared as body corporate in order to give them legal status. BWDB itself is a body corporate having perpetual succession and a common seal and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted under Section 3(2) of the said Act. That being the legal position, provision for another corporate body (registered WMO) should, under no stretch of argument, be supported in the same said Act. A body corporate with the legal status as mentioned above can only be declared by principal legislation and not by subordinate or delegated legislation (collectively called Rules). In simple words, registration of BWDB WMOs cannot be done by making rules under the BWDB Act. If the BWDB is too keen to give the WMOs corporate status, it will have to take steps for amendment of the Act itself incorporating suitable provisions. The Study Team, however, does not recommend taking such steps for overburdening the organization with additional responsibilities when it has not been able to give a good account of itself in discharging its current responsibilities. 4. In projects like CDSP, collection of ISC is not involved but WMOs are active and keen to undertake activities in addition to water management. Though not formal cooperatives, the WMOs operate like cooperatives with requirements of shares, savings and maintenance of records and registers. The Study Team found that the expectation of these WMOs is that BWDB would provide them with registration and undertake all the support, supervision and monitoring that the DOC is required to provide to registered cooperatives. They are encouraged in this expectation by BWDB officials. There is a section in BWDB that aspires to become a parallel DOC for BWDB WMOs. This aspiration, however, is not shared by BWDB senior management and is unlikely to be met. It may be explained clearly to the WMOs that registration from BWDB in the form they expect would not be possible. They may then decide for themselves whether they would like to register as cooperatives or continue with authorization from BWDB for their water management activities only as recommended for CPP. 5. The number of WMGs in the FCDI projects is too high. The small size of the WMG affects their viability and the very large number makes monitoring and supervision difficult. Consolidation through merger appears necessary. The groups are formed on the basis of turn outs that do not correspond with the social organization. However, WMGs are essentially social organizations and imposing engineering criterion dogmatically will only weaken its appeal to members. In the light of experience already gained and difficulties faced in operating them, the BWDB should take urgent steps to consolidate them according to some well thought out and predetermined
criteria. It is emphasized again that merger is possible under the cooperative laws and rules but the initiatives must come from the BWDB. 6. The process of forming viable WMOs is difficult enough. Reviving moribund organizations may be much more difficult than forming new ones. Unfortunately, for BWDB WMOs it is mostly a case of reviving the moribund. BWDB does not have the in house capability to do this. The first step towards acquiring that capability is to set up the Water Management Division (WMD) fully and professionally by taking the following actions: a) Redesignate the permanent posts allocated to the WMD, as follows, to reflect the type of jobs these office holders are expected to perform : Present Designation Principal Extension Officer Deputy Chief Extension Officer Extension Officer Assistant Extension Officer Proposed Designation Zonal Chief, Water Management Deputy Chief, Water Management Community Development Officer Assistant Officer Community Development
b) After notifying the redesignation, prepare a deployment plan giving highest priority to the needs of PIRDP and MDIP on the basis of needs assessment made in the Feasibility Study of the Water Management Improvement Project (WMIP). c) Create positions of Community Organizers for all the targeted projects where revival/creation of WMOs are targeted at the rate of deployment per medium and large schemes recommended in WMIP. d) The Extension Overseers, set to be phased out through attrition, are the only front line soldiers for the WMOs. Their skill and training endowment do not appear to be such as would enable them to discharge their responsibility satisfactorily. At the same time, there is, at present, no alternative to using them. Training may be imparted to those considered trainable to improve their skill, aptitude and attitude. e) Arrange for continuing training of the entire project and headquarters back-up staff on all relevant aspects of water management organizationslegal, institutional, social, management and financial. 7. The actions suggested at para 6, if implemented successfully, would be a substantial leap forward, but it will not be enough. In-house capacity will take time to develop and in the meantime, the BWDB will need heavy doses of external assistance for a long time. An effort is being made in PIRDP and MDIP through the provision of external inputs under JMREMP. A number of WMOs of PIRDP and MDIP have been brought under a pilot program with encouraging results. This effort needs to be intensified and as many WMOs as possible covered. 8. BWDB resources for developing and institutionalizing WMOs are woefully inadequate. They should not spread this resource thinly over too many projects. The strategy would be to concentrate all its resources on PIRDP and MDIP and achieve some success. One success will bring more successes in as much as failures are also contagious. For the remaining BWDB projects, a major and concerted intervention, like that envisaged in the Water Management Improvement Project (WMIP) is necessary. 9. The role and responsibility of BWDB and the WMO with regard to operation and maintenance of the project needs to be spelt out clearly. It is imperative that each discharges its responsibility to the full and in a timely manner. The Study Team found that one reason for inactivity of the WMOs is the sorry state of project facilities and the consequent inability to deliver expected
project benefits. This is usually the result of BWDBs inability to discharge its O&M obligation, mostly for inadequate budgetary allocation. BWDB would do well to concentrate on operating and maintaining facilities already created rather than creating new facilities through new projects. 10. No effort to make the WMOs viable and sustainable will succeed without the interest, commitment and active support of the BWDB top management.
Strategy for implementing the Recommendations

The Study Team also takes the opportunity to suggest the following strategy for implementing the recommendations made in this report. These are listed as important road marks as follows: 1. Despite some fundamental changes suggested in the report, the GPWM provides the basic framework for organizing the WMOs. GPWM guidelines on stakeholders, participatory process and capacity development are still valid and need to be followed in the formation and operation of the WMOs. 2. There is no need to undertake any revision of the GPWM at this point of time. Whatever recommendations made in this Report are accepted by the respective Ministries, the concerned agencies should extract so much of the provisions from the Guidelines as are found appropriate for use in the revised methodology and circulate them for use as an interim measure. The question of revision may be taken up after the revised methodology has been allowed to run for a couple of years and sufficient information has been collected to justify such undertaking. Meantime, the reconstituted Inter Agency Task Force should be allowed to function to monitor and review the progress of issues covered under its Terms of Reference.
3. The Cooperative law provides the legal framework for the Cooperative type WMOs. A few provisions of the GPWM may not be consistent with the provisions of that law. For example, the provision of WMF as the apex unit of a project WMO is inconsistent with the provision of a Federation under the Cooperative Act. That Act provides for only two cooperatives at the project level and there can be only one Federation for all cooperatives at the national level. It is also possible that some actions taken by the agencies with regard to their cooperatives conform to neither the GPWM nor the Cooperative law. An example of this sort is the formation of a single tier cooperative for the LGED WMOs. This kind of inconsistencies need to be sorted out on a case by case basis with the DOC by taking exemptions under Section 4A of the Cooperative Societies Act, 2001 or under such other dispensation as the DOC would deem fit. It is to be noted that laws are superior instruments compared to guidelines and provisions of laws would prevail unless such inconsistencies are reconciled at appropriate time.
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Annex I: TOR for The Study
Second Small-Scale Water Resources Development Sector Project Loan No. 1831-BAN (SF)/TA No. 3683-BAN
Institutional Studies for Legal Framework of Water Management Organizations (WMOs) TOR for the Co-operative Expert
A.
Background
1. From 2001 to 2009 the Government of Bangladesh (GOB) implements the Second Small-Scale Water Resources Development Sector Project (SSWRDSP-2). The Project will rehabilitate and/or upgrade approximately 300 small-scale water control systems, called subprojects, in the whole of Bangladesh except the three districts in the Chittagong Hill Tracts. 2. The type of schemes varies depending on local geographical and hydrological conditions and includes schemes on flood control, drainage improvement, water conservation and command area development. The Project seeks to facilitate sustainable operation and maintenance (O&M) systems in each subproject with the ultimate objectives of attaining higher agricultural production, floodplain fisheries mitigation and environmental monitoring. The Project Administration Memorandum states "the overall goal of the Project is to support the Government's poverty reduction effort by increasing sustainable agricultural and fishery production. The project objective is to develop sustainable stake-holder driven, small scale water resource management systems with special attention to the poorer section of the population"18. 3. The Executing Agency of the project is the Local Government Engineering Department (LGED). The Project is financed through a loan from the Asian Development Bank (ADB) of US$34.0 million and a grant from the Government of the Netherlands (GON) of US$24.3 million to cover the Technical Assistance (TA) and part of the infrastructure costs. The Government of Bangladesh (GOB) will bear $17.3 million of the costs and the Project beneficiaries $2.4 million. 4. On July 1, 2002, the physical works under the SSWRDSP-2 was started. The GOB, ADB and GON have agreed to conduct institutional studies for legal framework for water management organizations (WMOs). The Joint Appraisal Mission of the First Small-Scale Water Resources Development Sector Project (SSWRDSP-1) examined the issue of appropriate institutional arrangement for WMOs at that time. Based on the mission report, legal framework under the cooperative law was adopted for SSWRDSP-1. Accordingly all WMOs under SSWRDSP-1 were registered under the
18
Para 1, Page 1 of Project Administration Memorandum

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Cooperative Act. The Inter Agency Taskforce19 responsible for the preparation of the Guidelines for Participatory Water Management (GPWM) proposed a three tier organizational structure comprising: water management groups (WMG) at the lowest level, water management associations (WMA) at the mid-tier and water management federations (WMF) at the apex. The combination of groups, associations and federations at a particular project, sub-project or scheme are together known as its Water Management Organization (WMO). Registration is not compulsory for WMGs and WMFs, but is compulsory for WMAs. 5. The Task Force recommended that the registration of WMO will be done within the framework of the Cooperative Societies Act, 2002 and the Cooperative Societies Rules, 2004 as amended from time to time. This system of registration will prevail till such time the government will frame separate rules for registration of the WMO for participatory water management."20 6. The loan covenant of the SSWRDSP-2 states: "within six months of the effective date, the Interagency Task Force on Guidelines for Participatory Water Management (GPWM) including the Water Resources Planning Organization, will have established terms of reference satisfactory to ADB to examine the identification of alternative management organizations, the need for enabling legal provisions for viable alternative WMOs, and the feasibility of a pilot testing alternative WMOs." In the meantime, BWDB has also applied, following the GPWM, the cooperatives framework in its water sector schemes including Pabna Irrigation and Rural Development (PIRDP) and Meghna Dhonagoda Irrigation Project (MIDP) under Command Area Development Project, and Khulna-Jessore Drainage Rehabilitation Project (KJDRP), among others. The review of WMO performance under the cooperatives framework and identification of specific measures for improved performance is also timely for the BWDB's ongoing and forthcoming water management interventions including those assisted by external funding agencies.
7. B. Objectives and Scope of the Studies
8. The main objectives of the institutional studies are as follows: (i) To assess appropriate institutional framework and options for WMOs in effectively attaining project objective, i.e. to develop stake-holder driven small-scale, mediumscale and larger water resource management systems with sustainable O&M of water resource management systems thereby improving agriculture, fishery and livestock production, and people's livelihood; and To make an inventory and analysis of other experiences within Bangladesh relevant to participatory water management
(ii)
19
The Inter Agency Task Force constituted by the Government in May 1999 for formulating the "Guidelines for Participatory Water Management" Sections 5.3, Page 23-24, Guidelines for Participatory Water Management
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9. For this purpose, the study will assess the performance of existing WMOs including the cooperatives WMOs formed under SSWRDSP (WMCAs) as well as those formed under selected BWDB schemes with three-tier structure, and any other types of existing WMOs (e.g., informal/ unregistered WMOs) as appropriate. On the basis of the findings, the study will then assess specific institutional measures to improve their performance, including the improvement of existing legal framework, and preparation/ adoption of alternative framework, which may include specific new legislation for WMOs.
Implementation Arrangements
The study will be implemented within a period of 3 months, engaging the services of an Institutional Specialist/Team Leader and a Cooperative Specialist for 3 person months each and a legal specialist for 1 person month. The person month of the legal expert will be used intermittently over the TA project period to be determined by the Team Leader. The members of the team are expected to collect data by extensive field visits to places where the WMOs have already been formed. During the study period, ADB and RNE will jointly monitor the progress.
10. C. Schedule and Outputs
11. Schedule: The institutional studies will take place during 1 October till 31 December 2005. 12. Outputs: The studies output should include three reports: Inception Report Draft Final Report Final Report
13. The Draft Final Report should be reviewed and finalized at a national workshop. On completion of their assignment the consultants will deliver 30 copies of their report, in English, with their findings.
E. TOR for Co-operative Expert
14. The expert will assist the Team Leader in preparing all the studies output mentioned at paragraph 12 above. Within that general direction, the specific tasks of the consultant will be as follows: (i) Review the following documents as a preparation for an assessment of various organizational options for the WMOs: 1) ADB. SSWRDSP: Joint Appraisal Report. Appendix 3: Legal Framework for Water Management Associations. (1994) 2) Options Study Report prepared by D.C.Stickly under a TA for Khulna-Jessore Drainage Rehabilitation Project (1995) and documents referred to in that report 3) Clarence Maloney. Water Sector Improvement Project: Institutional and Social Aspects. Attachment 2. ( 1998)
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4) BWDB and WARPO. Annex D-Institutional Development Compartmentalization Pilot Project, Tangail. Final Report (No date ) 5) BWDB. KJDRP: Component A: Beneficiary Participation. (No date).
in
6) BUET and BIDS. External Evaluation of SSWRDSI-1. Final Report (June 2003) 7) The Cooperative Societies Act,2002 and the Cooperative Societies Rules, 2004 8) Ministry of Water Management. (2001) Resources. Guidelines for Participatory Water
9) Ministry of Water Resources. National Water Policy (1999) 10) Ministry of Water Resources. National Water Management Plan. Draft Development Strategy. Annex F (Social Analysis ) (August, 2000) 11) Cranfield University. Sustainable Groundwater Irrigation Technology Management within and between Public and Private Sectors,1979-1999. Vol 1 12) Anjan k. Datta. Planning and Management of Water Resources: Lessons from two decades of Early Implementation Project. Dhaka: The University Press Limited, 1999. 13) John Soussan, Anjan Datta and Premchandra Wattage. Community Partnership for Sustainable Water Management of the BWDB Systems Rehabilitation Project. Six Volumes. Dhaka : The University Press Limited,1998. 14) ATM Shamsul Huda. Institutional Arrangements for ICZM: Models of Good Practice. Dhaka : PDO,ICZM,2004. 15) Other documents as would be considered necessary in the course of the assignment for producing quality output. (ii) Assist the team in preparing a study inception report while refining and finalizing the study TOR in consultation with the concerned organizations and stakeholders;
(iii)On the basis of literature review, visit a sample of the different types of WMOs created at different times and under different circumstances for a thorough institutional analysis of their organizational dynamics. The WMOs are broadly divided under two categories: formal and informal. Formal WMOs are legal entities and are registered under existing legal provisions while the informal ones are not registered and can neither sue nor be sued. This analysis must include a sample of each of the following types, though it need not necessarily be limited to the types mentioned: a) Formal WMOs ,such as, the (i)Krisak Samabaya Samities (KSSs) created under the Integrated Rural Development Program (IRDP) within the framework of the co-operative laws in the 1970s and 1980s and extensively used by the BWDB in its North Bangladesh Tubewell Project ( since handed
over to the Barind Multipurpose Authority) and the Ganges- Kobadak Irrigation project, (ii) WMOs under the co-operative laws established with a three-tier structure in such large irrigation projects of the BWDB as the Pabna Irrigation and Rural Development Project, Meghna Dhonagoda Irrigation Project and the Khulna-Jessore Drainage Rehabilitation Project,and (iii) WMOs established under the co-operative laws for the schemes under SSWRDSP, being executed by the LGED b) Informal WMOs that are thousands in number and are mostly connected with minor irrigation. (iv) The scope of analysis will cover, among others, the following issues: a) What roles are envisaged for each type of the WMOs at the time of its creation? Is there any scope to expand its role for dissemination of new information and technology, social mobilization, legal protection or market access and information? b) What is the incentive structure in the performance of its assigned duties and responsibilities? c) What are the organizational arrangements and support system created to enable the WMO to perform its duties? d) Does the sponsoring organization have any obligation towards the WMO and if it does, is it discharging its responsibilities as equally as its partner? e) Is the WMO performing as stipulated? This question will have to be probed with reference to the organizational structure and process, management and activities of the WMOs under survey. f) If it is not performing, what are the reasons- organizational, institutional, legal, economic, social or others? (v) (vi) (vii) Examine whether separate institutional setup will be needed for small, medium and large systems; Review the status of small scale systems located inside medium and large systems and recommend suitable institutional setup; Assess the performance and potential of both registered and unregistered WMOs as indicated respectively in Fig 4 and sections 5.4 and 5.5 of GPWM and suggest measures that can be taken within the existing framework and/or require further revision/modification of the existing framework.
(viii) Any other issue that the expert may find of relevance to the study.
E.
TOR of Legal Expert
15. The expert will assist the other team members towards an appreciation of legal issues
involved in the structure and processes of the organization and operation of the WMOs and on the basis of the findings of the other two experts develop a legal framework for the future operation of the WMOs. Depending on the outcome of the findings, the legal expert may be
required to draft necessary amendments to the existing laws/rules/bylaws or draft a new one. Within that general direction, the specific tasks of the consultant will be as follows: (i) Review the following documents as a preparation for an assessment of various legal options for the WMOs: (1) ADB. SSWRDSP: Joint Appraisal Report. Appendix 3: Legal Framework for Water Management Associations. (1994) (2) BUET and BIDS. External Evaluation of SSWRDSI-1. Final Report (June 2003) (3) The Cooperative Societies Act, 2002 and the Cooperative Societies Rules, 2004 (4) Ministry of Water Resources, National Water Policy (1999) (5) Ministry of Water Resources. Guidelines for Participatory Water Management. (6) Other documents as would be considered necessary in the course of the assignment for producing quality output. (ii) (iii) Review and analyze the duties and responsibilities accorded to the selected types of WMOs including their legal/ regulatory basis; Assess the organizational structures, management, and performance of the selected types of WMOs in playing their effective roles while identifying any gaps and associated problems in terms of legal and regulatory framework, incentives and supporting systems, and any other constraints;21 Examine, from a legal perspective, whether separate institutional setup will be needed for small-scale, medium, and large systems; Recommend measures for further ensuring the sound functions of registered WMOs as indicated in Fig 4 and section 5.4 of GPWM, including the possibilities for (a) measures that can be taken within the existing framework; and (b) measures that would require further revision/modification of the existing framework; Assess performance and potentials of the unregistered WMOs as indicated in Fig 4 and section 5.5 of GPWM and recommend measures to further improve the institutional and fictional aspects of such WMOs; and
(iv) (v)
(vi)
(vii) Assess the possibilities for defining alternative options for registering WMOs identified in consultation with the GPWM task force, clearly identifying the necessary steps for each alternative (with a timeframe for implementation) including necessary incentives and support systems; for WMO activities relating to social, financial and technical aspects; (viii) Any other issues that the expert may consider relevant for the study.
21
Including the current and appropriate legal status of the three-tier WMOs, comprising water management groups, associations, and federation in larger BWDB systems.
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Annex II: Questionnaire for WMO Survey
Local Government Engineering Department Institutional Studies for Legal Framework of WMOs for SSWRDSP Questionnaire for WMO Survey For the WMOs
A. General Information
1 Name of the WMO 2 Type of the WMO (1) WMG (2) WMA (3) WMF 3 Name of the affiliating scheme 4 Location of the scheme 5 Type of the scheme (1) FCD (2) FCDI (3) FC (4) DR (5) WC (6) CAD (7) DR&C (8) DR&I B. Organization 6 When was the WMO formed? 7 Was it formed before the start of physical work? If so, how many months before? 8 If it was formed after the start of physical work, how many months after? 9 Who took the initiative in mobilizing? (1) Local people (2) NGO (3) CBO (4) Local LGED officials (5) Others 10 Why did you decide to form the organization? (1) To get the scheme approved (2) To solve our problem of water management (3) To get continued scheme benefit (4) Not to be left out, when others are moving (5) Other 11 What was the number of members when it was formed? 12 What is the current number? If it is increasing, what are the reasons? (1) Necessity to include different stakeholders (2) Demonstrated benefit (3) Persuasion by existing members (4) Persuasion by scheme officials (5) Persuasion by NGOs (6) Persuasion by CBOs (7) Other 13 If membership is declining, what are the reasons? (1) Failure of the scheme to deliver benefits (2) Control of WMO by rich and influential (3) Failure of agency to carry out necessary O&M (4) Too much pressure for cost sharing (4) No regular meeting (5) No election after initial committee formation (6) No contact by agency officials in time of need (7) Others 14 Who are the members of the WMO and their percentage? (1) Farmers (3) Boatmen (4) Women (5) Others (2) Fishermen
15 Is the WMO registered? If so, when was it registered according to certificate of registration?
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16 Do you have a designated office location for the WMO? If yes, where? (1) In members house (2) Local input dealers shop (3) Primary school premises (4) Hired accommodation (5) Others 17 Who runs the day to day affairs of the WMO? 18 If it is run by a designated member, does he get any remuneration? If so, at what rate? 19 Was any AGM held within one year after registration for electing a new committee? If not, why not? 20 If the AGM was held on schedule, did the election take place? If not, why not? 21 If neither an AGM nor an election was held, how is the WMO functioning? (1) With an interim committee appointed by the CD (2) Legal or illegal, by the first MC appointed at registration 22 How many general meetings have been held since formation of the WMO? 23 What is the percentage of attendance of members? 24 What are the items most frequently put on the agenda for meetings? (1)Organization matters (2) O&M of the scheme (3) Members Contribution for O&M (4) Cost Recovery (5) Sanction of Loan (6) Recovery of Loan (7) Business (8) Others 25 Under cooperative law, WMOs are required to maintain the following registers: a) Membership Register b) Share Register c) Deposit Register, if applicable d) Loan Register, if applicable e) Register containing minutes of meetings f) Cash Book / Register g) Other Books and Registers as may be required by law
How many of the above do you maintain? Mention them 26 If you do not maintain them, state the reasons for not doing so. (1) WMO is defunct (2) No designated person to do the job (3) Do not have the funds (4) Lack the expertise to do so (5) No training imparted (6) Trained man left the village and no substitute selected (7) Others
C. Participation in Scheme Design 27 Did the scheme authorities consult with you before taking up the scheme? If yes, how many such meeting took place? 28 Was an inventory of problems / constraints and potentials prepared by scheme authorities? If yes, did you participate in its preparation? If not, why not?
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29 Was there any opposition to the taking up of the scheme? If yes, how was the opposition met? 30 Were there any PAPs? If yes, was mitigation measures prepared and were those acceptable to them? 31 Was there any objection from people upstream or downstream or WMOs running parallel DTW / STW/ LLP programs? 32 If yes, how those objections were met? 33 Was there interaction between the design team and stakeholders? If yes, how many times? 34 Was the feedback given by stakeholders accommodated in the final design? If not, why not? 35 Have production plans on agriculture, fishery, forestry and livestock development and environment management plan based on feasibility study been prepared? If not, why not?
D. Participation in Implementation 36 Did you understand clearly the financial and other obligations of agreeing to form the WMO? Who explained these things to you? (1) NGO (2) CBO (3) Consultants (4) Project officials (5) All of above combined (6) Other 37 Did the WMO sign an Implementation Arrangement with the scheme authorities that clarified their respective roles and responsibilities? If not, on what basis is the WMO interacting with the scheme authorities? 38 Was the WMO involved in implementation of the scheme? If not, why not? 39 If yes, in what ways? (1) As D class contractor (2) Through LCS (3) As member of Scheme Implementation Committee (4) As member of Joint Management Committee (5) Other 40 Who made the initial contribution towards creation of O&M fund? (1) All members (2) Rich members only (3) Contractors (4) Paid in kind (5) Other 41 Who initiates action on O&M of scheme? (1) Consultant (2) Scheme Authority (3) WMO 42 Does the WMO bear the entire cost of O&M? If yes, who executes the work? Scheme Authority (1)WMO (2)
43 If the scheme authority is to bear part of the cost, has it been able to provide the fund? 44 If not, how the needs of O&M are met? (1) By reducing the scope of work (2) By postponing the work to the next season 45 Has the WMO been able to implement the different production and environment management plans prepared during feasibility stage? If not, why not? 46 Was any help required from other government agencies during implementation? Did the WMO get the needed support? If not, why not? E. Mobilization of Resources 47 What are the sources of fund for the WMO? (1) Members contribution to O&M fund (2) Service charge for irrigation (3) Income from leased land / water body / salt flats / shrimp ponds
owned by scheme authorities (4) Membership fees (5) Interest on reserve and other funds (6) Income from commercial activities (7) Others Give the itemwise figures for all the years since formation of the WMO. 48 If your scheme is an irrigation scheme, have you notified the irrigated area for imposing service charge from the beneficiaries in terms of either Water Rate Ordinance of i984 and Rules made thereunder or Rule 78 of Cooperative Rules, 2004? If not, why not? How are you then collecting money for providing irrigation? 49 If yes, how much was the assessment and how much has been realized? 50 If there are any shortfalls, what are the reasons? (1) Collection mechanism not worked out (2) Irrigation was not adequate (3) Irrigation was not given on time (4) Members have alternative tubewell irrigation where rates are cheaper (5) Some member still want water free of charge (6) Other 51 Have all the members purchased one minimum share as required under the law? If there are defaulters, what action has been taken against them? 52 Is there any requirement for the members to make some weekly deposits? If so, what percentage of members is doing it? What was the last accumulated balance on 30.6.2005 and in the previous year? 53 Other than water management, in what other activities is the WMO engaged? (1) Credit (2) Land Mortgage (3) Agricultural Input Business (4) Wholesale business (5) Other 54 If it is engaged in credit business, how much loan has it advanced to its member and how much has been recovered? What is the percentage of overdue loan and exact amount? 55 If the WMO has engaged in other businesses, has it made a profit or loss during the years of its operation? Give profit / loss statement. 56 Is any statement of earning and expenditure prepared at the end of financial year? If yes, give copies for all the available year.
F Capacity Development 57 Did any member of the WMO receive any training? If yes, how many? 58 What were the topics covered and who were the instructors?
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G Back up Support 59 Indicate the number of visits by the following officials after completion of the scheme?
Designation of Official
Year 1 Q1 Q2 Q3 Q4
Year 2 Q1 Q2 Q3 Q4
Year 3 Q1 Q2 Q3 Q4
Scheme Authority 1 Engineer 2 CDO 3 Sociologist 4 Other
Cooperative Deptt 1 Officer from Zila 2 Officer from UZ 3 Inspector
Other Deptts 1 2 3 4 5
NGO / CBO 1 2 3
60 What did they do during the visit? (1) Inspect construction work ( 2) Fill up MB (3) Prepare bills for contractors (4) Inspect Registers (5) Attend meetings as observers (6) Resolve conflict (7) Conduct training courses (8) Exchange views with members with regard to different plans (9) Other
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61 Did you find these visits useful for institutionalizing the WMO. If no, why? If yes, elaborate. 62 Did you expect any help from any other person or entity and you did not get it? Who are they and what kind of help? H. Views on Cooperatives and Cooperative Laws 63 Do you support the registration of WMO? If yes, why? 64 If not, why not? 67 Do you support registering under the Cooperative Act? If yes, why? 68 If not, how else can it be registered? 69 Are you confident that you are able to meet the requirements of cooperative laws? Mention the specific provisions that bother you and you want them to be amended? 70 Do you consider the support from scheme authorities to be adequate? If not, what do you expect them to do to support you further? 71 Do you consider the support from cooperative department to be adequate? If not, what do you expect them to do to support you further?
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Annex III: Questionnaire for the local level LGED, Doc and other officials
Local Government Engineering Department Institutional Studies for Legal Framework of WMOs for SSWRDSP Questionnaire for WMO Survey For the Local Level LGED and Coop Officials
LGED / BWDB
1 Who are responsible for formation of WMOs at the field level from the LGED / BWDB side? Give their designations. 2 Are they permanent staff or project staff? Give a local level organogram for the WMO work only. 3 What are academic qualification and professional background of these people to do this new type of work? 4 Did they receive any training for doing this kind of work? Where and by whom? 5 Give the job description of each of these dedicated staff members. 6 Who looks after the process of institutionalization of the WMOs after scheme completion? What is the deployment ratiohow many officers and staff for how many WMOs? 7 If you do not have any such deployment plan, how the progress of WMOs be monitored? What are your suggestions? 8 What are your views about the Cooperative law and the rules? Do you find any of their provisions hard to comply and needs revision. Catalogue them. 9 Do you think you need more manpower for WMO development? Give your additional requirements. 10 Give the reasons for sticking to a one-tier WMO instead of three-tier as recommended in the Guidelines of Participatory Water Management. Cooperative Department 11 What are the responsibilities of the CD in respect of WMOs as cooperatives? Please narrate briefly. 12 Given the job description, does the CD have the institutional capacity to do the job? 13 What is the deployment ratio, that is, how many officials for how many WMO? Do you have officials at that level? If not, how this deficiency be covered up? 14What are your views about the Cooperative law and the rules? Do you find any of their provisions hard to comply and needs revision. Catalogue them.
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Annex IV: Preconditions for undertaking schemes under the SSWRDSP II Preconditions to be fulfilled by WMCAs prior to signing of Implementation Agreement for sub projects under the SSWRDSP II MEMO NO: LGED/SSW-2/PD/S-68/04/2064 DATED 18.6.2005 ISSUED IN MODIFICATION OF: 1. MEMO NO: LGED/SSW-2/PD/P-15/2002/2279 DATED 21.12.02 2. MEMO NO: LGED/SSW/PD/C-22/03/705(1) 3. MEMO NO: LGED/SSW-2/PD/S-68/04/6845 DATED 01.03.04 DATED 30.05.05
CONDITIONS 1. An Organising Committee will have to be formed. Formation will have to be in accordance with Memo No: 705(1) dated 01.03.04 regarding formation of Water Management Cooperative Association (WMCA) in the sub project area and formulation of By Laws for the WMCA. 2. Prior to expiry of the term of the Organising Committee (three months) an Extraordinary General Meeting (EGM) of the general members will have to approve the By Laws and elect the first Managing Committee of the WMCA. The members of the committee must be above 21 years of age, be literate and capable of receiving training. 3. At least 70 percent of the beneficiary households, including small and medium farmers, must be members of the WMCA. 4. The capital of the WMCA must be raised to a reasonable level through collection of shares and regular savings from the members. 5. Meetings of the Managing Committee and para/area based meetings of the general members must be held regularly for a minimum period of three months. 6. The WMCA must have its own office with its signboard in an easily accessible and neutral location. The office should not be located in any Union Parishad office, school or private residence. 7. The WMCA must have its own employee (Accountant). Minimum qualification should be SSC and age must be over 30 years. 8. The records and registers of the WMCA must be maintained in accordance with Cooperative laws and rules. 9. The first elected Managing Committee must get the WMCA registered with the Department of Cooperatives in accordance with law and in a timely manner. 10. The entire money required to be contributed by the beneficiaries for operation and maintenance of the infrastructure created under the sub project (3% of earth work and 1.5% of structures) must be collected and deposited in a jo int bank account of the Executive Engineer LGED and the WMCA. 11. The plan and design of the proposed sub project will have to be approved by the WMCA. 12. The compensation plan for persons advrsely affected by the sub project, if any, have to be approved by the WMCA. Implementation Agreement can be signed and tenders for the sub project invited only if the above conditions are fulfilled. The first elected Managing Committee is to sign the agreement on behalf of the WMCA
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Annex V: Draft MOU between BWDB and LGED MEMORANDUM OF UNDERSTANDING BETWEEN BANGLADESH WATER DEVELOPMENT BOARD AND LOCAL GOVERNMENT ENGINEERING DEPARTMENT
WHEREAS with a view to ensuring efficient development and management of water resources by consolidation and amendment of laws relating to water resources, the Bangladesh Water Development Board (BWDB) has been established under the Water Development Board Act, 2000 (Act 26 of 2000), hereinafter referred to as the said Act ; AND WHEREAS, the said Act provides that BWDB shall, in accordance with the provisions of National Water Policy (NWPo) and within the framework of the National Water Management Plan prepared by the Water Resources Planning Organization constituted under the Water Resources Planning Act, 1992 (Act 12 of 1992), hereinafter referred to as Act 12 of 1992, BWDB shall implement water resources development projects having command area of more than 1000 ha only but below 5000 ha (medium size) and above 5000 ha (large size) ; AND WHEREAS, the said Act further provides that, subject of having been in conformity with the framework of the National Water Management Plan referred to above, projects having command area of not exceeding 1000 ha (small-scale water resources development project) may be implemented by a local authority as defined in section 2(K) of the said Act, each represented by the Local Government Engineering Department (LGED) under the Local Government Division of the Government of Bangladesh (GOB) ; AND WHEREAS, in order to achieve the objectives of the said Act, it is expedient and proper that the BWDB and LGED should work in close co-operation and understanding; AND WHEREAS, both the BWDB and LGED recognize that close co-operation and co-ordination and exchange of knowledge and experience, data and information, technical know-how and technology will facilitate better implementation of national water resources development and management programme and better integration of the needs of the local people ; AND WHEREAS, BWDB and LGED have agreed in making endeavor to develop and manage water resource of the country in an integrated manner by extending co-operation and support to each other's projects complying with the requirement of NWPo, the Act 12 of 1992 and Guidelines for Participatory Water Management duly approved and amended by the Ministry from time to time, in enhancing effectiveness and sustainability of water management projects by sharing information and experiences for ensuring co-ordination between BWDB, LGED and stakeholders, in developing understanding between BWDB and LGED in respect of water resources development plans and programmes through cooperation and sharing of information, ensuring communication and consultation between BWDB and LGED at their respective head quarters and concerned field offices in the matter of exchanging data and information, documents, maps etc. required to make the projects of BWDB and LGED complimentary, participating in concerned seminars and workshops to facilitate sharing of knowledge, technical know-
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how and experiences for the sake of better understanding of each other's projects affairs and also in promoting and supporting involvement of other organisation including NGOs; AND WHEREAS, BWDB and LGED have agreed with the provisions set out in this Memorandum of Understanding (MOU) ; NOW, THEREFORE, BWDB and LGED have agreed as follows : 1. The provisions of the MOU shall be notified to all offices of BWDB and LGED upon their coming into force by BWDB and LGED under intimation to the Local Government Division of GOB. BWDB and LGED shall provide to each other data and information like index maps, water development planning maps, project features and other necessary data and information of projects, the implementation of which is in progress or yet to be completed to LGED or, as the case may be, BWDB. Where an LGED project is required to be incorporated with a project of BWDB, the WMO of the LGED project referred to above shall continue with the name, responsibility of operation and maintenance, WMO rights after, of course, having been appropriately federated, if necessary, with institutional system of BWDB project. BWDB shall allow LGED to rehabilitate and maintain the existing BWDB infrastructural components without affecting original purpose and design and BWDB shall ensure the operation and maintenance of the rehabilitated structures through its WMO. BWDB shall allow LGED for developing and paving the embankment for use as roads, in which ease LGED shall maintain the BWDB design of the embankments in all respect including side slopes and shall also rehabilitate and upgrade the BWDB structures for use as roads to keep their functions unhindered for the concerned BWDB project. BWDB shall ensure its participation in the meetings of the District Level Inter Agency Project Evaluation Committee (DLIAPEC) convened by LGED and LGED shall ensure participation of BWDB in similar meetings to consider and approve each other's project for avoiding possible complication, duplication or overlapping after adjustments and modifications considered appropriate. BWDB shall ensure holding meetings of the DLIAPEC for its projects as per circular issued by the Planning Commission to facilitate compatible incorporation of existing projects of LGED, the implementation of which is in progress or yet to be completed for integrated operation and management. LGED shall ensure holding meetings of the DLIAPEC for its projects as per circular issued by the Planning Commission to avoid complication, duplication and overlapping. BWDB shall invite participants from LGED and LGED shall invite participants from BWDB to attend seminars and workshops to share knowledge, know-how and experience and to foster cooperation and understanding between BWDB and LGED. In order to facilitate development and management of water resources of the country in an integrated manner, BWDB shall allow LGED in planning and implementation of projects having not exceeding 1000 ha of relatively independent hydrological unit within above 1000 ha and below 5000 ha, after identification and appraisal through a project appraisal committee comprising six members, three each from BWDB and LGED. When any projects of relatively independent hydrological unit having not exceeding 1000 ha is proposed within command area of BWDB project of having exceeding 1000 ha and below 5000 ha or above 5000 ha, the LGED shall ensure that its project within command area of not
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11.
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exceeding 1000 ha shall become complimentary to and do not conflict with the objectives and purpose of BWDB project after identification and appraisal through a project appraisal committee comprising three members from each organizations i.e. BWDB and LGED. 12. (1) If there is any disagreement as to the provision of anything contemplated by BWDB and LGED, the matter shall be settled bilaterally through mutual consultation and in the event of failure to arrive at amicable settlement, the matter may be referred to a standing committee consisting of the following members, namely : (a) (b) (c) (d) (2) Planning Chief, BWDB, who shall also be its Convenor ; Planning Chief, LGED ; two Superintending Engineers, one each to be nominated by BWDB and LGED ; two Executive Engineers, one each to be nominated by BWDB and LGED.
The decision of the Standing Committee referred to at (1) above shall, as far as possible, be arrived on consensus, failing which the matter shall be referred to the Ministry, whose decision shall be final and binding on BWDB and LGED.
General Provision 13. 14. The MOU shall come into force upon signature by BWDB and LGED. The MOU may be modified or terminated by mutual consent between the parties to this MOU expressed by exchange of letters. 15. In this MOU, unless there is anything repugnant to the subject or context (a) (b) "Project" includes sub project ; "Ministry" means the Ministry of Water Resources.
IN WITNESS WHEREOF, the undersigned being duly authorised have signed this MOU at Dhaka on ........................, 2005
For Bangladesh Water Development Board
For Local Government Engineering Department
Signature Name : Designation
: ..............................
Signature Name :
: ..............................
Designation
Witness :
Witness :
1. 2.
1. 2.
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77
BIBLIOGRAPHY
1. Abdullah, Abu, Mosharaff Hossain and Richard Nations, Agrarian Structure and the IRDP: Preliminary Considerations Bangladesh Development Studies 5 (April, 1976): 209-256 2. ADB. Management Capability Strengthening of LGED. TA No 1809-BAN, 1992 3. ADB. SSWRDSP: Joint Appraisal Report. Appendix 3: Legal Framework for Water Management Associations. (1994) 4. Blair, Harry W. 1975. The Elusiveness of Equity: Institutional Approaches to Rural Development in Bangladesh. Ithaca: Rural Development Committee, Center for International Studies, Cornell University 5. BUET and BIDS. External Evaluation of SSWRDSI-1. Final Report (June 2003) 6. BWDB and WARPO. Annex D-Institutional Development in Compartmentalization Pilot Project, Tangail. Final Report (No date) 7. BWDB and WARPO. Water Management Improvement Project: Preparation Study. Volume 2 2003. 8. BWDB. KJDRP: Component A: Beneficiary Participation. (No date). 9. Choldin, Harvey M. An Organizational Analysis of Rural Development Projects at Comilla, East Pakistan Economic Development and Cultural Change 20 (July 1970): 671-690 10. Datta, Anjan K. Planning and Management of Water Resources: Lessons from two decades of Early Implementation Project. Dhaka: The University Press Limited, 1999. 11. Duyne, Jennifer E. Local Initiatives for Sustainable Water Resource Management Volume VI. 1998. Dhaka: University Press Limited. 12. Huda, ATM Shamsul, Interagency Collaboration for Integrated Coastal Zone Management: A Bangladesh Case Study Coastal Management 32:89-94, 2004 13. Huda, ATM Shamsul, Institutional Arrangements for ICZM: Models of Good Practice. Dhaka: PDO, ICZM, 2004. 14. Khan, Akhter Hameed, The Comilla Project: A Personal Account International Development Review 16 (September, 1974): 2-7. 15. Khan, Akhter Hameed, Tour of Twenty Thanas: Impressions of Drainage-Roads, Irrigation and Cooperative Programmes. Comilla: Bangladesh Academy for Rural Development, 1971. 16. Khan, Akhter Hameed. Rural Development of East Pakistan: Speeches of Akhter Hameed Khan. East Lansing, Michigan: Asian Studies Center, Michigan State University, 1964 Ministry of Water Resources. Guidelines for Participatory Water Management. (2001) 17. Ministry of Water Resources. National Water Management Plan. Draft Development Strategy. Annex F (Social Analysis) (August, 2000) 18. Ministry of Water Resources. National Water Policy (1999) 19. Planning Commission, Government of Bangladesh.1998. Fifth Five Year Plan-1997-2002. Dhaka: Government of Bangladesh 20. Rogers, Peter. The Economic and Financial Context pp 271-313 in Wouter Lincklaen Arriens, Jeremy Bird, Jeremy Berkoff and Paul Mosley (Eds). Towards Effective Water Policy in the Asian and Pacific Region. Volume III. Manila, Asian Development Bank, 1996. 21. Soussan, John; Anjan Datta and Premachandra Wattage. Community Partnership for Sustainable Water Management: Experience of the BWDB Systems Rehabilitation Project. Six Volumes Dhaka, The University Press Limited, 1998. 22. The Cooperative Societies Act, 2001 and the Cooperative Societies Rules, 2004 23. WARPO, Draft Development Strategy, Volume 7, Annex H; Institutions. Dhaka: WARPO 2000.
24. WARPO, .National Water Management Plan: Investment Portfolio, Volume 3. Dhaka: WARPO.2001

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Government of the Peoples Republic of Bangladesh Local Government Division

Second Small Scale Water Resources Development Sector Project

Table of contents EXECUTIVE SUMMARY .............................................................................................................................. I

ABBREVIATIONS AND ACRONYMS ...................................................................................................... VII 1 INTRODUCTION ................................................................................................................................... 1

2 ASSESSMENT OF INSTITUTIONAL FRAMEWORK ........................................................................... 9

2.4 3.1 3.2 3.3 3.4 3.5 4.1

3 ASSESSMENT OF LEGAL FRAMEWORK ........................................................................................ 21

4 WMO SURVEY DESIGN ..................................................................................................................... 27

5 SURVEY FINDINGS AND OPTIONS ANALYSIS ............................................................................... 39

6 CONCLUSIONS AND RECOMMENDATIONS ................................................................................... 53 BIBLIOGRAPHY ....................................................................................................................................... 78

ABBREVIATIONS AND ACRONYMS

Thana (Upazila) Parishad

Institutional Studies for Legal Framework of Water Management Organization

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Section 5.3, Page 23-24, Guidelines for Participatory Water Management

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Objectives and Scope of the Study

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Methodology of the Study

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ASSESSMENT OF INSTITUTIONAL FRAMEWORK

WMO as part of larger System

Changing Dynamics of Water Issues

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ii. iii. iv. v. vi.

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The Human System

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Evolving Institutional Framework

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Policy and Planning Framework

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Joint Implementation of Schemes

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More than 5000 ha

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Critical Gaps in the Institutional Framework

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Water Sector Improvement Project, Op cit

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ASSESSMENT OF LEGAL FRAMEWORK

Principles of Sound Water Resources Management

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Institutional Studies for Legal Framework of Water Management Organization

Existing Water Sector Laws