Water Expert for Drafting WUA Act

Asian Development Bank (ADB)
Home-Based / Remote
Position Type: 
Consultancy
Organization Type: 
International Organization
Experience Level: 
10+ Years
Degree Required: 
Advanced Degree (Master's or JD)

EXPIRED

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Objective and Purpose of the Assignment

This assignment focuses on output 1c and has as objective to draft, in close coordination with the DIPH, DOH and other relevant state organizations, a WUA act that will facilitate better service provision of the irrigation systems and follow international best practice as far as applicable to the local situation. The final product should be a WUA act ready to submit to the legislative authority

Scope of Work

The scope of work includes two phases: (i) a brief overview of design principles for sustainable community organizations and lessons learned in participatory water management, irrigation management transfer and water user associations; and (ii) drafting of a proposed water user act in line with the lessons learned and on the basis of governing laws or the proposed new required arrangements. The drafting phase should follow a consultative approach with state authorities and the WUA facilitation consultants which can be spread out over a number of months.

a. State-wide consultation workshop organized: The consultant shall compile existing knowledge and review latest insights and present it at the state-wide WUA act consultation workshop which will be organized by DIPH. The presentation will focus on review of design principles and lessons learned, particularly on:

  1. Sustainable community natural resources management organizations, design principles of such organizations
  2. Check a number of WUA acts/laws for Indian states and Indian states with comparable geographic conditions or other countries with hilly/mountainous conditions and comparable climate (e.g. Bhutan, Nepal, Bolivia, Colombia) and the studies already conducted by other development partners for Himachal Pradesh
  3. Prepare a succinct report concluding the above brief studies and draw recommendations for Himachal Pradesh;

b. Define and agree on principles of act

  1. Determine the water management framework and rules which the WUAs will function within, give specific consideration to flexibility of water supply and possibilities for (better) on-demand water supply;
  2. Determine objectives of the WUAs
    • Services (operations, maintenance, support);
    • Representation;
    • Financial;
    • Administrative.
  3.  Agree on objectives with DIPH, DOH and other relevant state organizations and determine functions with viewpoint to adaptive development;
  4. Define institutional structure of WUAs and water management structures in the state and how these best interact;
  5. Describe transitional arrangements.

c. Draft act and conduct regular reviews and adaptations

  1. On basis of the agreed principles draft a first version for discussion;
  2. Review with authorities;
  3. Review with WUA facilitation consultants and users, this might have the shape of a multi stakeholder consultation;
  4. On the basis of comments from the review redraft a second draft;
  5. Follow a comparable consultation as well as a review session with legislative authorities the latter to ensure congruence with the legal requirements;
  6. Develop final draft including provisions for regular review and update in the spirit of an adaptive process:

d. Finalize act for submission

  1. Discuss final draft with DIPH, DOH and other relevant authorities;
  2. Finalize on the basis of these discussions;
  3. Develop an explanatory note and other requirements for submission;
  4. Agree on a basis for regular review and update process.
  5. Compile review document, final act and explanatory note in a final report.

Detailed Tasks and/or Expected Output

Output 1: Irrigation infrastructure development and farmer management systems established. This output will be management by the Department of Irrigation and Public Health (DIPH). Output 1 will (a) construct or rehabilitate 16 irrigation schemes introducing innovative technologies for water extraction, distribution and storage, and enhanced climate and disaster resilience (PRF pilot); (b) establish and capacitate Water User Associations (WUAs) on the constructed irrigation schemes with women’s participation and gender equitable leadership; and (c) finalize the draft WUA act to be submitted for the HP legislative assembly’s enactment.

Output 2: Subtropical horticulture production technology and marketing systems demonstrated. This output will be managed by the Department of Horticulture (DOH). Output 2 will: (a) develop 17 subtropical horticulture plots covering 200 hectares, engaging approximately 600-800 male and female farmers for irrigated high- and ultra-high density production of citrus, guava, litchi and pomegranate (PRF pilot); (b) fence all horticulture plots to protect from animal predation (PRF pilot); (c) form Community Horticulture Production and Marketing Associations (CHPMAs) in the PRF areas and build their capacities for business/marketing; and (d) facilitate the development of CHPMA investment plans for subtropical horticulture value addition and market development.

Output 3: Enabling environment, tools and capacity for promoting irrigated subtropical horticulture provided. This output focuses on developing capacity building tools and creating an enabling environment for the implementation of the ensuing project. Specifically, the project will: (a) support DOH to prepare the Himachal Pradesh Horticulture Sector Development Strategy and Investment Plan 2023-2030; (b) provide technical training and experimental study tours, as well as investment project management including safeguards, procurement, gender, financial management and institutional strengthening for DOH and DIPH staff; (c) train CHPMA members on orchard management through preparing the packages of practice for key subtropical horticulture crops and providing on-site training; (d) provide technical support to subtropical horticulture nurseries; and (e) establish scientific and project monitoring system in the Project Management Unit (PMU).

Output 4: Ensuing investment project (or Himachal Pradesh Subtropical Horticulture, Irrigation and Value Addition (HPSHIVA) project) and its implementation readiness prepared. This output will support DOH and DIPH to prepare the feasibility studies, detailed engineering design and surveys, due diligence assessment, safeguards preparation work and bid documents for the ensuing loan, supported by PRF consultants. The ensuing project aims to increase the income of at least 25,000 farm households in seven districts (Bilaspur, Hamirpur, Kangra, Mandi, Solan, Sirmour and Una) of subtropical areas of Himachal Pradesh. The irrigated, horticulture production areas under the ensuing project is estimated to be at least 10,000 ha. The HPSHIVA project will expand irrigation to farmers, increase subtropical horticulture production and its climate resilience, and raise the profitability and farm gate price of subtropical horticulture production through value chain development of targeted commodities.

Minimum Qualification Requirements

The successful candidate should have:

  • An advanced degree in law from a recognized university preferably with an engineering background;
  • Minimally 15 years of experience with legal aspects of water resources management and engineering and drafting of water legislation;
  • Experience in supporting and or drafting of water legislation in Asia; and
  • Knowledge of the water legislation in HP is an asset.