Water Policy/River Basin Organization Specialist
Objective and Purpose of the Assignment
The project advisory technical assistance (PATA) is to support the Water and Energy Commission Secretariat (WECS) and the High Powered Committee for Integrated Development of the Bagmati Civilization (HPCIDBC) in implementing Output 1 of L3057/G0367-NEP Bagmati River Basin Improvement Project (BRBIP) to establish systems and capacity for integrated and participatory river basin management. Outputs exist of i) a policy and legal and institutional framework is developed to support operationalization of IWRM under Nepal new constitution, this will include the development of (a) federal IWRM policy and (b) a federal water resource act and related regulations, ii) WECS and associated river basin management institutions (including Bagmati RBO) have the capacity to quickly initiate the implementation of the new water legislation and the first Bagmati river basin council is successfully held and iii) the new federal water policy and legislation is developed through a thorough and multilevel consultative process and is guided by knowledgeable parliamentarians and water leaders. The PATA is provided by ADB to support the Government of Nepal in achieving critical institutional and legal loan covenants of BRBIP. The PATA executing agency is WECS.
The PATA international RBO specialist and team leader was engaged by ADB last 27 Feb 2015 and mobilized in Nepal on 16 March 2015. The PATA also includes an international training and capacity building specialist. An additional scope of the TA was approved at the end of 2016. This scope is supported by additional financial resources for national and international specialists on legal and institutional issues. The latter was particularly important to ensure that international legal support can be continued after the RETA 6498, titled Supporting Water Legislation in South Asia and Southeast Asia, including Nepal. The completion date for the project is 31 July 2019. Since 2017 a closely related started this TA 9095-REG titled, “Strengthening Integrated Water Resource Management in Mountainous River Basins: Afghanistan, Bhutan and Nepal” a regional TA, titled support IWRM in mountainous countries” has activities in capacity building of the Bagmati RBO as well as support to WECS in DSS capacity building. The PATA coordinates intensively with the TA 9095-REG.
Scope of Work
More specifically the consultancy will aim (i) to assess the overall legal and institutional framework of Nepal, identify gaps and support the amendment of both institutional and legal framework to that are required to support the sustainable achievement of BRBIP objectives including formation of an RBO for the Bagmati river basin; (ii) support the Bagmati RBO sustainable establishment and capacity development. As the RBO is being formed, the consultancy will seek to fill gaps between the roles of existing water management institutions and/or promote take-over of certain functions from other institutions, to avoid duplication of roles and responsibilities so that the RBO can operate effectively. The scope of the consultancy will include but will not be limited to the following: (a) review and analysis of existing legal, institutional framework and RBWRM initiatives; (b) continue participatory dialogue and finalize agreement on Bagmati River Basin Organization, mandate, powers and organizational structure; (c) identify RBO staff and stakeholders' skill strengths, capacity building needs and design and supervise capacity building programs; and (d) support WECs in ensuring the project meets its institutional and policy refors covenants. In detail:
(1). Review and analysis of existing legal, institutional framework and RBWRM initiatives The consultants will familiarize themselves with current institutional and legal framework related to water management and development in Nepal. This will consist in reviewing existing studies and documents and confirm/amend the analysis provided under PPTA 8050-NEP: Preparing the Bagmati River Basin Improvement Project. Specific deliverable will include a synthesis of the current issues and gaps and necessary legal and institutional reform for adoption/implementation of IWRM and RBWRM at national level.
(2). Continue participatory dialogue and finalise agreement on Bagmati River Basin Organisation, mandate, powers and organizational structure The consultant will study the proposal elaborated under PPTA 8050-NEP regarding the proposed RBO structure, mandate and function and will continue the consultation process with key basin and government stakeholders to finalize the RBO proposal and get it approved. Specific deliverable will include (i) an approved RBO proposal including structure, mandate, functions and necessary legal and institutional reforms required to ensure that the RBO decisions/recommendations can be truly enforced, (ii) a road map encompassing legal, institutional (including staffing, capacity building, etc.) and financial requirements for the sustainable establishment of the RBO and for ensuring it is operational before the end of the project and (iii) draft legal documents required to support the establishment and provide necessary powers and resources to the Bagmati RBO for performing their agreed mandate and functions.
(3) Identify RBO staff and key stakeholder’s skill strengths, capacity building needs and design and supervise capacity building programs. The consultants will assist the nascent RBO in recruiting staff and assess their skills strenghs and capacity building requirement. The consultant will prepare capacity building program and identify suitable institutions in Nepal and outside Nepal that can provide the required training. The consultant will support the recruitment of the capacity building services, supervise and assess the quality of the training/study tours. The consultant will also explore options and support the establishment of formal cooperation/twinning agreements with international or regional RBOs or RBO network. The key deliverable will include (i) RBO staff strength/capacity need assessment report, (ii) report describing capacity building program with identified training centers, study tours destination and expected capacity enhancement results and (iii) at least one cooperation/ twinning agreement with a regional RBO or RBO network (other than NARBO)
(4) Support WECs in ensuring the project meets its institutional and policy reforms covenants. BRBIP project has specific institutional and policy reforms covenants that are to me met under certain timreframes for the achievement of the project outcomes and outputs. These include:
(i) The Beneficiary shall have (a) finalized and adopted the Integrated Water Resources Management Policy, which is currently in draft form (by 2014); and (b) finalize and submit to the legislature for approval a proposal to substantially revise amend the existing Water Resources Act 1992, based on a comprehensive review, to provide for, among others, a fresh deadline to obtain permit for existing uses of water, and incorporating the essential elements of policy changes in the sector since its promulgation to promote integrated water resource management (by 2015).
(ii) Immediately after the enactment of a new water resources law as stipulated in paragraph above, the Beneficiary shall bring into force a new regulation to regulate environmental flows into the Bagmati River, capturing the essential features and standards contained in its Hydropower Development Strategy, 2001, Irrigation Policy, 2003 and any subsequent policies in the sector relevant to this Project.
(iii) By end of 2016, the Beneficiary shall introduce necessary law in the legislature to establish a River Basin Organization (RBO) with the mandate of integrated management and development of water resources in the Bagmati River basin. The Beneficiary shall further provide required budget and staff as necessary to make the RBO operational immediately after the enactment of the RBO law and ensure that it functions as a sustainable organization
(iv) By end of 2014 (this timeframe was postponed), the Beneficiary shall designate WECS as the national water resources planning authority, in line with the Water Vision 2050 being finalized by it. Such designation shall be done through an executive order, which shall stipulate such powers and authority for WECS as necessary to function as the authority, and by introduction of additional regulations as required.
(v) The Beneficiary shall ensure that it provides requisite staff for training activities under the Project from January 2014 (this timeframe was postponed), who shall serve as the core staff for the RBO when it is formed.
The IWMC consultants will provide lead support for the accomplishment of covenants (iii), (iv) and (v) with backing from PMDSC and IHE UNESCO. They will support PMDSC and IHE-UNESCO expert in supporting the achievement of covenants (i) and (ii).
Detailed Tasks and/or Expected Output
For output 1:
(i) Continue in coordination with the international legal specialist under the project support to the finalization of the water resources policy, if required.
(ii) Continue, jointly with the international legal specialist (support to) drafting of the final water act and lobby for a logically structured act as much as possible in line with the original outline developed under the project;
(iii) Further support WECS in adapting an RBO model to Nepal’s social, political and financial context using lesson learned for river basin management in federal states;
(iv) Support the drafting of the regulation under the new water act (if timely finalized);
(v) Support drafting of special laws, or as the case may be an agreement between local and provincial governments as stipulated in the draft policy, on the Bagmati River Basin Organization's functioning as well as for environmental flows in the Bagmati River
(vi) Identify the need for further national and international specialists to support the legislation process as needed.
For output 2:
(i) Conduct additional workshops and working sessions on establishing of basin organisations in coordination with WECS;
(ii) Provide on the job training to staff identified by the HPCIDBC in close coordination with TA 9095;
(iii) Mobilize the international training specialist and develop a detailed training programme including identification of the training institutes and/or trainers;
(iv) Organize workshops for awareness building and strengthening 3 tier governance consultations for effective basin management, for the Bagmati RBO include also the civil society platform (CSP) successfully established by an NGO working under BRBIP.
For output 3:
(i) Organize the study tour, if possible the Spain visit should coincide with the 16th Europe-INBO meeting in Seville from the 17th to the 20th of October 2018.
(ii) Organize after study tour thematic workshops and working sessions to further build capacity in coordination with other donor funded projects (e.g. the Australian DFAT);
(iii) Organize a visit to a NARBO meeting and establish in coordination with WECS and the HPCIDBC a twinning arrangement with another Ministry and or basin organization, if possible The full terms of reference may be downloaded from this link: https://asiandevbank-my.sharepoint.com/:w: /g/personal/pbarrameda_adb_org/EeO7Smt1W9NKgiSJ5Y_p_rYBUFh_wL9kTErVqnI_XpOh4g?e=xn6MlI
Minimum Qualification Requirements
The Water Policy/RBO Specialist (Team Leader) preferably has a Master's degree in water resource management or related field and a minimum of 15 years of demonstrated experience in Water and institutional reform and River Basin Management.