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Section 2
Policy

Part-2 Policy

2.1 Definition

In this policy, unless the subject or context requires otherwise,

(a) “project ” means proposed or under construction irrigation schemes, projects and projects and related offices.
(b) "System" means the entire unit including structures and irrigated areas constructed for irrigation purposes and this term also refers to the irrigation system in operation after completion of construction.
(c) "Mule Nahar" means a canal originating from a spring.
(d) "Branch Canal" means a canal coming out of the main canal.
(e) "Sub Branch Canal" (mshkatchashdagatabachath yach kgad(kwayalambachath ribalb)) means a canal coming out of the main or branch canal and having an irrigated area of ​​100-500 hectares.
(f) "Branch canal" means a canal originating from a canal or a branch or sub-branch and having an irrigation area of ​​more than 30 hectares up to 100 hectares.
(g) "Kullo" means a root or branch or sub-branch or branch of a canal and having an irrigated area of ​​more than 10 hectares up to 30 hectares.
(h) "Kuleso" (श्वमि रिजबलाव) means the root or branch or sub-branch or branch canals or any culverts which supply water to each field within 10 hectares.
(i) "Major Project / System" means a project / system with an irrigation area of ​​more than 1000 hectares in the case of hilly areas and more than 5000 hectares in the case of Terai and Inner Madhesh.
(j) "Large project / system" means a project / system with an irrigation area of ​​500 to 1000 hectares in the case of hilly areas and 2000 to 5000 hectares in the case of Terai and interior Madhesh.
(k) "Medium project / system" means an irrigation project / system with an irrigation area of ​​25 to 500 hectares in the case of hilly areas and 200 to 2000 hectares in the case of Terai and interior Madhesh.
(l) "Small project/system" means less than 25 hectares in case of hilly areas and less than 200 hectares in case of Terai and interior Madhesh.A project/system with less irrigation area should be considered.
(d) "Traditional irrigation system" means a system built and operated by farmers.
(l) "Consumer Operated System" means an irrigation system constructed by a Government or non-Government organization and operated entirely by a consumer organization.
(n) "Consumer organization" means water consumer organization formed for the purpose of constructing and operating the system and registered in accordance with prevailing laws and this term refers to all levels of such consumer organization.
(T) "Operator" means the person or group legally responsible for project/system related construction management.
(h) "Local Body" means Village Development Committee/Municipality/District Development Committee.
(d) "Integrated Irrigation Development" means an irrigation development program conducted in a coordinated manner keeping in mind the interrelationships between projects within a watershed. 2.22.2 Project study, identification and selection 2.2.1 The project will be selected keeping in mind social justice, balanced development, environmental balance, walli diversification, commercialization and giving more economic returns. In addition to this, the possibility of combined use of underground and surface water resources to provide water for irrigation throughout the year will also be considered as the basis for project selection. In this way, coordination will be maintained with the stakeholders while choosing the commission. 2.2.2 In accordance with the irrigation master plan and the national water resources strategy, taking into account the possibility of the project to use the water of one watershed area in another watershed area, an additional list of multi-purpose benefit projects will be prepared in each watershed area and their implementation will be carried out based on their priority order. 2.2.3 In order to institutionalize the process of selecting projects in accordance with the concept of integrated watershed management, large and medium projects will be studied and implemented with the support of local bodies and the public. 2.2.4 Involvement of local authorities and consumer organizationsA periodic plan will be prepared at the local level after preparing the detailed basic data of the existing and potential systems within the watershed area. 2.2.5 Consumers will be directly involved from the project selection stage through discussions, seminars, meetings etc. 2.32.3 Project Implementation Procedures 2.3.1 In case of commercial use of water for irrigation or other agricultural purposes, associations or individuals using water sources or public irrigation structures or both shall obtain a permit in accordance with prevailing laws. 2.3.2 Necessary legal arrangements will be made to guarantee the priority over the water of the system. 2.3.3 The integrated implementation process of the project will be streamlined when developing irrigation on the basis of interconnection between watershed areas (Dybakashla). 2.3.4 According to this policy, the procedures adopted in the irrigation program will be continued. In addition, technical and administrative work will be carried out according to the public construction work guidelines implemented by the Government of Nepal. 2.3.5 Uniformity will be brought in the implementation process of government and donor organizations involved in the development and expansion of irrigation. 2.42.4 Consumer organizations 2.4.1 The consumers of the project/system will be organized at different levels from the canal to the main canal. Consumers organized in this way will be involved in project/system implementation and management activities. 2.4.2 In order to make the task of handing over the system and its management to the consumer organization more effective, the formation of the consumer organization and their capacity building program will be conducted at the beginning of the physical construction work. 2.4.3 During the formation of consumer organizations, at least 33 (thirty-three) percent of women will participate, and arrangements will be made for the representation of Dalit, oppressed and backward tribal communities. 2.4.4 By making responsible participation of consumer organizations at various levels of policy making and implementation, consumer organizations will be organized at the unified watershed and national level to develop sustainable irrigation in the country. 2.4.5 Systems built/operated by consumer organizations and farmersIf there is a demand for the maintenance, renewal and improvement of the traditional irrigation systems operated by Vara, the work according to the demand will be done by mobilizing public participation. Consumer organizations will be empowered to sustain the management of such systems. 2.4.6 Arrangements will be made to register and renew these types of consumer organizations from a single agency. 2.52.5 Resource Mobilization and Public Participation 2.5.1 Emphasizing the direct participation and investment of consumer organizations at every stage of project implementation, the responsibility for maintenance and operation of projects run by government agencies will be gradually transferred to local bodies and consumer organizations. 2.5.2 The land required for Kulo and Kuleso should be handed over to the consumer organization by the concerned consumer. In this way, the price of the land transferred will be adjusted according to the prevailing rate and the amount to be spent by the consumer for the construction of the culvert and cullet. Farmers who own land but do not get irrigation facilities will be paid the amount equal to the value of the land according to the prevailing rate by the consumer organization from the collected amount. But in the case of kulos and kulesa constructed on public land, the value of such land will not be adjusted. 2.5.3 According to section 2.5.2, the project/system related office will take action for the ownership of the land transferred according to section 2.5.2. 2.5.4 In the project construction cost estimate, the share of investment borne by the Government of Nepal and consumers shall be calculated according to Schedule-1 and mentioned in each project's report. But the consumer's cost portion will not be more than 15 (fifteen) percent and less than 3 (three) percent of the total cost of the event. If the amount received for the land according to section 2.5.2 does not reach the part of the investment to be made by the consumer organization, the construction work of Kulo Kuleso will not be started until such insufficient amount is determined in advance. 2.5.5 For the identification, survey, design, estimation and construction of medium and small projects, the support of consumer organizations as well as local bodies, governmental non-governmental and local community organizations will also be gathered. 2.5.6 IrrigationPrivate sector investment in the development and expansion of such service centers will be encouraged in addition to providing services for government-owned large and heavy equipment (heavy equipment) used in development, expansion and use. 2.5.7 It will be the responsibility of the consumer organization to remove the local obstacles in the construction of the project. The relevant agencies of irrigation should provide necessary support to the consumer organizations in this work. 2.5.8 Arrangements will be made to increase the potential income from the land and other sources owned by the irrigation project and to use the income from such sources for the maintenance of the project. 2.5.9 Foreign and domestic private investment will be attracted in irrigation development. The arrangements related to this will be in accordance with the Government of Nepal's Policy on Construction, Operation and Transfer of Public Infrastructure, 2057 and other prevailing laws. 2.5.10 An emergency maintenance fund will be set up to solve problems arising in irrigation services due to natural calamities. 2.5.11 According to Schedule-2, at least 80 percent of the amount received by the consumer organization will be deposited in the maintenance fund and the remaining amount can be spent for administrative work. The procedure for spending the amount of such maintenance fund will be as prescribed in the irrigation guidelines. 2.5.12 According to Schedule-2, the Irrigation Department will manage the amount to be deposited in the Central Maintenance Fund. 2.62.6 System Management 2.6.1 For management purposes, systems are classified as follows,-
(a) Operated by Consumer
(a) Conventional irrigation system,
(b) Operated by the Government of Nepal (E) Operated under the joint management of Nepal Government and consumer organizations (e) operated under the joint management of local bodies and consumer organizations
(U) Operated at private level

2.6.2 According to the demand of the consumers, the irrigation management of the system which is reconstructed/improved and operated by the consumers will be done by the consumer organization. 2.6.3 Large-scale irrigation run by the Government of Nepal QThe consumer organization will be fully responsible for the maintenance and operation of the wells that can be irrigated within the area of ​​30 hectares in the system and other irrigation structures within that area. The Nepal government will maintain and operate irrigation structures above that chakala with the participation of consumer organizations. 2.6.4 In the large and comprehensive system operated under the joint management of the Government of Nepal and Consumer Organizations, sub-branch canals that irrigate Chakala up to 500 hectares of land and other irrigation structures within that Chakala will be gradually transferred by increasing the capacity of the Consumer Organization if requested by the Consumer Organization. However, if there is a demand from the consumer organizations for the transfer of the management of the intermediate systems run by the Government of Nepal, it can be transferred after evaluating their management aspects. 2.6.5 The complete management of any irrigation system will be transferred to the original user organization. In case of partial transfer, it can be done separately to the consumer committee from the lowest level of the system.

2.6.6 If it is not possible for the consumer organization to carry out full responsibility due to technical or other complications inherent in any intermediate system, such system will be transferred to the consumer organization. And arrangements will be made to operate jointly by the irrigation department. 2.6.7 As a preliminary preparation for handover from the beginning of project implementation, institutional development of consumer organizations and increasing their financial capacity will be transferred to consumer organizations that have completed log construction. 2.6.8 Any individual or non-governmental organization may be awarded the partial or complete maintenance, maintenance and operation responsibility of various levels of canals and tunnels within the system under joint management or operated by the Government of Nepal on the basis of competition. 2.6.9 Regular management on behalf of Nepal government in medium and large systems built by Nepal government and currently operated by Nepal government or consumer organization or joint managementNako responsibilities will be gradually transferred to local bodies. The work related to such transfer will be done on the basis of the technical capacity of the local body, the provision of resources for the sustainable management of the system and the demand. For the sustainable management of such transferred irrigation systems, the Irrigation Department will make an irrigation guide with the participation of all stakeholders under this policy. 2.6.10 In order to increase the national experience in the construction and management of multi-purpose plans, arrangements will be made to operate on the basis of proportional investment and return utilization of irrigation, electricity and drinking water. 2.6.11 All irrigable land within a watershed or sub-watershed area will be allowed to take water for irrigation purposes only after separating the required water. 2.6.12 The Irrigation Department will do the work related to the conservation of existing irrigation structures and declared irrigated areas. 2.72.7 Irrigation Service Charges and Other Measures of Income Source 2.7.1 The minimum irrigation service charge for each crop will be determined based on the average agricultural production to be grown after irrigation service is available. 2.7.2 The user of irrigation service shall pay the minimum irrigation service fee to the operator at the prescribed rate. In this way, if the service fee to be paid by the consumer is not paid within the specified period, it will be charged according to the prevailing law. Consumers who do not pay the service fee will be deprived from using the service. 2.7.3 The rate of irrigation service fee above the minimum for each wali can be determined by the director on the basis of the irrigated area based on the advice and consent of the consumer organization as well. Such rate will be changed after passing by the general meeting of the consumer organization. 2.7.4 Records declared as irrigated areas will be made available to all relevant agencies. The prior consent of the Ministry of Water Resources will be necessary for the construction of new developments in such irrigated areas. Irrigation service fee when the ownership of the land in the declared irrigated area is transferred, mortgaged, mortgaged or sold or dealt with in any other similar manner and when the property of that land is paid etc.Arrangements will be made to carry out such works only after making sure that the amount has been paid. 2.7.5 The consumer organization shall be responsible for collecting irrigation service fee from each consumer for providing irrigation service in the system operated under joint management. The right of the consumer organization to collect such service fee will be legally ensured. The amount raised in this way will be kept by the concerned consumer organization as mentioned in Schedule-2 in proportion to the managerial participation of the consumer organization and the remaining amount will be deposited in the Central Maintenance Fund to be established under the Irrigation Department and the revenue of the Government of Nepal. 2.82.8 Maintenance and system operation 2.8.1 During the construction, expansion, renovation and improvement of the project, water will be distributed proportionately based on the irrigated area. 2.8.2 Maintenance, maintenance and regular cleaning of the transferred irrigation system will be the responsibility of the consumer organization. 2.8.3 In view of the seriousness of the technical problem, if there is a demand for consultancy service in any maintenance work, the Irrigation Department will provide such service. 2.8.4 In the unlikely event that there is a major loss in a system beyond the control of the consumer, the Government of Nepal will provide relief assistance to the extent of restoration of such system. 2.8.5 Maintenance of systems under joint management will be done in accordance with the agreement. 2.8.6 If the amount as per schedule-2 is not enough to repair, maintain and operate the canal system, the consumer organization can collect necessary additional service charges. 2.92.9 Individuals, groups or non-governmental organizations 2.9.1 Organizations or individuals that build and operate projects with private sector investment may develop such projects and provide paid services through a permit. 2.9.2 The Government of Nepal will guarantee complete freedom of operation to the system traditionally run by local farmers. 2.10 Accountability and Responsibilities 2.10.1 Irrigation Department and consumers by adopting transparency in construction, operation or management of projects.After a formal agreement is made so that the work, duties and rights of the organization are clear, the Government of Nepal will invest in the project based on that. 2.10.2 If the consumer suffers a loss due to the failure of the Government of Nepal to fulfill its responsibilities in accordance with the contract, the consumer organization can demand compensation in accordance with the contract. 2.10.3 If the consumer organization does not complete the work to be done in accordance with the contract within the time specified in the contract, the Government of Nepal may suspend the investment and withhold the amount deposited by the consumer organization and the consumer organization will be notified of the decision to withhold the amount without delay. 2.10.4 Under this policy, the Irrigation Department will be responsible for developing comprehensive, large and medium irrigation projects that are deemed appropriate from a technical, economic, social and environmental point of view. In accordance with the principle of decentralization, arrangements will be made to develop small projects through consumer organizations and local bodies. In the course of irrigation development, training programs will be conducted to gradually increase the role of local bodies to enhance their capacity. However, the Irrigation Department will implement and manage the underground water source irrigation and new technologies even if the irrigation projects are less than 25 hectares. The project/system will be completed. For this, the necessary public awareness will be enhanced at the government, non-government and local levels. 2.11.2 Environmental impact assessment or preliminary environmental testing as needed, based on the public hearing regarding the negative impact of the project on the environment. 2.11.3 Using all the water from a river/watershed for irrigation will ensure that there is no negative impact on the local biological diversity, leaving the minimum required water in such rivers/watersheds and only the remaining water will be used for irrigation. 2.11.4 Negative impact on the environment In addition to proper use of water in irrigation, it is related to water qualityMonitoring, study and research activities will be conducted. 2.11.5 Within the irrigation area, maintenance of the project will be included in the cost of maintenance work to protect the irrigation system from damage caused by river erosion, flood, flooding, etc. 2.12 Technology development and technical manpower 2.12.1 In addition to effective use of available resources, structures and technology, for the expansion of irrigation facilities even in marginal agricultural land, the combined use of underground and surface water resources and modern systems such as fountains, lakes and ponds and drip irrigation It will be developed and expanded. 2.12.2 The existing irrigation development experience and knowledge in the country will be included in the formal education system as well as the institutional development of training, research and efficiency in the government, community and private sectors will be supported. 2.12.3 In all kinds of projects, new technology and capacity development will be implemented with special importance. To achieve this, the Irrigation Department will prepare and publish updated basic statistics every year. 2.12.5 During the feasibility study of each project, the need for training, research, monitoring, evaluation, etc. will be identified and appropriate budget and human resources will be arranged. 2.13 Coordination with other agencies 2.13.1 Ownership, responsibility and responsibility for the use of trees and other assets in the area covered by the irrigation structure shall be in accordance with the prevailing laws. 2.13.2 Increasing the involvement of the local non-governmental sector in the necessary research, study and training for the sustainable development of irrigation, the institutional development of the private sector will be supported. 2.13.3 For potential irrigation development at national, regional and district levels, the statistics of water flow capacity of different river valleys will be updated in coordination and cooperation with the Department of Water and Meteorology. 2.13.4 Introduction of the project to link the irrigation development program with the agricultural development programClose operational unity and coordination will be maintained between the district, regional and central offices of the Irrigation Department and the Agriculture Department, from selection and selection work to implementation, monitoring and evaluation work. 2.13.5 Each Irrigation Division or Sub-Division will manage irrigation in a system that can provide irrigation services throughout the year, with active users, in association with the Agriculture Department. 2.14 Monitoring and Evaluation 2.14.1 A Central Irrigation Monitoring Committee including representatives of the National Irrigation Water Users Federation will be formed to monitor and evaluate the sustainable and reliable irrigation services. During such evaluation and monitoring at the regional and local level, representatives of consumer organizations at the same level will also be included. 2.14.2 The work of strengthening the institutional aspect of the monitoring and evaluation system will be continued by updating the geographical and managerial information system as required at every level of irrigation program implementation. 2.14.3 While monitoring the services provided by the irrigation system, the amount of water, water density, production growth, economic status of the consumer organization and the changes in the work area will be considered as the basis. 2.15 Miscellaneous 2.15.1 Keeping in view the timely utilization of underground water resources reserves, appropriate arrangements will be made for the protection of such reserves. For that, organizational improvements will be made as determined by the water resource strategy. 2.15.2 Special concessions will be provided on the tariff of electricity used in underground water sources and lift irrigation. 2.15.3 The practice of annually awarding one best consumer organization within each development area will be initiated. 2.15.4 Irrigation Development Fund will be established and its management will be started to move the nation towards self-sufficiency towards the development and expansion of irrigation services. 2.15.5 In order to organize all information related to irrigation in an up-to-date manner, a library will be established under the Irrigation Department and converted into a modern information system. For this, all irrigation divisions, sub-divisions, fThe field offices will update the irrigation details of the subordinate districts or basins annually. After monitoring this work, the Irrigation Department will publicly publish "Nepal Irrigation Status" every year. 2.15.6 Emphasizing the aspects of technology transfer and internal manpower development, priority will be given to plans with minimal involvement of foreign consultants. 2.15.7 For the construction and management of canals, culverts and culverts, if the consumer organization imports heavy equipment to be used for that purpose, import duty will be exempted. 2.15.8 This policy shall be updated as and when necessary within five years from the effective date