Cross River State Water Supply and Sanitation Policy

Final draft

WATER SUPPLY & SANITATIONSECTOR REFORM PROGRAMME

CROSS RIVER STATE TECHNICAL UNIT

TABLE OF CONTENTSLIST OF ABBREVIATIONS/ACRONYMS………………………………….………………3

PREFACE…………………………………………………………………….………….……..5

EXECUTIVE SUMMARY…………………………………………………………….……....6

1. INTRODUCTION………………………………………………………………....…..9

2. DEFINITION OF TERMS……………………………………………………...……12

3. CROSS RIVER STATE CONTEXT…………………………………………………15

4. PRESENT SITUATION OF THE STATE WSS ………...……………………..…...19

5. EXISTING INSTITUTIONAL FRAMEWORK FOR THE WSS SECTOR……......24

6. THE NEED FOR POLICY…………………………………………………………..27

7. THE NEW POLICY VISION, GOAL, OBJECTIVES AND TARGETS………......30

8. FUNDAMENTAL PRINCIPLES AND GUIDELINES FOR THE CROSSRIVER STATE WSSN POLICY……………………………………………………32

9. POLICY STATEMENTS…………………………………………….……….....…..35

10. POLICY COMPONENTS AND IMPLEMENTATION STRATEGY……..…...…40

11. REFORM OF THE INSTITUTIONAL ARRANGEMENT:- NEW ROLES AND RESPONSIBILITIES……………………………………………………….......….52

12. LEGAL IMPLICATIONS OF THE NEW POLICY……............……….…..….....64

2

LIST OF ABBREVIATIONS/ACRONYMS

BLF Bread of Life Development Foundation

CRS Cross River State

CRSWBL Cross River State Water Board Limited

CRBDA Cross River Basin Development Authority

CDA Community Development Association

DRA Demand Responsive Approach

ESA External Support Agencies

EU European Union

FGN Federal Government of Nigeria

FMA&WRD Federal Ministry of Agriculture, Water Resources, and Rural

Development

M & E Monitoring and Evaluation

LGA Local Government Authority

IWRM Integrated Water Resources Management

NGO Non Governmental Organization

NWSP National Water Supply and Sanitation Policy

MDG Millennium Development Goal

NEEDS National Economic Empowerment and Development Strategy

O & M Operation and Maintenance

PPP Private Public Partnership

SEEDS State Economic Empowerment and Development Strategy

STU State Technical Unit

RUDA Rural Development Agency

RWSS Rural Water and Sanitation Sector

RUWATSSA Rural Water Supply and Sanitation Agency

UfW Unaccounted for Water.

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WASH Water, Sanitation and Hygiene

WASHCOM Water, Sanitation and Hygiene Committee

WES Water and Environmental Sanitation

WCA Water Consumers Association

WUAs Water Users Associations

WIMAG Water Investment Mobilization and Application Guidelines

WSS Water Supply and Sanitation

WSSSRP Water Supply and Sanitation Sector Reform Programme

4

PREFACE

During one of the several stakeholders’ consultations that preceded the development of this draft

Water Supply and Sanitation Policy, a participant commented that Cross River State (CRS) is

one of the foremost reforming states in Nigeria, and its Government is most willing to adopt best

National and International developmental practices.

This statement aptly amplifies the need for a Water Supply and Sanitation Policy in CRS, as its

absence could be interpreted to mean either that the CRS has not yet prioritized the development

of the sector or does not have the political will to articulate how the sector should be developed.

The development of a Water Supply and Sanitation Policy is generally regarded as one of the

most important phases of the water reform process as it provides the basis for legislative and

institutional reform, and the preparation of strategic water resources development plans. A Policy

document typically sets out the framework for the sector - the guidelines as to how development

should take place in a socially responsive, economically sound, and environmental friendly

manner.

The development of this Water Supply and Sanitation policy for CRS will therefore guide the

State Government and other Stakeholders’ actions on water supply and sanitation issues,

promote accountability and transparency in water supply service delivery in the state, solve the

problems of cost recovery and operational performances of State owned service providers,

internalize national and international policies, principles, and approaches, and provide a

framework for legislative reform.

This document which is the final draft of the Cross River State Water Supply and Sanitation

Policy has been subjected to several stakeholders’ reviews to ensure that it is people-driven and

centered, and thoroughly reflects the wishes and aspirations of all stakeholders in CRS, as well

as addressing the needs and challenges of developing the water and sanitation. It is expected that

the review of the WSS policy will be a continuous process to accommodate the dynamics of

societal and human growth, and development.

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EXECUTIVE SUMMARY

This Cross River State Water Supply and Sanitation draft policy was developed with the support

of the European Union Water Supply and Sanitation Sector Reform Programme (EU-WSSSRP)

Cross River State Technical Unit in Cross River State. It builds on earlier efforts to develop a

WSS policy for the state; these are the ‘Cross River State Urban Water Sector Policy’, June1,

2005 which will cease to be in effect by May 31, 2010; and the Proposed Rural Water Supply

and Sanitation Policy, 2006.This draft policy, unlike the previous attempts, is broader in scope as

it encompasses WSS issues both for the urban, small towns and rural sectors. Also the process of

its development was more participatory as it benefited from stakeholders inputs.

This policy seeks to correct identified lapses in the Institutional framework for the delivery of

WSS services in the state and generally sets out guidelines for the development of the sector.

The document consists of twelve chapters, including a discussion on the National Water Supply

and Sanitation Policy, a brief on the present WSS situation in CRS, existing institutional

framework for WSS service delivery, identified lapses in the present institutional framework, the

need for a WSS policy, key principles of the WSS policy, policy statements, policy components,

policy strategies and implementation guidelines. Also included are recommendations for

institutional reforms, roles and responsibilities for WSS institutions, and legal implications of the

new policy.

This draft policy domesticates the National Water Supply and Sanitation Policy within the State,

and its development is driven by local water and sanitation stakeholders, whose inputs (gathered

through several participatory meetings), have been widely reflected. The contents of this policy

are also informed by the CRS Vision 20:20:20 and CRS SEEDS-2, which are documented long

and medium term strategies for developing the state. This study also benefited from an earlier

assessment study of the ‘Institutional Framework for Water and Sanitation provision in Cross

River State’, conducted by Dr. Akpama M. Akpama in 2007 and carried out in collaboration with

the Cross River State Water Supply and Sanitation Sector Reform Team (WSSSRT)-the

institutional platform for stakeholder consultation.

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The WSS shortcomings that this policy seeks to address are the lack of an appropriate structure

for the coordination of the sector in CRS, the lack of regulatory mechanisms that could serve as

an umpire between service providers and consumers as well as the vetting of Public Private

Partnership contracts introduced by public water and sanitation agencies, the need to coordinate

the rural water supply service delivery functions of both the the Rural Water Supply and

Sanitation Sector Agency (RUWATSSA) and the Rural Development Agency (RUDA), and the

inability of the CRSWBL to recover its operation and maitenance costs through its revenues and

hence its failure to achieve a good measure of autonomy. Other important issues addressed in

this policy are the non commercialization of the CRSWBL operations, the high failure of

boreholes constructed in rural areas, the non adoption of Integrated Water Resources

Management (IWRM) principles for sector development, and the existence of various absolute

water laws which are obsolete or hinder the capacity of sector institutions to deliver services

effectively.

a. This draft WSS policy for Cross River State, is based on the principle that water is a

social good, an economic good, as well as an environmental good. Therefore its use and

management should be integrated within social, economic, health, agricultural,

educational, and environmental factors.

b. The policy also recognizes the fact that Water Supply and Sanitation (WSS) service

provision, policy formulation and regulatory function are three distinct responsibilities

and their separation will remove much of the existing overlaps, confusion and gaps and

thus accelerate improvement in water supply and sanitation delivery.

c. The draft policy is also informed by the need for WSS urban institutions to adopt a policy

of sustainable cost recovery for the financing of its publicly owned water and sanitation

agencies. An implication of this is that the Water Board would aim to obtain revenue

sufficient to cover its recurrent costs (operating and maintenance) and it should develop

sustainable long-term cost recovery policies, anticipating all future cash flow needs. It

should be added that sustainable cost recovery includes operating and maintenance cost

as well as the cost of renewing existing infrastructure.

The major highlights of the policy are:

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a. The establishment of the Cross River State Ministry of Water Resources that will take

over the functions of the Department of Water Resources of the Ministry of Works

regarding Water Resources Policy formulation & analysis, Planning, as well as

Monitoring & Evaluation; and coordinate the activities of the CRSWBL and the

RUWATSSA.

b. A cost sharing arrangement for capital Investments and Operation and maintenance cost

of projects financed by Government Agencies and External Support Agencies are

itemized in the policy;

c. The establishment of the Cross River State Water Regulatory Commission whose

functions shall include development of standards and norms for Consumer service, Water

quality, Tariff regulation, Licensing and Promotion of private sector partnerships;

d. The need to create a Small Towns Water Supply Agency (STOWA) as soon as financially

feasible to deliver Water supply services to small towns on the basis of the Demand

Responsive Approach and Community Ownership and Management. In the interim, this

policy provides that the CRSWBL should strengthen its capacity to deliver water supply

services to small towns in the state on the basis of the Demand Responsive Approach and

Community Ownership and Management.

e. Making the Rural Water Supply and Sanitation Agency more autonomous and

transferring the RWSS functions of the Rural Development Agency to the RUWATSAA.

f. Local Government Councils should take up the responsibility of providing Sanitation

facilities in public places in urban towns, small towns either directly or through Public

Private Partnership

g. The CRS Water laws should be reviewed to accommodate new policy changes.

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CHAPTER 1 INTRODUCTION

1.1. Background

In June 2005,the Cross River State Water Board Limited (CRSWBL) developed the ‘Cross

River State Urban Water Sector Policy’, which had a five year life span (June 1, 2005 to May 31,

2010), at the end of which it should be ‘reviewed and revised as the situation warrants’. The

major highlights of that sub sectoral policy was the categorization of customers into Domestic,

Commercial and Institutional, Industrial, and Kiosks segments; service standards for household

and commercial connections; financial and tariff policy, subsidy policy, policy on Public Private

Partnerships; Urban Wastewater policy; and composition of the Utility Board of Directors.

The development of the ‘Cross River State Urban Water Sector Policy’ in 2005 was followed by

the development of the ‘Proposed Rural Water Supply and Sanitation Policy’ in 2006 by the

Cross River State Rural Water Supply and Sanitation Agency (RUWATSSA). The document

which largely drew inspiration from the 1992 National Rural Water Supply Sector Strategy and

the State Rural Water Supply Sector Strategic Framework, highlighted the policy goals,

objectives and critical requirements for development of Rural Water Supply and Sanitation

Sector; programme strategies for the RWSS; Cost sharing arrangements, Institutional structures

for programme Implementation and management, Technological options for RWSS;

Documentation and Communication strategy; and Monitoring and Evaluation plan.

To build on these earlier efforts, the European Union Water Supply and Sanitation Sector

Reform Programme (EU-WSSSRP) acting through the State Technical Unit in Cross River State,

on Monday February 1, 2010 commissioned the Bread of Life Development Foundation, a

Nigerian water and sanitation consultancy firm to assist the Cross River State Water sector reform

team to develop the Cross River State Water Supply and Sanitation Policy as well as outline the

strategy for policy implementation towards creating appropriate enabling water sector

legislation.

9

The overall objective of this assignment is to provide an improved framework for water and

sanitation sector governance within the Cross River State, while the specific objective is to

contribute to the preparation of the CRS WSS policy as a tool for strengthening the sector

governance framework. The aim is to facilitate sustainable development of the State water

supply and sanitation, through comprehensive, flexible and coherent policy mechanisms for the

urban and rural and small town’s sub-sectors.

1.2. National Policy and Legal Framework

The most important legislation in the Water and Sanitation remains the Water Resources Decree

101 of 1993, while the most important policy document is the National Water Supply and

Sanitation Policy, which was drafted in 2000 (FMWR, 2000). A draft of an IWRM compliant

National Water Resources Bill has however been finalized and it is expected to repeal and

replace the Water Resources Decree 101 of 1993.

However, there have been several past and ongoing efforts aimed at reviewing the 1993 Act and

the 2000 policy to meet present demands. In November 2000, the World Bank supported a

process that produced the Water Supply & Sanitation Interim Strategy Note, prepared in

conjunction with the Federal Ministry of Water Resources (FMWR). The strategy Note was

promoted by the Bank as representing a joint vision with the Ministry for sector development,

and lending strategy for the Bank in the water supply and sanitation sector in four segments,

namely, urban, small towns, rural, and water resources management.

In 2001, another World Bank sponsored study produced the National Water Resources

Management Strategy in May 2001 that featured various specialist reports on legal and

regulatory framework, and institutions and trans boundary waters; various drafts of a water

policy culminating in the 2004 National Water Policy; and the Water Resources Management

Policy, prepared under an EU-supported contract in December 2006. In the same year, 2006, a

Draft National Irrigation Policy and Strategy for Nigeria was prepared that draws on the

principles of the National Water Policy.

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At the State level, a model Water Supply Services Regulatory Law has been prepared in

association with the World Bank supported Water Investment Mobilization and Applications

Guidelines (WIMAG initiative). It provides a basis for water supply reform legislation including

establishment of a State Water Regulatory Commission and licensing procedures for water

service providers. States are expected to adopt this legislation, adapted to their individual

contexts as required.

The National Water and Sanitation Policy 2000, aims at promoting provision of sufficient

potable water and sanitation to all Nigerians in an affordable and sustained manner through

participatory investment by the three tiers of Government, the private sector and the beneficiary

communities. The elements of the policy’s objective include: 

a. Ensuring affordability of water supply and sanitation services for the citizens.

b. Guaranteeing affordable access for the poor to basic human need level of water supply

and sanitation services.

The National Water and Sanitation policy states that the reform agenda is based on the following

principles: 

a. Water is an economic good

b. Equity and poverty alleviation

c. Autonomy of Water Supply and Sanitation Services Providers

d. Management at the lowest appropriate level, and Public Participation

e. Policy making and regulatory role of government.

f. The policy makes the supply of adequate water supply and sanitation a right of all

Nigerians

g. It gives responsibility to the three tiers of government, the private sector and the

beneficiary.

h. The need to run water supplies as businesses.

i. It identifies the need for reform and for private sector participation

j. It recognizes the special needs of women and the poor, and the need to link improved

sanitation with water supply

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CHAPTER 2 DEFINITION OF TERMS

a. Access to water: Access to safe water is defined as the availability of potable water of at least

30 litres per person per day, located within 250-500 meters of every household. Access to

safe drinking-water also includes coverage which refers to the percentage of the population

accessing "improved" water sources.

b. Access to water supply is not merely dependent on the existence of a water source.

Therefore, when assessing people's level of access both to water supply and sanitation, it is

important not to restrict this only to issues of distance to a source and density of users, but it

further involves a range of other aspects such as:

Regularity: how frequently is the service available to people and when;

Sufficiency: how much water is available per person (the level of service);

Affordability: how much do people have to pay for the service, particularly in

relation to their income; Can they afford it?

Quality: what is the quality (of water and sanitation facilities) of the service

available; and,

Safety: how safe and culturally acceptable is the access to and use of facilities,

especially for women and children who must rely on facilities outside the household

(e.g. public toilets).

c. Affordability: The extent to which prices (e.g., water supply and sanitation) are within the

financial means of users is important. This is an important consideration in service planning

relating to choice of service level and pricing. Affordability measures relate to average

household water charges to average household’s income. The standard measurement is that

households are not expected to spend more than 5% of income on water and sewerage.

d. Community: The people living in a particular place and usually linked by common

interests.

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e. Cross-Subsidy: A pricing strategy in which some users pay below average tariff

(subsidized), while others pay above average tariff (subsidizers). Cross subsidies are

commonly used in the water and sanitation sector in an attempt to provide basic services at

low or no cost to the poor.

f. Demand-Responsive Approaches: An approach to infrastructure service planning in which

households or communities select a level of service that corresponds to their needs,

preferences, and ability to contribute both to initial capital costs and ongoing operation and

maintenance.

g. Independent Providers: Private entrepreneurs who provide, for example, water supply or

sanitation services to customers for negotiated prices. Contrast with public utilities or

agencies.

h. Kiosk: A stationary vending location, typically staffed by an attendant, where water is sold

or distributed by the container.

i. Latrine: a receptacle (as a pit in the earth) for use as a toilet

j. Pour-flush toilet: a type of latrine where a water seal trap is used to prevent smells and to

check flies and mosquitoes. It is used where water is the common form of anal-cleansing

k. Integrated water resource management:

l. IWRM is a process that promotes the coordinated development and management of water,

land and related resources in order to maximize the resultant economic and social welfare in

an equitable manner without compromising the sustainability of vital ecosystems.

m. Service delivery

Rural water supply-This represents settlements with population of less than 5,000 with

minimum supply standard of 30 litres per capita per day.

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Small town’s water supply- This represents settlements with a population of 20,000- 50,000

with a minimum supply standard of 80 litres/capita per day.

n. Urban water supply-A town with a population exceeding 20,000. 120 litres per capita per

day or urban areas with population greater than 50,000 inhabitants.

o. Sewage, Sewer, Sewerage: Sewage is the effluent in a pipe network. Sewer is the conduit

- usually a pipe - used to carry off water and waste matter. Sewerage is the complete

system of sewers

p. Subsidies: a grant by a government to a person or company to assist an enterprise, generally

to supplement the low income in securing services.

q. Standpipe, Stand post: A pipe riser with a tap (faucet) used as a source of water, usually

located publicly.

r. Ventilated Improved Pit latrine (VIP) a dry latrine system, with a screened vent pipe to

trap flies and often with double pits to allow use on a permanent rotation basis. Considered a

safe, hygienic means of excreta disposal.

Willingness to pay: A measure of demand for particular levels of water supply and/or sanitation

service.

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CHAPTER 3 CROSS RIVER STATE CONTEXT

3.1. Introduction

Cross River State was originally part of the then Eastern Nigeria region, in May 1967,

and nine years later it was renamed Cross River State.

The present Cross River State came into being on 23rd of September, 1987, when the then Federal

Military Administration restructured the country from its nineteen states to twenty-one,

Akwa Ibom State also was carved out from the former South Eastern State structure.

3.2. Geography

Cross River State lies between latitude 40. 28’ and 60.55’ North of the Equator and longitude 70. 50’

and 90. 28’ East of the Greenwich meridian. It shares common boundaries with the Republic of

Cameroo

n in the East, Benue State in the North, Ebonyi and Abia State in the West, Akwa Ibom State in the

South West and the Atlantic Ocean in the South. Cross River State is located within the tropical

rainforest belt of Nigeria. The State, as it is presently constituted, has a land area measuring about

23,074 square kilometers, with a population density of 20 per square kilometer.

3.3. Population

The population of Cross River State is about 3.0 million in 2004, 50.03% males and 49.97% females.

The State capital is Calabar, a city with a population of 472,702, and best known for its environmental

cleanliness.

Cross River State is mainly an agricultural State. About 75% of its people engage in subsistence

farming. The people’s income level is exceedingly low and poverty is endemic with over 70% of the

population living below the international poverty line of US$ 1 a day. To give boost to the economy,

and raise the standard of living of the people, tourism development has become a central focus of

Cross River State Government. This found expression to the establishment of TINAPA Project and the

upgrading of Obudu Cattle Ranch Resort to world class tourism centres.

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3.4. Climate, Vegetation and Drainage

The state records heavy rainfall during the wet season (April – November). The favourable climate of

tropical humid, dry and wet seasons give rise to rich agricultural lands, thus encouraging both

perennial and annual crop cultivation.

The State capital and the older towns of Ogoja, Obudu, Ikom and Obubra are served with piped water

from boreholes manned by the Cross River State Water Board. The vast majority of rural people obtain

water for domestic use from streams, rivers and wells.

3.5. Political Structure

There are three Arms of Government in the State; the Legislature, the Executive, and the Judiciary.

Also, there are 18 Local Government Councils (LGCs) operating as sub-political structures in the

State.

Executive powers reside in the Executive Council that comprises the State Governor (as Chairman)

and the Deputy Governor who are elected for a re electable tenure of 4 years. The Governor appoints

other members of the State Executive Council; the Secretary to the State Government, Commissioners,

Special Advisers, the Head of Service, the Chief of Staff and the Deputy Chief of Staff, with

Permanent Secretaries occasionally in attendance.

The Executive arm is concerned with governance and implementation of programmes of government

as appropriated for by the Legislature. Directly under the Executive Council is the State Economic

Management Team that examines key issues of fiscal governance and makes proposals for

consideration by the Executive Council, which has its meetings on a weekly basis.

There are State Ministries, Extra-Ministerial Departments, Parastatals, and Agencies of the State

Government (commonly called State MDAs). These are headed by Commissioners, Special Advisers,

General Managers, Director-Generals, Executive Secretaries or Directors as the designation may

apply.

16

The legislative power in the state lies with the State House of Assembly (SHA) composed of elected

constituency members and assisted by support staff. Cross River State House of Assembly has 21

members who are elected for tenure of 4 years to represent the 21 State constituencies.

The State House of Assembly ( SHA) has the Speaker, Deputy Speaker, House Leader, Chief Whip,

and House Committee Chairman as key officers. The Legislature has oversight function over the

Executive arm, and the 18 Local Government Councils (LGCs) of the State. The SHA is legally

empowered to make laws, appropriate public funds for spending by the Executive arm, and monitor

public spending to ensure accountability.

The State Judiciary adjudicates on criminal and civil matters, interprets laws, and provides legal

authorization to transactions and documentations.

The State Judiciary has the State Chief Judge appointed by the Governor as its head, and there are sets

of hierarchically arranged courts; State High Courts, Magistrate Courts, and Customary Courts. There

are also Special Courts, such as Revenue Courts, Sanitation Courts to serve specific purposes.

The Judiciary preserves the sanctity of the rule of law by interpreting the laws (where there are

conflicts) and settling disputes (thereby ensuring equity and justice).

There are eighteen Local Government Councils in the State, each headed by an elected Chairman. The

Local Government Councils are: Abi, Akamkpa, Akpabuyo, Bakassi, Biase, Boki, Calabar

Municipality, Calabar South, Etung, Ikom, Obanliku, Obubra, Odukpani, Ogoja, Yakurr, and

Yala.

The 18 Local Government Councils (LGCs) have Executive and Legislative arms. Executive powers

reside in the Executive Council headed by the Chairman, and assisted by the Vice Chairman. Both

political officers are elected for tenure of 3 years. The chairman appoints Supervisors, Advisers, and

Assistants as the case may apply. Legislative powers reside in the Legislative Council, with

Councillors elected for tenure of 3 years to represent the Electoral wards. Business in the Legislative

17

Council is conducted by Leader and its Officers, as it applies at the level of Local Government

Councils in Nigeria.

3.6. Water Resources

The major sources of water in the state are rainfall, surface water, subsurface water, and pipe borne

water. The Mean Annual Rainfall is put at 1760mm in the northern part of the state and 3100mm in the

southern part of the state. Studies shows that about 34million cubic meters of water can be drawn from

surface and subsurface sources. The ground water potential within the southern flank of the state is

very good as it is tapped from the sandy aquifers. The central part of the state has fair ground water

potential. The sources here are principally secondary aquifers within the basement of complex rocks

and the cretaceous hard sediments. Generally, water resource development from the subsurface is

encouraging.

18

CHAPTER 4PRESENT SITUATION OF WATER SUPPLY AND

SANITATION IN CROSS RIVER STATE

4.1. Access to Water Supply Services

Statistics on WSS coverage in Cross River State is not available, because of inadequate data. It

is generally believed that services reach about half of the population for potable water and about

a third for sanitation. Large numbers of urban dwellers in Cross River State lack access to

potable water supply. Generally, access is low and is thought not to exceed 40%., making it

possible for water borne diseases to be prevalent in certain areas of the state. Access to safe

drinking water and sanitary means of excreta disposal is still very low in the rural areas of Cross

River State, estimated at 38% for water and 35% for sanitation. According to the Knowledge,

Attitude and Practices (KAP) studies done by the Federal Ministry of Agriculture and Water

Resources and UNICEF in 1995 and 1999, most communities listed water as their major

problems .

The CRS Government through the CRSWBL, Rural Water Supply and Sanitation Sector Agency

(RUWATSSA) and Rural Development Agency (RUDA) remains the most important Water

Supply promoters in Cross River State. Others include the Cross River Basin Development

Authority, External Support Agencies (ESAs) such as European Union, and UNICEF, Local

Government Councils and NGOs like GRADO, Tulsi Chanria Foundation, and Concern

Universal.

4.2. The Urban utility: the Cross River State Water Board Ltd (CRSWBL) currently has the

capacity to produce 166,000 m3/day and mainly serves the areas of Calabar, Akamkpa and Ugep

/ Ediba with a total urban population of 563,000. It has a total pipe network of 538 kilometres,

25 reservoirs, and three Treatment Plants and intake works. CRSWBL supplies about 80% of

urban areas in the State with water through 14,000 service connections.

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CRSWBL is currently only utilising about 40% of its production capacity due to its inadequate

distribution system, unreliable power supply and poor infrastructural maintenance. Further

infrastructure is being developed in other areas within the State, to increase production to

187,000m3/day by 2011.

Total urban water demand in the State is estimated to be 197,000m3/day. CRSWBL operates

mainly through generating plants and uses PHCN power supply as stand by. This increases the

cost of operating cost as running on Generators is about three times the cost of running on public

power supply

Water Supply is still regarded primarily as a State responsibility and the Government supports

the operations of the CRWBL to actualize this vision. Government provides grants only for

capital costs, while operations and maintenance costs are wholly borne by the board.

However, the CRSWBL has introduced a Public-Private Partnership (PPP) arrangement, under

which a French firm- Messrs Ortech Nigeria Ltd and Ortech UK have been contracted to manage

the functional schemes in Calabar, Akamkpa and Ugep/Ediba constructed under the AfDB-

funded Water Supply Project. Whilst, this has raised the operational efficiency of the water

board, it has also substantially raised its overheads. The high cost of running the CRSWBL water

systems on diesel powered generators 24/7 coupled with the high administrative cost of

maintaining the PPP management contracts are believed to be largely accountable for the inabilty

of the CRSWB to break even on its O and M and make profits up till date.

In Cross River State, several Independent Service Providers in operation provide water supply in

tankers for households mainly in residential estates, construction companies and industrial sites.

The CRSWBL through contractual agreements, engages several private firms to manage water

Kiosks, mainly located in low income areas in Urban centres. In Ogoja consumers buy from

private borehole suppliers as the CRSWBL system does not provide water due to disconnection

from the PHCN. There are also a significant number of small scale Independent Service

Providers, producing sachet water popularly known as ‘pure water’.

20

Even though CRSWB is required to operate commercially, it does not have sufficient customer

connections to increase its revenues, and for its present consumers it is not able to increase its

water rates to recover enough revenues to cover its O and M cost. For water supplied by the

CRSWBL, tariffs are currently fixed at N120.00/m3 ($0.80), having been increased from

N50.00/m3. For CRSWB water managed private firms, water is supplied to the kiosk operators

at N65.00/m3, and they in turn sell to low income consumers at N5.00 per container of 20 litres.

This is increased to N20.00 by the kiosk operators when they use diesel power. In Ogoja

consumers buy from private borehole suppliers as the CRSWBL system does not provide water

supply due to disconnection from the PHCN.

In the absence of a Regulatory Commission, tariffs are recommended by the utility with

assistance from its partners, sent to the Governing Board for approval and then to the Executive

Council for final authority to implement.

Cross River State Water Board Ltd (CRSWBL) Water Scheme

Surface Water Schemes Motorized Boreholes Hand pumps

Functioning

Not

Functioning Functioning

Not

Functioning Functioning

Not

Functioning

4 4(50%) 79 206 (72%) 258 580 (69.2)

CRSWBL at a glance

Current total Operational

capacity

100,000m3 daily

Water production 5,622,069 (2008) 5,604,820 (2009)

Diesel Consumption 987,431 (2008) 764,520 (2009)

PHCN Consumption 759,250 (2008) 1,134,840 (2009)

Total Revenue 219,742,841 (2008) 336,487,781 (2009)

21

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The ongoing World Bank assisted Second National Urban Sector Reform project

(NUWSRP II) for Calabar urban areas Densification works (now near completion) and

Rehabilitation works for Ikom, Ogoja and Obudu.

Hong Kong Shanghai Banking Cooperation (HSBC) assisted water supply projects for

Itigidi, Obubra and Okpoma.

The EU WSSRP Programme which is assisting the design and financing of urban water

supply projects in Odupani and Yakurr; and small town and rural projects in Odupani,

Yakurr, Obubra, Etung, Boki. The rural projects are being carried out in association with

Cross River State RUATSSA

4.3 Rural Utility- RUWATSSA has 4 drilling rigs which have broken down for lack of funds

to repair them. The RUWASSAs work in collaboration with the UNICEF assisted WASH

programme to deliver improved sanitation as well as water supplies. The Cross River

RUWASSA also receives technical assistance and some matching funds for scheme

implementation from the EU Water Supply and Sanitation Reform Programme (EU WSSSRP)

Cross River State Rural Water facilities

Type Total Non Functioning Functioning

Motorized BHs 1104 469 635

MBHs 1089 320 769

Improved HDWs 183 26 157

Developed Springs 11 2 9

Established

WASHCOMMS

374 252 122

Source: RUDA/RUWATSSA facility Inventory, 2009

23

CHAPTER 5EXISTING INSTITUTIONAL FRAMEWORK FOR THE

WATER AND SANITATION SECTOR

5.1. Cross River State Ministry of Works

Cross River State does not have a Water Supply and Sanitation specific ministry. The Cross

River State Ministry of Works through its Department of Water Resources, oversees water

related functions, facilitating access to adequate and affordable clean water supply to all the

Citizens of Cross River State in a sustainable manner as well as co-ordinating, monitoring,

harnessing and exploiting the water resources potential in Cross River State for individual

anddomestic purposes. In the absence of this, there is nobody to marshall a plan to develop the

sector, and liaise with both internal and external publics towards achieving set goals and

objectives.

5.2. Cross River State Water Board Ltd (CRSWBL)

Urban Water Supply comes under the purview of the Cross River State Water Board Ltd

(CRSWBL), incorporated in 1998. It was originally established as Water Board, by edict No. 13

of 1975 and its functions are:

a. To establish, control, manage and develop new water works and to extend and develop

existing ones for the purpose of providing water to meet the individual and domestic

needs of the State.

b. To ensure that adequate and potable water is supplied to the consumers at economic

charges, and

c. To conduct such researches as are necessary for the fulfilment of the above functions.

CRSWBL does not implement sewerage activities, but Development agencies implement

environmental sanitation programmes for the urban towns of Calabar, Ogoja, Obudu and Ugep.

5.3. Cross River State Rural Water Supply and Sanitation Agency (RUWATSSA)

CRS RUWATSSA was established by Edict No. 6 of 1991. In 1997 it was merged with the

UNICEF Assisted WES project and brought under the office of the Executive Governor.

24

RUWATSSA provides water in rural areas by constructing mini-water schemes, boreholes fitted

with hand pumps, protected dug wells, rain water harvesters and impoundments of surface water

like streams and springs.

It also carries out repairs and maintenance of broken down facilities, water quality sampling and

analysis, and community mobilization for greater sustainability. RUWATSSA also constructs

VIP and low cost Sanplat latrines and carries out community mobilization, health education and

promotion of safe hygiene at the LGA level for rural communities.

5.4. Rural Development Agency (RUDA)

Rural Development Agency (RUDA) was created in 2007/2008 with responsibility for rural

water, health, education and roads. It has a Board of Directors under the Chairmanship of the

Executive Governor. RUWATSSA is situated within the RUDA and at present there is a loose

administrative arrangement whereby RUWATSSA reports through RUDA to the Executive

Governor

5.5. Local Government Authorities (LGAs)

Local Government Authorities (LGAs) are responsible for the provision of potable water to

rural communities in their area of jurisdiction. They also carry out the function of establishing

and maintaining public conveniences and refuse disposal. Each LGA has a Water Supply and

Environmental Sanitation (WES) Department. The WES Departments encourage and work

closely with the formation of Water and Sanitation Committees (WATSAN) within

communities.

5.6. Inadequacies and Shortcoming of the exiting Institutional arrangement

5.6.1. Absence of a WSS Regulatory Commission: A WSS Regulatory Commission needs to

be set up to regulate the activities of all service providers either state owned or privately

operated. The need for this becomes necessary when the state owned utility intends to enter into

PPP agreements as the regulatory body has the responsibility of vetting contracts and resolving

conflicts. The absence of such a body is obviously a huge gap in efforts to develop the WSS

sector in CRS.

25

5.6.2. Poor WSS coordination: Water Resources is poorly governed in CRS. Perhaps the most

critical issue for policy development is the need for a WSS specific ministry. WSS is presently

under a department in the Ministry of Works

5.6.3. Delivery of WSS services in rural areas- There is an absence of a harmonized and

uniform approach to delivery of rural water and sanitation in rural areas. The WSS functions of

the RUDA clearly duplicate existing activities of RUTWASSA.

5.6.4. Water related Sanitation: There is no agency presently in charge of water related

sanitation in CRS. In urban areas, the best we have are Urban Development Agencies for the

major towns of Calabar, Obudu, Ugep, Ikom and Ogoja but their mandate is more of

environmental sanitation and beautification, than actual sanitation issues. In rural areas,

RUTWASSA is in charge of water related sanitation but its activities needs to be drastically

scaled up.

26

CHAPTER 6 THE NEED FOR POLICY

The challenges of the WSS sector in Cross River, which need to be resolved through policy

development are:

a. Sector regulation (regulation of service provision, standards, pro-poor considerations) -

There is at present no institution in CRS charged with the regulation of services by water

providers- RUDA, RUWATSSA, CRSWBL.

An instance is the case of the CRSWBL; under its Edict the CRSWB reccomends tariffs for

the approval of the State Executive Council. The creation of a regulatory body is a key

requirement for States to access Federal Government funding for the WSS under the draft

Water Investments Mobilisation and Application Guidelines (WIMAG) protocol.

b. Insufficient and unclear definitions of functions and relationship between sector

institutions- There is a need to re-define the mandates of the organisations in the sector, the

CRSWBL Board, RUDA, and RUWATSSA to ensure more effective collaboration, clear

lines of responsibility, and financial sustainability, especially for urban water supply.

c. Sector financing (cost sharing, sustainable cost recovery, subsidies) - The criteria for

sharing cost of WSS projects among the State Government, LGAs,Communities and ESAs,

are yet to be spelt out. The CRSWBL is supposed to be self sustaining, but in reality, is not

yet able to operate sustainably and depends on government subsidies. Moreover, CRSWBL

does not presently have a subsidy policy but implements a flat rate for both high and low

income domestic consumers instead of cross or targeted subsidy.

d. Sector management (utility management, community management, private sector

participation)-The Utility needs to be given autonomy to be able to manage its operations

independently and recover at least its operation and maintenance cost. Autonomy implies the

27

power to appoint/employ and discipline staff, recruit management staff including the

Managing Director on a performance contract basis, payment of incentives for improved

performance, ability to reward staff for increased revenue collection and power to take

decisions of effective management and investment of resources. These shall be tied to

performance contracts particularly for management staff.

e. Institutional framework (sector oversight, co-ordination and collaboration) -Inherent in

the National Water Policy is the requirement for a sector ministry within the States to handle

issues relating to water resources. These ministries will assume policy-making and

supervisory functions and leave implementation to state agencies and the private sector.Cross

River State does not have a line ministry for the WSS sector and rural and urban water

supply bodies are placed in separate agencies thereby hindering effective harmonisation and

coordination. There should be a ministry that has overall responsibility for all aspects of

water resources management, in line with the recommendations of the National Water

Resources Management Framework.

f. Wide mandates of sector institutions-WSS agencies such as the CRSWBL, the

RUWASSA, and the RUDA act both as policymakers, facilitators, regulators and service

providers. There is a need to separate these functions to ensure greater accountability and

efficient service delivery. This is particularly so in the case of rural water delivery, where

RUWATSSA is playing the role of a policy maker (they have drafted a sector policy for

Executive Council approval), facilitator (assisting LGCs to deliver WSS services), regulator

(setting standards and guidelines for the delivery of rural WSS services) implementer

(constructing water and sanitation facilities, proving management and maintenance services

etc), and undertaking monitoring and evaluation of WSS projects.

g. Principles of water resources management -The CRS Water Policy should address the

control and management of water resources in an integrated manner for equitable distribution

and involvement of stakeholders. There is need to protect and sustain the water resources of

the State to guarantee access to it for everyone. Emphasis has to be placed on sustainable

management of water as a limited natural resource, which has competing uses.

28

f. Management of groundwater: The incidence of failure of boreholes in rural areas is high,

so is the indiscriminate manner in which they are being drilled by various parties. Policy

must address the reasons for the high failure including absence of community participation

and ownership in RWSS projects, low depth of boreholes, maintenance costs, and

inappropriate technologies and in some cases over abstraction of groundwater.

29

CHAPTER 7 THE NEW POLICY VISION, GOAL, OBJECTIVES AND

TARGETS

7.1 The Vision

The vision of the Cross River State Government is to create an enabling environment for the

sustainable provision of portable, affordable and sufficient water supply and safe sanitation

services to the people of the state in line with Cross River State Economic and Empowerment

Strategy, the National Water Supply and Sanitation Policy, and the Millennium Development

Goals (MDGs)

7.2. The Objective(s)

The policy objective is poverty eradication, sustainable development and to achieve the MDGs

through increased access to portable, adequate, and sustainable water and safe sanitation services

in Cross River State

7.3. Policy Targets for Water Supply and Sanitation

Cross River State shall strive to put the state on track towards attaining the Millennium

Development Goal 7, target 10 for water and sanitation by the year 2020.

Targets for Water Supply coverage as contained in the CRS SEEDS

2010 2015 2020

Urban Water Supply 40% 60% 80%

Small Towns Water Supply 40% 60% 80%

Rural Water Supply 40% 60% 80%

Targets for Sanitation coverage

2010 2015 2020

Urban 40% 60% 80%

Small Towns 40% 60% 80%

Rural areas 40% 60% 80%

30

7.4. Consumption Standards

Rural water supply-This policy guarantees minimum water supply standard of 30 litres per

capita per day for settlements with population of less than 5,000

Small towns water supply minimum water supply standard of 80 litres per capita per day for

small towns with population of 5,000- 25,000.

Urban water supply-This policy guarantees minimum water supply standard of 120 litres per

capita per day for urban areas with population greater than 25,000 inhabitants.

31

CHAPTER 8FUNDAMENTAL PRINCIPLES AND GUIDELINES FOR

THE CROSS RIVER STATE WSS POLICY

a. Water is a social good, an economic good, as well as an environmental good; its use and

management should be integrated within social, economic, health, agricultural,

educational, and environmental factors.

b. The development of the Water Supply and Sanitation Sector will be accelerated through

the creation of a sector specific ministry to coordinate and harmonize sectoral plans and

programmes

c. WSS service provision, policy formulation and regulatory function are three distinct

responsibilities and their separation will accelerate improvement in water supply and

sanitation delivery. The Cross River State Government shall act as the facilitator, setting

macroeconomic and sector policies that create an enabling environment, ensuring

coordination among stakeholders and overseeing the performance of utilities, to

accomplish its social and economic development objectives. It shall deliver water and

sanitation services through autonomous entities, operating along commercial practices

and enjoying incentives to perform efficiently and to increase coverage.

d. The Water Supply and Sanitation targets can only be achieved if WSS projects are

managed sustainably. Water resources in Cross River State shall be managed at the

lowest appropriate level (appropriate being a function of the specific conditions in the

concerned areas and communities). This will promote consumer appreciation for the

value of water and sanitation investments, and increase the sense of ownership,

willingness of communities to share in the cost of operations and maintenance, thereby

increasing the sustainability of the systems.

32

e. The Nigerian Standard for drinking Water quality should be the standard for monitoring

and measuring water quality and the CRS Ministry of Health should be charged with

Water quality control and monitoring in the state.

f. The creation of a WSS Regulatory agency is essential for effective water and sanitation

services sector regulation

g. All stakeholders should be involved in the development of the Water Supply and

Sanitation Sector through participatory investment by the Government agencies,

Communities, External Support Agencies, and the Private sector; this necessitates the

need for a cost sharing arrangement in Cross River State.

h. The private sector (operators, commercial banks, and consultants), communities, as well

as NGOs shall play a critical role in the planning, design, financing, implementation and

operation of water supply and sanitation systems. To this end, a WSS coordination

meeting of key stakeholders will be institutionalized to strengthen Water and Sanitation

service delivery.

i. The private sector should be encouraged to participate in service provision and delivery

at urban, small towns and rural levels through various PSP options like management

contracts, service contracts, supply contracts, while the assets of the water facilities

should remained publicly owned

j. Government shall have the primary responsibility of financing long term WSS capital

projects, while in the short term, the urban Water Board should be commercially oriented

and granted a degree of political autonomy to be able to recover in the minimum,

Operation and Maintenance cost from their revenues.

k. Water and Sanitation management and development should be based on participatory

approach, involving users, planners and policy makers at all levels; and decisions should

be made at the lowest appropriate level.

33

l. Women are important stakeholders in water resources management and as such all

decisions in the state’s water sector shall be taken from a gender perspective, based on

gender disaggregated data.

m. Water tariffs shall be informed and dictated by production cost, willingness to pay and

affordability factors.

n. Subsidies when considered necessary should be designed and administered with active

participation of the intended beneficiaries.

o. WSS Urban Institutions should adopt a policy of sustainable cost recovery, for the

financing of its publicly owned water and sanitation agencies. This implies that the Water

Board would aim to collect revenue sufficient to cover their recurrent costs (operating

and maintenance) and they should develop sustainable long-term cost recovery policies,

anticipating all future cash flow needs. Sustainable cost recovery includes operation and

maintenance cost as well as the cost of renewing existing infrastructure.

34

CHAPTER 9 POLICY STATEMENTS

9.1. Right to Water

The Cross River State Government believes that access to portable and affordable water and safe

sanitation is fundamental human need, therefore, a basic right.

9.2. Access to Water Supply

Every resident in Cross River state shall have right to access safe sanitation and at least 30 litres

of potable water, every day, within a distance of 100metres; and the State Government shall take

steps to guarantee this right. Cross River State Government believes that water is a social good,

an economic good, as well as an environmental good, therefore its use and management should

be integrated within social, economic, health, agricultural, educational, and environmental

factors. The State WSS will therefore participate actively in the activities of the Cross River

Basin Authority and develop a State IWRM plan for this purpose.

9.3. Water Rights

The ownership of all water resources in the state is vested on the Government, and its use by all

service providers and consumers, shall be directed towards meeting the common goal.

9.4. Minimum levels/standards of supply

The Nigerian Standard for drinking Water quality should be the standard for monitoring and

measuring water quality in the state.

9.5. Sustainability, Pricing and Cost Recovery

Cross River State Government shall support the Water Board Ltd to operate along commercial

lines, adopt appropriate pricing dictated by its cost of production, and implement effective

revenue generation measures to enable it operate sustainably, generating enough internal

revenues to pay for all operational and maintenance costs in the short run; For rural water supply

sustainability Local Government should support RUWASSA and rural communities to operate

their water supply scheme sustainability.

35

The CRSWBL will be given the needed autonomy to ensure it is able to adopt a policy of

sustainable cost recovery whereby it recovers revenue sufficient to cover its recurrent costs

(operating and maintenance) and it should develop sustainable long-term cost recovery policies,

anticipating all future cash flow needs.

9.6. Tariffs and Subsidies

The Water tariff of the CRSWBL shall be dictated by its cost of production; the board shall

implement a policy of cross subsidy and also implement measures to ensure increased efficiency

and reduction of internal wastes. Whilst the CRSWBL will be encouraged to introduce

appropriate pricing, Local Governments shall provide subsidies for the poor either by paying

tariffs directly on behalf of identified poor and vulnerable people or purchasing water vouchers

for them for the purposes of accessing water through water kiosks.

9.7. Metering

The CRSWBL shall take steps to progressively meter all household water connections in the

state. Prepaid meters would be installed on high income Industrial consumers and firms only.

9.8. Demand Management

Cross River State Government will implement effective water efficiency mechanisms to ensure

the equitable and sustainable supply to all users without discrimination.

9.9. Water Financing

Water Supply and Sanitation Sector services shall be provided to all citizens of the State in an

affordable and sustainable manner through participatory investment by the three tiers of

Government, the private sector and the beneficiary communities.

9.10. Community Involvement

Cross River State Government shall promote water supply development and management based

on a participatory approach involving users, planners and policy makers at all levels, and

decisions should be made at the lowest appropriate level.

36

9.11. Serving the poor

The Cross River State Water Regulatory Commission shall ensure that all service providers

conduct a water and sanitation poverty mapping to determine the locations of the poor and

vulnerable people within their distribution areas and design methods of delivering water

subsidies to these consumers. Social kiosks shall be provided in low incomes areas.

9.12. Involvement of the Private sector

Government should encourage Private Sector Participation in service provision and delivery at

urban, small towns and rural levels through management contracts, service contracts and supply

contracts

9.13. Regulatory Framework

Government will separate policy and regulatory function from service provision to encourage

and regulate the sector so as to accelerate improvement in water supply and sanitation delivery.

The sector institutions necessary to accelerate this process will be established.

9.14. Autonomy of service providers

The Cross River State Government shall grant autonomy to the CRS Water Board enabling it to

operate along commercial lines with incentives to provide adequate services that respond to

customer demands and expectations. Water supply and sanitation (WSS) service provision,

policy formulation and regulatory function are three distinct responsibilities and the CRS

government commits itself to removing existing overlaps towards accelerating water supply and

sanitation delivery.

Provision of WSS remains the primary responsibility of the CRS government and towards

achieving this government will continue to provide funds for capital expansion in urban, small

towns and rural areas

9.15. The role of women

Women shall not only have equal right as men in all activities but will be encouraged to take

opportunity that may arise in the sector reform. Women as major stakeholders in water use shall

37

have adequate representation in all aspects of the water sector management. At least 50% of

invitees to all WSS meetings organized by service providers shall comprise women, and the

same percentage of appointive and elective WSS positions by all service providers should be

reserved for women.

9.16. Human Resource Development/Capacity Building

Government shall invest in Human capital development to enable personnel in the WSS sector

deliver services sustainably and effectively through the establishment of a Water Resources

management training school.

9.17. Public Public Partnerships

CRS government shall also promote public public partnerships through twinning programmes

with well performing urban utilities globally to share experiences, and learn best partnerships

9.18. Monitoring and Evaluation

Government shall institutionalize monitoring and evaluation of activities in the water sector to

track progress of changes and to make necessary adjustments required to achieve the desired

outcomes.

9.19. Data gathering and information management

Cross River State Government shall set up a Water Resources data bank for gathering, storing

and managing information on water resources.

9.20. Sanitation and hygiene

All public and private institutions including government offices, companies, schools, religious

bodies, and business offices employing more than five people are expected to provide improved

sanitation facilities within their premises. The Local Government Council should enact bylaws to

give legal backing to the activities of WASHCOMs and WCAs

38

9.21. Environmental protection

Cross River State Government shall ensure that water sources are protected from degradation by

polluting effluents from any source including industrial and agricultural developments, on-site

sanitation facilities and other quarters. No Government agency or non governmental agency

should drill any borehole in the state without conducting geological baseline surveys and

informing the RUWATSSA of its intention.

39

CHAPTER 10 POLICY COMPONENTS AND IMPLEMENTATION

STRATEGIES

The Cross River State Water and Sanitation policy seeks to achieve the following:

a. Increase service coverage for Water Supply, Sanitation and hygiene practices in the state

to meet the level of socio-economic demand.

b. Ensure that Nigerian Standard for Drinking Water quality is maintained by water supply

undertakings.

c. Ensure affordability of water supply and sanitation services for the citizens.

d. Guarantee affordable access for the poor to basic human need level of water supply and

sanitation services.

e. Enhance state capacity in the operation and management of water supply and sanitation

undertaking.

f. Encourage private sector participation in the delivery of water and wastewater services

with adequate protection for the users, particularly the poor.

g. Monitor the performance of the sector for sound policy adjustment and development for

water supply, sanitation, and hygiene practices.

h. Provide for the review of legislations, regulations and standards for WSS

i. Ensure adequate funding for the development of the Water and Sanitation Sector

j. Ensure participatory Investment by all stakeholders for new Investment in the WSS

k. Ensure the fixing of appropriate tariffs that cover production costs, bearing in mind

affordability factors, and set in place mechanisms for effective bill distribution and

revenue collection

l. Achieve Gender mainstreaming in the Water and Sanitation sector at all levels

m. Promote good sanitation practices among the populace

n. Promote use of WSS low cost technology

o. Ensure increased autonomy for the Water Board

p. Ensure empowerment of communities with appropriate participatory methods and

techniques for RWSS.

q. Introduce Demand Responsive Approach (DRA) for Service delivery in rural areas

40

r. Promote Public Public Partnerships through twinning programmes with well performing

urban utilities globally.

10.1. Increase service coverage for water supply, sanitation services and hygiene

throughout Cross River State to meet the level of the socio-economic demand.

To achieve this, the Cross River State Government through the WSS agencies shall:

a. Undertake water supply and sanitation feasibility survey throughout the state to acquire

baseline data for proper investment planning.

b. Finance the rehabilitation and modernization of existing water supply works to restore

them to their optimum operational capacity.

c. Support the expansion of existing urban water supply works to enhance capacities to

meet demand which is far in excess of supply

d. Encourage the repair and renewal of distribution network, and service pipes for all

urban water supply schemes to reduce water unaccounted-for to acceptable level of

about 20%.

e. Swift response to damages in order to save cost and also reduces other environmental hazard.

f. Enhance State, Local Government, and Community capacity in the operation and

maintenance of water supply and sanitation undertaking

g. Encourage the comprehensive metering of all water supply schemes from abstraction

through distribution to consumer connections.

h. Ensure the maintenance of strict plumbing standards and codes for all consumer

property and premises.

i. Vigorously pursue the alternative/supplementary power source of solar power,

particularly for powering pumps as highest priority, and where applicable for the

rehabilitation and construction of borehole based water supply systems.

j. Construct new or extension of water supply schemes to serve the segments of the

population that is not served.

k. Promote improvement of traditional sources of community water supply (protected spring

orifices, protected hand dug well, rain water harvest, etc.).

l. Promote construction and maintenance of Public toilets facilities

m. Promote construction and maintenance of household toilet facilities

41

n. Promote improvement of sanitation (domestic and human waste disposal) facilities

especially in the urban and semi-urban areas.

10.2. Ensure that Nigerian Standard for water quality is adhered to by water supply

undertakings.

The Cross River State Government will develop:

a. A specific policy to ensure the maintenance of water quality conducive to sustained

economic and social development as well as adequate protection of the environment.

b. Establish policy to ensure mechanisms is established to control waste discharges and

manage water quality, including enforcement. It should include both incentives and

deterrents to ensure water quality standards are upheld. Use such measures as the

precautionary principle, the "polluter pays principle" and the setting of receiving water

quality standards.

c. In order to ensure that Nigeria standard for water quality is adhered to by water supply

undertaking, the CRS government will introduce a mechanism to control waste discharges and

manage the water quality, including enforcement etc.

d. Establish clear objectives for the control of discharges and the setting of standards for

water bodies.

e. Pay attention to watershed management in order to control factors such as sedimentation

and diffuse pollution (as well as erosion).

f. Adopt Nigerian Standard for drinking Water Quality the baseline for the state drinking

water quality standard as stipulated for the nation.

g. Make all water works serving 5,000 citizens and above to be equipped with a functional

water quality control laboratory of appropriate capacity.

h. Maintain a State Water Quality Reference Laboratory Network whose duties shall

include carrying out Water quality analysis.

i. Monitor and protect the sources of freshwater water.

j. Monitor the output of water supply undertakings for conformity with drinking water

quality standards.

k. Protect traditional water supply sources and promote quality water quality practices in

conformity with the Nigerian Standard for drinking Water Quality

42

l. Appropriate minimum depth, of wells/boreholes for groundwater supplies should be

defined. for each location and adhered to .

10.3. Ensure affordability of water supply and sanitation services for the citizens.

The Cross River State Government shall implement the following:

a. Water supply service cost reduction measures shall be pursued without compromising the

quality of service.

b. Improved management practice (financial management, operation and maintenance,

abstraction and treatment techniques and control of water sources pollution) shall be

institutionalized to keep the cost to the minimum.

c. Efficiency improvement techniques by water supply undertakings shall be introduced to

reduce cost.

d. All water supply undertakings shall be subjected to performance monitoring and

evaluation program.

e. The State Government shall carry out a Poverty mapping to determine areas and

communities that should benefit from water and sanitation subsidies.

10.4. Guarantee affordable access for the poor to basic human need level of water supply

and sanitation services.

a. Cross River State Government shall sponsor capital investment for rural water supply.

Token community contribution shall be to foster a sense of ownership, a necessary

ingredient for sustainability.

b. The rural communities shall take full ownership of water supply facilities provided by the

state government.

c. Cross subsidy shall be implemented to accommodate the needs of both the rural, small

towns and urban poor.

d. Government shall provide targeted subsidy for the poor where cross subsidy is not

applicable.

10.5. Enhance the state’s capacity in the operation and management of water supply and

Sanitation undertaking.

43

a. Foreign water supply operators shall be encouraged to form joint ventures with private

sector companies when operating in the state.

b. Local manufacture of water supply and sanitation equipment and treatment chemicals

shall be promoted.

c. The Cross River State Government shall patronize the National Water Supply Training

Network (which is at its infancy) and the National Water Resources Institute to support

the training of water supply operatives in the state.

d. Provide technical support for capacity building at State, Local Government and

community levels for the construction of waste disposal facilities.

e. Encourage rapid manpower development through adequate funding of existing relevant

training institutions in the state such as Universities, Polytechnic, Technical and

Vocational Colleges and in-house capacity training of the existing agencies.

f. Establish Water Supply agencies to operate on commercial lines:

g. Encourage and fund research, development and studies in the water supply and

sanitation sub-sector.

h. Encourage and enhance the use of Community Led Total Sanitation and other health

workers e.g Health Worker, Community Tax Force and Sanitary inspectors in CRS.

i. A hygiene improvement framework shall be adopted to ensure the healthy environment.

10.6. Encourage Private Sector participation in the delivery of water supply and

Sanitation services (where feasible) with adequate protection for the poor

a. The Cross River State Government shall create the enabling environment for private

operators to participate in water supply and sanitation services.

b. The Government shall ensure that the proposed Cross River State Water Regulatory

Commission is charged with the responsibility of regulating the activities of publicly and

privately owned water supply and wastewater undertakings.

c. The Cross River State Government shall promote private sector participation in the water

supply and sanitation industry to attract resources for lasting development of the sector.

d. The State Government through the Water Regulatory Commission shall formulate laws

to regulate the activities of the private operators in the water supply and wastewater

44

services to guarantee adequate protection of consumers as well as fairness to the service

provider.

e. Encourage decentralized spare part distribution network through PPP

10.7. Monitor the performance of the sector for sound policy adjustment and

development of water supply and sanitation.

a. Maintain Cross River State Government Monitoring Network for Water and Sanitation

sector.

b. Institutionalize monitoring at both the state, local and community levels.

c. Promote stakeholders participation in monitoring and evaluation.

d. Maintain a state wide Water Supply and Sanitation database.

e. Ensure feedback of information to promote proper planning and policy adjustment.

10.8. Provide for the review of adequate legislation, regulations, standards and laws for

water supply and sanitation.

a. The Cross River State Government shall develop standards on design procedure and

material quality for water supply and sanitation services.

b. Ensure regular review, (every 3-5 years) of all legislations and laws relevant to water

supply and sanitation services to ensure that they meet modern day requirements for

adequate and sustainable water supply and sanitation service delivery.

c. Implement and enforce the provisions of the policy.

d. The Cross river state government shall establish a Cross River Water Regulatory

Commission

10.9. Ensure adequate funding for the development of the Water and Sanitation Sector.

Funding for developing the water, sanitation and hygiene promotion sector in

Cross River state shall generally come from the following sources:

a. Primarily through Budgetary allocations by the Cross River State Government for water

supply and sanitation projects

45

b. The Federal Government of Nigeria through budgetary allocations and/or the Water

Investment and Mobilization Guidelines (WIMAG) funding process for capital projects.

c. Budgetary allocation or Subsidies by Local Governments

d. Grants and Aids by External Support Agencies such as the European Union

e. Formal users, such as households, and businesses.

f. Informal suppliers, such as water vendors operating boreholes.

g. Private companies, either local or foreign.

h. Non-governmental organizations raising funds from voluntary private contributions or

grants from international agencies.

i. Benefiting communities.

j. Local banks and other financial institutions, offering short-term or medium-term loans at

market rates.

k. International Financial Institutions such as the World Bank and the African Development

Bank

l. International aid from multilateral, bilateral sources, or external support agencies

available as loans on concessional terms or grants

m. Environmental sanitation and water revolving funds that may be launched by the state

government

n. Internally Generated Revenues of WSS agencies

10.10. Ensure participatory Investment by all stakeholders.

The cost sharing arrangements for capital Investments and Operation and maintenance

cost for water supply is stated below:

46

Cost sharing for Capital Investment

Agency Urban and Small towns water supply

Rural Water Supply

State Govt. 100% 65%Local Govt. Nil 30%Community 5% for low WS

technologies in small towns5%

10.11. Ensure the fixing of appropriate tariffs that cover production costs, bearing in mind

affordability factors, and set in place mechanisms for effective bill distribution and

revenue collection

a. All water connections in the State shall be metered starting with Industrial and

commercial consumers to household connections.

b. The CRSWBL is expected to charge tariffs that reflect its production cost, while LGAs

may subsidize the cost of access to water supply by the poor and vulnerable by paying

part of the tariffs on behalf of such consumers.

c. Tariff policy shall ensure that the time for the return on investment provides adequate

comfort for the consumer.

d. Tariff policy shall protect the consumer from bearing the additional cost of the

inefficiency of the water supply undertaking.

e. Tariff should be progressive, i.e. large consumers pay more per m3 than smaller users

f. Tariffs of the Publicly owned water service providers in the State shall in the minimum,

cover the cost of production ( including operation and maintenance)

g. Water Tariffs methodologies and parameters shall be e determined by the Cross River

State Water Regulatory Commission , while actual tariffs would be set by the WSS upon

public consultation and submitted to the commission for approval

h. All Water Service Providers, whether Public or Private are required to hold extensive

public consultations in form of Stakeholders Public hearings in the three senatorial districts

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Cost sharing for Operation and Maintenance

Agency Urban and Small Towns water supply

Rural Water supply

State Government 0% 10%Local Govt. 0% 20% Consumers (through tariffs) 100% 70%

i.e., Southern, Central and Northern senatorial districts of CRS before proposing new tariffs,

for the approval of the Cross River State Water Regulatory Commission.

i. Public and private water services providers in the State shall for the purpose of fixing

tariffs take into consideration, the cost of production which shall at all times be

determined and published every six months for public information through newsletter

bulletins and press releases.

j. The Tariff policy under the Cross River State Water and Sanitation Policy shall

guarantee cross subsidy to accommodate water supply to meet the basic human needs for

the poor.

k. Water subsidies when considered necessary, should be affordable to Government that is

providing them, targeted to the groups intended to benefit, (designed and) transparently

administered with the involvement of the intended beneficiaries

10.1.2 Achieve Gender mainstreaming in the Water and Sanitation sector at all levels

a. The Cross River State Government shall train and retrain all relevant staff in all the

Agencies of government that are charged with the responsibility of ensuring water and

sanitation as well as

community committees on mainstreaming gender in water and sanitation projects.

b. Capacity building programmes on gender mainstreaming in organizations, community

projects and general administration should be handled by implementing partners such as

donor agencies, NGO’s, Civil society organizations, CSO’s

c. Membership and leadership positions of WASHCOMS shall be equitably spread among

the various interest groups.

d. Capacity building programmes should be provided for all interest groups, particularly

for such involving women, youths, and the physically challenged. The trainings should be

tailored to fit time constraints and operational needs of those involved. In particular, the

Cross River State Government shall ensure that more women and youths are trained in

project management, particularly of such technical areas like Sanitation centres, pump

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and water system management, repair and maintenance to ensure they benefit from the

opportunities available in such areas.

e. Women groups and bodies would be encouraged to send bids for Water and sanitation

contracts, particularly in male dominated areas such as drilling.

f. Programme design in Cross River state would incorporate careful review of project’s

benefits and opportunities available to women. Planning would articulate possible

negative impact of project thereby seeking out ways of mitigating the negative effects.

Projects should also spell out benefits and opportunities available to women.

g. Provision of software or hardware and other equipment for water and sanitation

agencies or implementing partners would be gender sensitive in Cross River state

h. The Cross River State Government would invest in community sensitization and

enlightenment on the need for greater involvement of women in the water and sanitation

projects.

10.13. Promote good sanitation practices among the populace

a. All schools should shall be encouraged to establish Environmental Health clubs for the

purposes of teaching Students/pupils good Hygiene habits including hand washing

b. Households in rural areas, families should encouraged to construct toilets;

Community Led Total Sanitation should be promoted.

10.14. Promote use of WSS low cost technology

a. The use of Hand pumps, Tube wells, Spring Development, Rain Water Harvesting

facilities shall be promoted to deliver water supply to the rural areas

b. Household water treatment and safe storage shall be promoted

Major Technology options for rural sanitation and Per Capita Costs

Technological Option Proportion % Per capital Cost N

VIP latrine 5 25

Pour Flush (PFL) 5 25

Sanplat (SPL) 60 3

Upgraded pit latrine (UPL) 30 1

100

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10.15. Ensure Increased Autonomy for the Water Board

a. Ensure that the composition of the Board of Directors of Urban WSS agencies adequately

reflects participation of professionals and stakeholder representatives. Members shall be

nominated from Technical Personnel of the Water Board Ltd, LGAs, Communities,

Consumer groups, Civil Society, and the Private sector

b. Management Staff will be employed on a fixed term based on performance contracts

10.16. Ensure empowerment of communities with appropriate participatory methods and

techniques for RWSS.

a. Individual communities will make all decisions about their water supply and sanitation

facilities, assume full responsibility for managing them, including Operation,

maintenance and collection of revenues to cover recurrent and normal replacement cost;

b. LGA personnel (or personnel of an NGO, private sector group of the implementation

agency) will assist the communities to plan for their facilities and its management using a

combination of participatory and social managing approaches;

c. State-level personnel will assist LGAs to establish RWSS Departments and provide

training, technical support and supportive supervision to them and;

d. The private sector will produce goods and services including local manufacture of RWSS

equipment and materials, construction of high quality dug wells, protected springs and

rainwater catchments systems drilling of boreholes and construction of hand pumps and

mechanized borehole schemes, construction of latrine and repair of water supply and

sanitation equipment and facilities (for which communities will pay) under agreed terms

10.17. Demand Responsive Approach (DRA)a. RWSS in Cross River State will operate on the basis of responding to demands from each

level based on agreed criteria for participating in the programme. Invariably, this will

involve participation by state, LGAs and communities self-selecting themselves through

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Minimal Compliance criteria (MCC) for participation under the guidance of

RUWATSSA.

b. CRSWBL shall adopt the concept of DRA in its intervention in small towns

10.18. Promote Public Public Partnerships Encourage Public- Public -Partnerships between CRS WSS agencies and other

performing WSS agencies locally, nationally and internationally through twinning

programmes, exchange/study visits, and monitor programmes.

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CHAPTER 11REFORM OF THE INSTITUTIONAL ARRANGEMENT:

NEW ROLES AND RESPONSIBILITIES

11.1. Ministry in charge of Water Resources

There is a need to establish a Ministry of Water Resources that will take over the functions

of the Department of Water Resources currently under the Ministry of Works, particularly

those of Water Resources Policy formulation & analysis, Planning as well as Monitoring &

Evaluation. The Proposed Ministry of Water Resource should have the additional responsibility

for RWSS and would serve overall supervising ministry for CRSWBL and RUTWASSA.

The functions of the Ministry will include:

a. Planning & Formulation of urban and Rural Water Supply policies and programmes of

the State in line with those of the Federal Government.

b. Supervision and co-ordination of activities and performance of Cross River State Water

Board (CRSWB) and Rural Water Supply & Sanitation Agency (RUWATSSA)

c. Mobilization and advocacy on water supply & sanitation facilities

d. Creation, and supervision of the activities of the State Water Supply Data Bank

e. Liaising with the Federal Ministry in charge of Water Resources on matters relating to

water resources development in the State

f. Inter-governmental cooperation (to liaise with other Federal Agencies in the state like

Cross River Basin Development Authority etc.) on matters relating to water supply and

irrigation

g. Liaising with international organizations and agencies for assistance to the State in the

area of water development/supply and other infrastructures

h. Monitoring and evaluation of the activities of private borehole operators in order to set

and maintain standards

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i. Any other assignment as may be given by the Commissioner of the Ministry of Water

Resources or the State Governor.

11.2. Cross River State Water Board Limited

The CRSWBL shall be responsible for the provision of water supply to urban areas. It shall also

have additional responsibility for the provision of water supply services to small towns pending

the creation of Small Towns Water Supply Agency.

a. To control and manage all water works which have been or shall be vested in it in both

urban and small towns of the State for that purpose

b. To adopt or amend master plans for the maintenance and development of water works

and supply of water in the Cross River State in consultation with relevant agencies

c. To establish, control, manage and extend existing water works and to establish and

develop new water works for the purpose of providing water to meet the consumption

requirements of the general public and the needs of agriculture, trade and industrial

sectors in the State

d. To ensure regular and adequate supply of clean and qualitative portable water to

consumers

e. To engage in the conduct of comprehensive research programmes relating to its functions

that would enhance its performance

f. To produce, provide and where necessary, market water in any form deemed fit

g. To improve springs and develop other sources of water supply

h. To abstract water from any lake, river, stream or other natural sources

i. To conduct, reconstruct, maintain and operate water works and all other stations,

building and works, necessary for the carrying into effect the provision and supply of

water

j. To carry any water pipe through, across or under any street, road or bye-pass or any

place laid out or intended as a street, road or bye-pass

k. To obtain all relevant licenses and permits incidental to the executive

l. To construct public fountains in any street or other public places

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m. To establish or acquire and carry out office outlets, reservoirs and depots in the Cross

River State or elsewhere for wholesale or retail distribution of water and its bye-

products, amongst others

n. To collaborate with Local Government Authorities State and RUWATSSA

11.3. Cross River State Small Towns Water Supply Agency.

These shall be created as soon as feasible by the CRS government with the respponbility of:

a. Water supply delivery to small towns on the basis of Demand Responsive Approach and Community participation and ownership.

b. Liaise with the Federal Government and External Support bodies for the implementation of Small Towns Water Supply and Sanitation programme in Cross State.

c. Management of all the mini water schemes in the state.d. Facilitate the formation of Water Consumer Associations and coordinate their activities

Rural Water Supply and Sanitation AgencyThe functions of the RUWATSSA shall include facilitating capacity-building for LGAs and

other actors in the RWSS sector, Regulating (including setting guidelines, standards and

supporting research in technologies) delivery of RWSS); and monitoring and evaluating the

impact of rural WSS programmes. The Specific functions shall include:

a. Prepare and update Cross River State RWSS Action and Investment Plan;

b. Prepare annual work plan and budget;

c. Establish memorandum of understanding with LGAs and assist them to establish WSS

Department;

d. Mobilize financing for RWSS;

e. Execute State RWSS programme;

f. Develop Implementation Guidelines/Standard for LGAs;

g. Co-ordinate with other ministries;

h. Keep inventory of water supply and sanitation facilities in all communities and maintain

a RWSS database (including water quality of wells, and all boreholes drilled in the state)

i. Monitor capability and availability of water supply equipment spare parts, water well

drillers operating in the state, sanitation coverage and effectiveness of hygiene education

j. Identify better ways of implementing programme components and feed back to State

RWSS plan and training programme;

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k. Supervise/Carry out geophysical surveys for well sitting and the design and construction

of machine drilled boreholes and piped water systems; Test water quality of new water

sources and monitor quality of all other existing water sources;

l. Provide training and technical support to LGA RWSS staff on communication and

community participation, technical and financial issues, planning and monitoring, and

evaluation;

m. Adapt/refine training materials for local use; Participate in research and /development;

n. Train hand dug well contractors and assist LGA personnel to train mechanics and latrine

artisans;

o. Pre-qualify contractors and let out and coordinate and assist in the planning,

implementation and monitoring of all National RWSS activities in the state.

p. Control and supervise the sinking of boreholes by Individuals or corporate bodies in the

state and charge appropriate fees as the Cross River State Water Regulatory Commission

may from time to time determine.

q. Liaise with the Federal Government ministries and agencies in the design and

implementations of programmes and projects in the area of rural water supply,

environmental sanitation and maintenance and provision of rural infrastructure and any

other rural development activities;

r. Define, encourage and support any activity that will enhance rural water supply,

environmental sanitation, the provision of other infrastructures and other rural

development activities;

s. Identify, involve and support local community leaders and organization in the effective

mobilization of the rural population for accelerated and sustained rural development

t. Identify and implement other rural programmes that would enhance income generating

activities in the rural areas as well as help to improve the quality of life and the standard

of living of the rural dwellers;

u. Encourage the implementation of physical development plans at the community level in

order to increase and improve rural productivity and rural accessibility;

v. Supervise and monitor on a continuous basis the entire range of rural development

activities carried out or supported by the agency;

55

w. Commission and support studies and research projects that will facilitate the execution of

the functions of the Agency.

x. Provision of Water Supply services to rural areas in special cases and emergencies

y. Render Technical assistance to LGAs WESCOMS and the private sector, for delivery of

RWSS services

Other functions are

z. Support the mobilization of resources for RWSS and provision of repair and maintenance

services to communities

aa. Support the promotion of Private sector participation in RWSS through contracting

services.

bb. Prescribe standards and guidelines for RWSS construction and management

cc. Support delivery of hygiene education and sanitation in rural areas.

dd. Provide back-up support and undertaking emergency works, whilst the private sector is

increasingly given the opportunity to take centre stage in facilities delivery

11.4. Local Government WES Depts.

At the LGA level, a Water Supply and Sanitation (WSS) Department staffed with a multi-

disciplinary team of community development, hygiene promotion and education, sanitation,

water supply and monitoring / evaluation experts should be established. Also, a LGA RWSS

Steering Committee is to be established comprising LGA chairman and heads of relevant

departments (PHC, Education, Works and Community Department), state RWSS personnel.

LGA counsellors, traditional rulers, retired public officers, and women group.

The main responsibilities of the LGA and the WSS Department include:

a. Prepare and periodically update LGA RWSS Plan;

b. Prepare annual work plan and budge;

c. Provide funds and execute LGA RWSS Programme;

d. Establish agreement with communities;

e. LGAs should partner with private sector to provide public toilets in motor parks, markets and public places in urban areas.

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f. Local Governments shall construct Public toilets and involve the private sector in the

maintenance of public toilets within their jurisdictions

g. Empower communities through Mobilization and enlightenment;

h. Assist communities to conduct needs assessment and form WASHCOMs to manage their

facilities

i. Train WASHCOM members and provide ongoing support;

j. Keep an inventory of water supply and sanitation facilities in all communities and

monitor their operational status;

k. Coordinate training of private mechanics and latrine artisan

l. Promote good hygiene and sanitation practices:

m. Monitoring the availability of spare parts, sanitation coverage, capacity and availability

of mechanics and latrine artisans, effectiveness of hygiene education and promotion and

functionality and use of water and sanitation facilities;

n. Award contracts for construction of wells spring, catchments, and public latrines.

o. Establishment of database on water and sanitation facilities and their performance for

mobilizing and assisting communities to establish water and sanitation committees

(WASHCOMS);

p. Choose community members with the assistance of the Water and Sanitation Committee,

for training on repairs and maintenance etc of hand pumps, boreholes;

q. Each local Government should have a dumpsite and enforce the regulation on storing,

collection and transporting refuse to the dump site.

r. Each local government shall provide a serviceable refuse compactor to carry refuse

generated to the dumpsites.

s. Each Local Government should have a public cemetery

t. The Local Government Council should enact bylaws to give legal backing to the

activities of WASHCOMs and WCAs

11.5. Urban Development Authorities

a. Advise the State Government on State environmental policies and priorities and on

scientific and technological activities affecting the environment.

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b. Formulate and enforce policies: statutory rules and regulations on waste collections and

disposal, general environmental protection control and regulation of the ecological

system and all activities related therewith.

c. Conduct public enlightenment campaigns and disseminate vital information on

environment and ecological matters.

d. Render advisory services and support to all urban towns in the State in areas of flood

control, SWM, ecological and sanitation matters.

e. Take measure to guarantee consistent effectiveness of environmental structures

throughout the State for flood control, solid waste collection and general sanitation.

f. Co-ordinate the activities of all agencies in Urban towns connected with environmental

and ecological matters

g. Monitor and control all types of erosion in the Urban towns and liaise with appropriate

Federal Government agencies charged with erosion control.

h. Conduct environmental impact assessment of new and existing projects, and make

recommendations for effective measures

i. Monitor, regulate and approve the installation of any pollution control, waste treatment

and disposal system.

11.6. Cross River Water Regulatory Commission

Cross River State Water Regulatory Commission shall be established by law, as an Independent

body its members shall include all stakeholder principally including Government representatives,

representatives of the private sector, and consumer groups, civil society, the Judiciary, as well as

the State Chamber of Commerce or the Bankers forum. It should draw its funding from the first

line charge of Government revenues and its functions shall cover standards and norms for

Consumer service, Tariff regulation, Licensing and Promotion of private sector partnerships. The

specific responsibilities shall be:

a. Regulation of the activities of all players in the water sector

b. Regulate PSP agreements-develop standard draft PSP

c. Promoting the rights of access to basic water supply

d. Setting standards and norms for Consumer service standards

e. Provide a method of setting tariffs and regulate tariffs charged to Consumers

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f. Issuance of Water Services Provider License

g. Promote State Water Laws and Policies

h. Ensure the preparation of and compliance with Water Services Development Plans;

i. Mediate between service providers and consumers

j. Investigate Complaint against Service providers

k. Receive financial and technical reports from licensed player

l. Ensure compliance with the enabling law

m. Gather Data for State Information system on water services (To serve as a repository of

document for investors.

n. Act as a regulator for community-managed water supply in respect of provision of

legitimacy for the WUAs, Water quality enforcement, and approval of tariffs submitted by

Water User Associations (WUA)

11.7. Civil Society Organizations

The CSO shall support the water supply delivery and sanitation in the following areas:

a. Monitor the implementation of WSS programmes to ensure openness, accountability, and

transparency

b. Track WSS budgets and monitor public expenditures in the sector

c. Support community mobilization and social marketing;

d. Develop hygiene and sanitation promotion materials;

e. Be involved in implementation of pilot projects;

f. Support provision of water supply and sanitation facilities is schools;

g. Support the training of sector personnel on programme implementation;

h. Support the guinea worm eradication programme and all other water-borne and water

related diseases.

i. Act as social watchdogs-

Facilitating dialogue between users and government departments and/or the private sector

CSOs should evaluate the impact of WSS projects and programmes.

11.8. External Support Agencies shall support the sector through:

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a. External Support Agencies in his state at whatever level will execute their RWSS

Programme/projects in line with the Strategic Framework and support the CRSWBL and

the RUTWASSA to coordinate the WSS sub-sector. Their specific roles and

responsibilities will include financial and technical support in the following areas

b. Training of sector personnel on programme implementation;

c. Provision of logistic support such as vehicles and motor cycles;

d. Quality assurance of materials, equipment and programme processes;

e. Processes for local manufacture of WSS materials and equipment;

f. Establishment of computerized database for monitoring of RWSS programme;

g. Advocacy and resource mobilization for programme implementation;

h. Development of hygiene and sanitation promotion materials;

i. Establishment of R & D centres;

j. Eradication of guinea worm and all other water borne and water related diseases

programmes;

k. Programme monitoring and evaluation.

11.8. Communities

In line with the government’s desire to have communities take the lead in determining their

development activities and its emphasis on building a maintenance culture to ensure that

infrastructure is sustained, the main thrust of the programme strategies will be based on

community management with government promoting and improving services and the private

sector supplying goods and services. Each community will be supported to establish water and

sanitation committee (or have its functions incorporated within an existing community

development committee if preferred by the community) with adequate presentation of women

and youths and reflecting the socio-culture/religious constitution of the community.

A community needs to

a. Establish a water and sanitation committee (WESCOM)

b. Open a WES bank account and collect regular contributions towards meeting its share of

the capital and operation and maintenance costs of the RWSS programme

c. Communities should be involved in the planning, design, construction and management

of water and sanitation schemes; and should be trained to perform this role

60

Communities will also be involved in:

a. The management of water schemes in rural areas through the village level water and

sanitation committees (WASHCOMS) in conjunction with Local Government and

RUWATSSA

b. Each community should embrace Community Led Total Sanitation (CLTS).

c. Collection of tariffs

d. Counterpart funding where necessary or part financing of small scale water extension

schemes

e. Participation in project design and implementation

f. Monitoring of Water programmes and projects to ensure accountability and transparency

g. Hygiene promotion

h. Policing of water infrastructure to report leakages and protect it against vandalization

i. Maintenance of security of urban and rural water schemes.

j. Every household, shopping complex, market, and public places should have toilet and

refuse bins.

k. No vacant land/plot should be overgrown with weeds

11.9. The private sector shall be responsible for the:

a. Financing of water infrastructure development through loans and bonds.

b. Capital investment for the construction of water works, dams, waste water and sanitation

facilities.

c. Conduct of Studies for the development of the water and sanitation sector.

d. Implementation of management and service responsibilities that may be outsourced by

publicly owned water utilities through Public-Private Partnerships.

e. Provision of alternative sources of power supply for existing water schemes.

f. Collection of tariffs for public or private water service providers.

g. Collection and disposal of wastes.

h. Emergency water supplies using tankers or similar facilities.

i. Operation and maintenance of small-scale water schemes such as boreholes at Urban,

peri urban, local, or community levels.

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j. Financing water infrastructure and sanitation development and Implementation of water

and sanitation service delivery programmes in urban, small town and rural areas

k. Execution of contracts in the sector, such as drilling of boreholes, construction of dams,

wastewater plants, and water schemes.

l. Support research and development projects.

m. Undertake most of the construction and repair of facilities.

n. Manage sanitation centres at the communities.

11.10. Water Consumer Associations (WCAs)

They shall be set up by communities in Small towns to own, and manage water schemes on

behalf of Water consumers in each small town. WCAs shall be accountable to the consumers and

will have status as a corporate body. Membership of WCAs should be gender sensitive with

adequate representation from youth. WCAs will be required to obtain rights for water extraction

(a license) from the Cross River State Water Regulatory Commission.

11.11. Water and Sanitation Committees (WASHCOMs)

WASHCOMs shall be established in rural communities in the State to oversee the maintenance

and to ensure sustainability of WSS facilities at the community level. The main roles and

management responsibilities of the community and WASHSCOMs include the following:

a. Request LGA for State RUWATSSA construction grant and technical assistance;

b. Plan, manage and maintain their water and sanitation facilities;

c. Improve sanitation, including construction of household and communal latrines as

appropriate;

d. Monitor operation/use of facilities and revenue collection, identify constraints and

modify management strategy as needed;

e. Keep record of accounts and management decisions;

f. Ensure that the community pay 5% of construction cost in cash or in kind towards

provision of water system;

g. Construct house latrines;

h. Provide manpower to be trained;

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i. Ensure proper use of their water supply and sanitation facilities and promote good

hygiene and sanitation practices. The structure for the management of the programme at

the community level is shown below

j. It shall normally be composed of 10 members with equal representation from both

genders.

11.12. Cross River State Water and Sanitation State Reform Team

It shall be set up by the Executive Governor and operate as an ad hoc committee, and shall:

Consider state-wide plans and undertake bi-annual monitoring and evaluation of the

implementation of the state water and sanitation sector development plans. The Task team shall

comprise a representative of the following bodies:

a. State Ministry of Water Resources - Chair

b. State Ministry of Environment.

c. State Ministry of Works

d. Ministry of Lands and Physical Planning

e. Cross River State Water Board Limited

f. Rural Water and Environmental Sanitation Agency

g. Ministry of Health

h. Ministry of Women Affairs

i. Ministry of Justice

j. Law Reform Commission

k. Department of International Donor Support

l. State Planning Commission

m. Water Consumers Association,

n. Local Governments in the State

o. Nigeria Police Service

p. Non Governmental Organizations

q. External Support Agencies in the state

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r. Urban Development Authorities

CHAPTER 12LEGAL IMPLICATIONS OF THE NEW POLICY

12.1. CRSWBL

The old Cross River State Water Board set up by the Water law of 1975, was transformed into

the Cross River State Water Board Limited but the Water law of 1975 that sets it up as a utility.

is yet to be repealed. The Water law of 1975 needs to be reviewed to reflect the new status of the

CRSWBL.

Sections 22 and 24 of the Water law 1975 also grants the Board of the Water Board regulatory

powers of fixing tariffs, but this need to be reviewed and the power transferred to the proposed

Regulatory Commission. Sections 9 and 38 of the RUTWASA law also grant regulatory

functions to the agency and this also needs to be transferred to the proposed Regulatory

Commission.

12.3. WSS Regulatory Commission

Ideally, a WSS Regulatory Commission should have been set up as soon as the Cross River State

Water Board transformed itself from a State Utility to a Service provider Incorporated. Also the

creation of the Commission should have preceded the introduction of Private Sector Participation

in the WSS, as the commission should vet the PPP contracts. There is a need to fast track the

enactment of the draft Cross River State Water Regulatory Commission bill

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12.4. WSS Small Towns Agency

The Cross River State Water Board is presently servicing several towns that could be described

as small towns and the consensus of stakeholders is that there may not be a need for the creation

of a separate Small Towns Water and Sanitation Agency. However, there is a need to review the

Water law of 1975 to expressly grant the Water Board powers to intervene in Small towns. The

Law must clearly identify the limit of the service jurisdiction of the water Board and the

RUWASSA to avoid conflict. This may be done by identifying each agency’s area of operation

by name in the schedule to the Law or identifying an empirical formula of mechanism by which

each will know in no uncertain terms its limits. This is a requirement for legal drafting

12.5. The Rural Development Agency (RUDA)

The Rural Water Supply functions of RUDA should be transferred to RUTWASSA.

Autonomy for RUWATSAA. The Rural Supply and Sanitation Agency law 1991 now Cap B8

2004 should also be reviewed towards making it a full fledged body, coordinated by the Ministry

of Water Resources. RUWATSSA should comprise of a multi-disciplinary team of training,

community participation, sanitation, hygiene education, hydrogeology, RWS technologies and

planning, monitoring and evaluation specialists. The RUWATSSA should be included in the

annual state budget, be self-accounting and its manager should have no more than one other

officer between him/herself and the state chief executive.

The RUWATSSA should be responsible for RWSS and should be independent of urban water

supply agencies which as commercial enterprises, give priority to urban areas where revenues are

greater and whose personnel require different technical, communications and planning skills.

RUWATSSA should revert to the General Manager system., and with a functional Board,

supervised by the newly created Ministry of Water Resources rather the present practice whereby

it reports to RUDA.

12.6. Water related Sanitation. There is no agency presently in charge of water related

sanitation in CRS. In urban areas, the best we have are Urban Development Agencies for the

65

major towns of Calabar, Obudu, Ugep, Ikom and Ogoja but their mandate is more of

environmental sanitation and beautification, than actual sanitation practices. The laws setting up

Local Governments should be reviewed to expand their mandates to include water related

sanitation. The Cross River State Local Government law N0 22 of 2007 needs to be reviewed to

support establishment of WESCOMs, Water User Associations and give legitimacy to their

functions.

66