Regulatory Region Number 9 In 2011

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bda97bced0aeb2313634353237.html

B E R G U N U R WEST SUMATERA No. Sort: 09 REGULATION of WEST SUMATRA AREA number 9 in 2011 ABOUT IRRIGATED with the GRACE of GOD ALMIGHTY the GOVERNOR of West Sumatra, Considering: a. that irrigation is one of the main factors supporting the sustainability and success of agricultural development to achieve food security; b. that the irrigation system for the implementation of more effective and efficient, the Sepik and managed in order to sustainably, management needs to be done in accordance with the Government Regulation Number 20 in 2006 about Irrigation; c. that based on considerations as referred to in letter a and letter b, need to set local regulations of West Sumatra about Irrigation; Mengigat: 1. Act Act No. 61 in 1958 about the setting of the emergency law number 19 in 1957 on the establishment of Autonomous areas level I West Sumatera, Jambi and Riau As legislation (State Gazette of the Republic of Indonesia Number 112 in 1958, additional sheets of the Republic of Indonesia Number 1646); 2. Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues (State Gazette of the Republic of Indonesia Number 104 in 1960, an additional Sheet of the Republic of Indonesia Number 2013); 3. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419); 4. Act No. 12 of 1992 about the Cultivation System (State Gazette of the Republic of Indonesia Number 46 in 1992, an additional Sheet of the Republic of Indonesia Number 3478); 5. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic of Indonesia Nomor3656); 6. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 146 in 1999, an additional Sheet of the Republic of Indonesia Number 3888) as it has changed with Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 An additional Sheet of the Republic of Indonesia, State number 4412); 7. Act No. 7 of 2004 about water resources (State Gazette of the Republic of Indonesia Number 32 year 2004, additional sheets of the Republic of Indonesia Number 4377); 8. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia Number 118 in 2004, an additional Sheet of the Republic of Indonesia Number 4433), as amended by Act No. 45 of 2009 about changes in the Law Number 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia year 2009 Additional Sheet 154 Number of State of the Republic of Indonesia Number 5078); 9. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet 298297 of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 10. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059); 11. Act No. 41 of 2009 on the protection of agricultural land with sustainable (Gazette of the Republic of Indonesia Number 149 in 2009, an additional Sheet of the Republic of Indonesia Number 5068); 12. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 13. Government Regulation Number 35 of 1991 on the River (Gazette of the Republic of Indonesia Number 44 in 1991, an additional Sheet of the Republic of Indonesia Number 3445); 14. Government Regulation Number 27 in 1999 about the analysis on environmental impact (State Gazette of the Republic of Indonesia Number 72 in 1999, an additional Sheet of the Republic of Indonesia Number 3857); 15. Government Regulation Number 82 in 2001 about water quality Management and control of water pollution (State Gazette of the Republic of Indonesia Number 153 in 2001, an additional Sheet of the Republic of Indonesia Number 4161); 16. Government Regulation Number 68 in 2002 about food security (State Gazette of the Republic of Indonesia Number 142 in 2002, an additional Sheet of the Republic of Indonesia Number 4254); 17. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 18. Government Regulation Number 20 in 2006 about Irrigation (Gazette of the Republic of Indonesia Number 46 in 2006, an additional Sheet of the Republic of Indonesia Number 4624); 19. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 20. Government Regulation Number 42 in 2008 about the management of water resources (State Gazette of the Republic of Indonesia Number 82 in 2008, an additional Sheet of the Republic of Indonesia Number 4858); 21. Government Regulation Number 38 in 2011 about the River (Gazette of the Republic of Indonesia Number 74 in 2011, an additional Sheet of the Republic of Indonesia Number 5230); 22. the presidential Regulation No. 12 in 2008 about the water resources Board; 23. Regulation of the Minister of public works number 30/PRT/M/2007 on guidelines for the development and management of Participatory irrigation system; 24. Regulation of the Minister of public works Number 31/PRT/M/2007 on the Guidelines Regarding Irrigation Commission; 25. Regulation of the Minister of public works no. 32/PRT/M/2007 on guidelines for the operation and maintenance of irrigation Networks; 26. Regulation of the Minister of public works Number 33/PRT/M/2007 on P3A/Empowerment Guidelines GP3A/IP3A; 27. The decision of the Minister of Home Affairs number 22 in 2003 about the manual settings of the authority, duties and responsibilities of the institutions of the provincial Irrigation Manager and district/city; 28. The decision of the Minister of finance Number 298/HMK. 02/2003 on guidelines for the provision of Fund management of Irrigation district/city; 29. The decision of the Minister PU No. 390/KPTS/01/2007 of 300299


The determination of the Status of the regional irrigation management has become the authority and responsibility of the Government, the provincial governments and district/city Governments; 30. Applicable local West Sumatra Province number 4 in 2008 on the establishment of the Organization and the Work of the Regional Office of West Sumatra Province; By mutual agreement of the REGIONAL HOUSE of REPRESENTATIVES and the Governor of WEST SUMATRA PROVINCE WEST SUMATRA DECIDED: setting: LOCAL REGULATIONS ABOUT IRRIGATION CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. is the area of West Sumatra Province. 2. Local Government is the Government of the province of West Sumatra. 3. The Governor is the Governor of West Sumatra. 4. the Department is Department of management of the water resources of West Sumatra. 5. the head of Department is the Head Office of the management of Water resources in West Sumatra Province. 6. Technical Service is a unit of Work-related Devices area, which play a role and have the basic tasks and functions in the control and management of irrigation. 7. Water is all the water on, above and below the land surface, including in this sense of surface water, groundwater, rain water and sea water are on the ground. 8. Water source is the place or natural water containers and/or artificial when it is on, above, or below the surface of the ground. 9. The irrigation water is all the water above or below the surface of the land included in this sense of surface water, groundwater, rain water and sea water are utilized for the purposes of irrigation water. 10. Irrigation business is supplying, setting, and disposal irrigation water to support agriculture, types include the irrigation surface water, irrigation, irrigation water, underground irrigation pumps and irrigation pond. 11. Irrigation Irrigation Infrastructure includes Systems, irrigation water management, irrigation, irrigation management, institutional and human resources. 12. The provision of irrigation water is the determination of the volume of water per unit of time that is allocated from a water source for irrigation area based one time, quantity and quality in accordance with the need to support agriculture and other keperluaan. 13. Water Management Irrigation is an activity that includes Division, granting, and the use of irrigation water. 14. The Division of irrigation water is a water divide in the building for the network of primary and/or secondary network. 15. The giving of the irrigation water is kegitan funneling water with a certain amount of primary or secondary network chain to a swath of the tertiary. 16. The use of irrigation water are activities utilizing water from the tertiary to irrigate a swath of farmland at the time in need. 17. Disposal of irrigation water, drainage, is hereinafter referred to as the flow of excess water that was not used again in an irrigation area. 18. The irrigation Area is the unity of the land that gets water from a network of irrigation. 19. The network of Irrigation channels, is building, and the building complement which is a unity which is necessary for the provision of, Division, awarding, use, and disposal of the irrigation water. 20. The primary Irrigation network is part of an irrigation network that consists of a main building, a channel master/primer, the discharge channel, building to building, for the sadap and buildings complement. 21. The secondary Irrigation Network is part of an irrigation network that consists of secondary channels, channels his exile, building to building, for the sadap sadap building and buildings complement. 22. The groundwater Basin is a region bounded by the limits of by hidrogeologis, where all events hidrogeologis such as pengimbuhan, stream, process and release of soil water lasts. 23. The network is a network of Groundwater Irrigation irrigation water comes from ground water, ranging from the well and pump installations up to channel irrigation ground water includes the buildings on it. 24. Ground Water Irrigation Channels is part of a network of irrigation ground water which started after building the pump until the land is irrigated. 25. The irrigation Network is a network of Village irrigation on waking and in governance by villagers or village government. 302 301 26. Tertiary Irrigation network is a network of irrigation infrastructure that serves as the Ministry of irrigation water in compartments consisting of tertiary tertiary channels, channels and channel quarter wasters, tertiary, Quaternary cribs cribs, as well as complement the building. 27. the Assembly of the Peasant Water User who hereafter P3A institutional Manager of irrigation is incorporated into the law the container water users farmers in an area of service or village, formed democratically by and for the farming community. 28. The combined Water Users Farmers who then called GP3A institutional Manager of irrigation is incorporated into law the container water users farmers in an area of secondary irrigation network service established democratically by and for the farming community. 29. Water Users Farmers Holding hereinafter referred to IP3A is an institutional Manager of irrigation law-body who becomes the container of water users farmers in an area network services primary irrigation or irrigation area in one form of democratically by and for the farming community. 30. The farming community is a community group which is engaged in the field of agriculture, both of which have been incorporated in the Organization's P3A or GP3A/IP3A/other farmers who have not been incorporated and/or not affiliated organizations P3A/GP3A/IP3A. 31. The Commission was agencies Provincial Irrigation coordination and communication between the representatives of the provincial government, the representative irrigated area level, P3A Deputy irrigation network users in the area and a representative of the Commission of irrigation district/town and on its territory there are irrigation network is the responsibility of the provincial government. 32. The irrigation district/City Commission was agencies coordination and communication between representatives of P3A/GP3A/IP3A, Deputy irrigation network users at the Kabupaten/Kota. 33. The development of Irrigation Network is a network of new irrigation development and/or improvement of existing irrigation networks. 34. The construction of an irrigation network is the entire activities provision of irrigation network in certain regions that no network irigasinya. 35. Improvement of irrigation networks are activities improve the function and condition of the existing irrigation networks or activities add to the broad area of service on existing irrigation networks by considering changes in the irrigation area of environmental conditions. 36. irrigation network management is an activity that includes the operation, maintenance, and rehabilitation of the irrigation network in the area of irrigation. 37. The operation of the irrigation network is an effort of the discharge and irrigation water management, including the activities of open-close the door of the building of irrigation, planting layout plan, devised the system, drafting plans for the Division of water, carry out calibration door/building, collecting data, monitoring, and evaluating. 38. The maintenance of the irrigation network is an effort safeguard and secure network of irrigation in order to always be able to function properly in order to facilitate the implementation of the operation and maintain preserved. 39. The rehabilitation of the irrigation Network is a network of irrigation improvement activities in order to restore the functionality and service of irrigation. 40. The Commission was an Irrigation institution coordination and communication between the representatives of the provincial government, the representative Assembly of farmer water user level irrigation areas, Deputy irrigation network users in the province, and the representative of the Commission of the irrigation district/city. 41. The management of asset management is the process of irrigation is structured for planning maintenance and funding for the irrigation system in order to achieve a defined level of service for users and sustainable irrigation water and irrigation network user management asset financing with seefesien irrigation possible. CHAPTER II the BASIS, purpose, function and SCOPE of the basic parts of the Union article 2 Irrigation is managed based on the basis of: a. participatory; b. environmentally; c. sustainability; d. balance; e. public kemanfatan; f. alignment; g. harmony; h. Justice; i. independence; j. transparency; and k. accountability. The second part of the purpose and function of article 3 (1) Irrigation is maintained for the purpose of regulating the development and management of irrigation systems in the region efficiently and effectively, directional and sustainable, and to give priority to the interests of farmers. 304303


(2) Irrigation work to support farmer productivity to enhance agricultural production in order to katahanan food as well as improving the welfare of the people, especially farmers. The third part of the scope of article 4 scope setting irrigation include: a. the development and management of irrigation systems held in participatory, integrated, environmentally, transparent, accountable and equitable. b. the construction of an irrigation network that includes the provision of irrigation network in particular there has been no settlement of the network irigasinya; and c. increase the irrigation network that includes the activities improve the function and condition of the existing irrigation networks or activities add to the broad area of service on existing irrigation networks by considering changes in the irrigation area of environmental conditions. Article 5 the development and management of irrigation systems, the construction of the irrigation network and improvement of irrigation networks as referred to in article 4 was implemented in the whole area of irrigation became the authority of local government by involving all parties concerned as well as the role of the farming community. CHAPTER III the AUTHORITY and RESPONSIBILITY of One section of the authority and responsibility of the local authorities article 6 the authority and responsibility of the local authorities in organizing the Affairs of the Government of the field of development and management of irrigation systems including: a. establish policies in the development and management of irrigation systems based on national policy taking into account the interests of the surrounding provinces; b. carry out the development of primary and secondary irrigation system in irrigation area of cross County/City; c. implementing the management of primary and secondary irrigation system in irrigation area of extent of 1,000 ha up to 3,000 ha irrigation area or on the nature of the cross-county/city; d. give technical recommendations to the Government for the use of kabupaten/kota and concessions of ground water for irrigation from groundwater basins cross county/city for irrigation; e. facilitate the resolution of disputes between kabupaten/kota in the development and management of irrigation systems; f. maintain the effectiveness, efficiency and order the execution of the development of primary and secondary irrigation system in irrigation area of cross county/city; g. maintain the effectiveness, efficiency and order execution system of primary and secondary irrigation in the irrigation area is 1,000 ha up to 3,000 ha irrigation area or on the nature of the cross-county/city; h. provide technical assistance in the development and management of irrigation systems to the Government district/city; i. provide assistance to the farming community in the development and management of irrigation systems are the responsibility of the farming community at his own request based on the principle of self-reliance; j. establish provincial irrigation Commission; k. along with related provinces can form between provincial irrigation Commission; and/or b. permit the construction, utilization, alteration, and/or demolition of buildings and/or irrigation channels on the network of primary and secondary irrigation in the irrigation area of cross-district/city. Article 7 (1) local Government can work together with the Government and/or district/city governments in the development and management of primary and secondary irrigation networks on the basis of an agreement. (2) an agreement referred to in subsection (1) is carried out in accordance with the legislation. Article 8 (1) local governments may accept the surrender of the authority of the Government district/municipality to carry out the management of primary and secondary irrigation system in irrigation area in one district/city is less than 1,000 ha, in terms of the Government district/city has yet to be put into practice. (2) local governments may accept the surrender of the authority of the Government district/municipality to carry out the development of primary and secondary irrigation system in 306305 irrigation area in one district/city, in terms of the Government district/city has yet to be put into practice. (3) the authority may be accepted in the submission referred to in subsection (1) and (2) only covering the implementation of the development, enhancement or rehabilitation of irrigation systems. (4) the implementation of a partial acceptance of the authority referred to in subsection (1) and paragraph (2) is performed based on the proposed handover of the kabupaten/kota Governments to local governments that are accompanied by reasons include the inability of technical and/or financial. (5) local governments evaluate the top proposal submission referred to in subsection (4). (6) on the basis of the evaluation referred to in paragraph (5), local governments can declare to accept, either in part or in whole, or do not accept the proposed handover of authority to the Government district/city. (7) in the case of local Government accept the proposed submission referred to in subsection (6), local governments and district/city governments agree on the surrender of a portion of the Government's authorized kabupaten/kota to local governments. (8) in the case of local Government did not accept the proposal submission as referred to in paragraph (6), local governments and district/city governments forward the proposed handover of authority not admissibility to the Government. (9) in the event that the regional government does not accept the proposed submission as referred to in paragraph (8), local government, Government kabupatenkota agree on delivery of the Government's authorized kabupaten/kota to the Government. Article 9 the local government is obliged to take over the implementation of the most authorized development and management of irrigation systems by the Government district/city in terms of: a. the Government district/city does not implement some authorized development and management of irrigation systems so that it can harm the public interest;d an/or b. the existence of disputes between kabupaten/kota. The second part of the duties and responsibilities of the community Farmer article 10 duties and responsibilities of the farming community in the development and management of irrigation systems including: a. carry out the development and management of tertiary irrigation system; b. maintain the effectiveness, efficiency, and order the execution of the development and management of the irrigation system becomes a tertiary responsibility; and/or c. giving approval to the construction, utilization, alteration, and/or demolition of buildings and/or irrigation channels on the network participatory approach based on tertiary irrigation CHAPTER IV IRRIGATION DEVELOPMENT and MANAGEMENT article 11 (1) irrigation development and management was held with the interests of society by involving farmers in planning the P3A oversight, implementation, and irrigation. (2) in order to realize irrigation development and management as referred to in subsection (1) done water users farmers empowerment in a systematic, continuous, integrated and sustainable. Article 12 (1) to ensure the development and management of irrigation in this efficient and effective and can provide the maximum benefit to the community of farmers, implemented with the efficient use of water resources. (2) the efficient use of water resources as referred to in subsection (1) is based on a link between rain water, surface water and ground water in tepadu, with emphasis on the utilization of surface water. Article 13 the development and management of irrigation is carried out with a single irrigation systems in a unified development and management with attention to the interests of users and the use of irrigation water irrigation network in the upper, middle and lower reaches are aligned. 308 307


Article 2 to achieve the optimum utilization of irrigation networks, then the Organization of the development and management of irrigation systems is done by involving all the parties berkepentin of article 15 (1) sustainability of the irrigation system was implemented with the support of the reliability of the irrigation water and irrigation infrastructure is good, in order to support the increase in the income of the farming community. (2) to support the reliability of the irrigation water as mentioned in subsection (1) may be executed by building dams, weirs, reservoir and dam, control of water quality, decent drainage network and benefit from the return water from the sewer/drainage as well as providing pumps and other infrastructures. (3) support the increased income of the farming community as referred to in paragraph (1), development and management of irrigation systems is done to encourage alignment with the diversification and modernization of the farmer. Chapter V INSTITUTIONAL MANAGEMENT of IRRIGATION is considered part of the institutional establishment of article 16 (1) to bring about an orderly management of the irrigation network built the Government and local Governments formed the institutional management of irrigation. (2) Institutional management of irrigation as referred to in subsection (1) include the following: a. the following: irrigation; b. P3A or GP3A and IP3A, another name for appropriate regional conditions; and c. Irrigation Commission. (3) compulsory water users Farmers form the P3A until every area of service. The second Assembly of the Farmer Water User article 17 (1) in the empowerment P3A, GP3A and IP3A, the local authorities have responsibilities that include: a. the granting of technical assistance and coaching P3A GP3A and IP3A, at the request of P3A, GP3A and IP3A concerned; b. grant of accompaniment to the community; and c. implementation research in order the discovery of appropriate technology in the field of irrigation and irrigated agriculture in accordance with local needs and local wisdom and local governments. (2) technical assistance and coaching as referred to in paragraph (1) letter a, comprising: a. assistance to irrigation management, institutional strengthening and enhancement of institutional capabilities, organizational management, irrigation and agriculture, technical and financing calculations in the framework of the irrigation development and management; b. assistance to irrigation Manager, officer education, training and mentoring activities that include planning, implementation, supervision of construction, operation and maintenance, monitoring and evaluation; and c. assistance to the Government of nagari/village in order empowerment P3A, GP3A danIP3A, teachers, materials and methods of enforcement. (3) the granting of mentoring the community as referred to in paragraph (1) letter b, include: a. the mentoring field irrigation is aimed at empowering the Assembly water users farmers, in the form of advocacy, outreach, and technical assistance by way of a placing and assigning personnel escort community; and b. Service activities related to the development and management of irrigation is obligated to give support and cooperation for the Organization of training and mentoring activities. (4) the assistance of the local authorities in the framework of the research referred to in subsection (1) Letter c, include: a. do the extension and dissemination of technological irrigation areas of research and development results to the farming community; b. encourage the farming community to implement the appropriate technology to suit your needs, resources, and local wisdom; c. facilitate and enhance the implementation of the research and technological development in the field of irrigation; and d. to facilitate the protection of the rights of the inventor and findings in the field of irrigation technology in accordance with the legislation. 310309 (5) help local authorities in the framework of conflict resolution the utilization of water sources for irrigation in accordance with technical studies by considering the natural conditions in their environment and based on the legislation, which includes: a. conduct coordination with stake holders related; b. facilitate the parties in trouble; and c. encourage the parties to consummate a deal with problems in the utilization of water sources for irrigation Irrigation Commission is the third part of article 18 (1) to assist the Governor in the management of the irrigation network, created the province of irrigation Commission determinations with the Governor's Decision. (2) the establishment of irrigation Commission referred to in subsection (1) are based on legislation. (3) the provincial irrigation Commission with the task of: a. formulate a policy for maintaining and improving the condition and function of irrigation; b. formulate a pattern and plan the layout of irrigation area on planting in the region; c. formulating annual plans providing irrigation water; d. formulate annual plans of distribution and allotment of irrigation water for agriculture and other purposes; e. recommending priority allocation funds management of irrigation; and f. provide considerations concerning the permission alihfungsi land irrigated. (4) the provincial irrigation Commission referred to in subsection (1) has the area of work includes the following: a. the area of irrigation management has become the authority and responsibility of the local government that the extent of 1000 ha up to 3000 ha; and/or b. the irrigation area is cross-district/city. Article 19 (1) the coordination of the management of the irrigation system is done through irrigation Commission of the province and other coordination forums. (2) the working relationship between the Commission of the Council with the province irrigation water resources, the management of river basin water resources consultative in nature and koordinatif. (3) the coordination of the management of the irrigation system in the area of irrigation, which became a regional authority, the irrigation area of national strategy, either assigned or that have not been commissioned by the Government to the provincial government implemented through provincial irrigation Commission. Article 20 (1) irrigation Commission between provinces may be formed by the Governors are concerned. (2) the membership of the Commission referred to in paragraph irrigation (1) consists of the Government representatives of related district/city, Deputy provincial irrigation related commissions, representatives of IP3A and GP3A P3A, as well as representatives of user groups network irrigation sector in the area of cross-province irrigation with the principle of proportional representation and membership. (3) Commission on irrigation between provincial governors associated with the Help task: a. formulate a policy for maintaining and improving the condition and function of irrigation; b. formulate annual plans penediaan irrigation water; c. formulating annual plans of distribution and allotment of irrigation water for agriculture and other purposes; and/or d. recommends priority allocation funds management of irrigation in the irrigation area of cross-province. (4) Organization, work, and irrigation Commission membership between the province established with joint decision between Governor concerned. CHAPTER VI PUBLIC PARTICIPATION of FARMERS in the DEVELOPMENT and MANAGEMENT of IRRIGATION SYSTEMS clause 21 (1) the participation of the farming community in the development and management of irrigation systems realized starting from initial planning, decision-making, and implementation of activities in the construction, improvement, operation, maintenance and rehabilitation. (2) the form of the participation referred to in paragraph (1) can be realized in the form of donations of thought, ideas, time, energy, materials, and funds committed either by an individual or by P3A. (3) the participation of the Community farmer as referred to in subsection (1) is based on the willingness and ability of the farming community as well as the spirit of partnership and independence. (4) the participation of the Community farmer as referred to in paragraph (1) can be channelled through the P3A in the region it works. 312 311


Article 22 of the local government in accordance with its peasant society encourage participation in the development and management of irrigation systems to increase the sense of belonging and sense of responsibility to the sustainability of irrigation management. CHAPTER VII EMPOWERMENT Article 23 (1) local governments provide technical assistance to the Government of kabupaten/kota in empowerment or related Service: irrigation and empowerment, P3A GP3A and IP3A as well as in the development and management of irrigation. (2) provision of more about institutional empowerment management of irrigation water users farmers further regulated by regulation of the Governor. Article 24 local governments in accordance with those powers: a. do the extension and dissemination of technological irrigation areas of research and development results to the farming community; b. encourage the farming community to implement the appropriate technology to suit your needs, resources, and local wisdom; c. facilitate and enhance the implementation of the research and technological development in the field of irrigation;d an/or d. facilitate the protection of inventors and inventions in this field of irrigation technology in accordance with the legislation. CHAPTER VIII USE of IRRIGATION WATER is considered part of the recognition of the Customary Rights of article 25 (1) in the management of irrigation, local governments recognize the rights of the local indigenous customary law community and rights similar to that relating to the use of water and water sources for irrigation purposes need not conflict with national interests and laws and regulations. (2) provision of more about recognition of customary rights in the management of irrigation is governed by regulation of the Governor. The second part of rights To water for irrigation of article 26 (1) Rights to water for irrigation, including: a. the right to use water for irrigation and b. use rights efforts of water for irrigation. (2) the right to use water for irrigation is given to agriculture people. (3) the right to attempt water for irrigation is given for the purposes of concessions in agriculture. (4) the right to water for irrigation efforts on land that is already switching functions can be used for economic development of the region. Paragraph 1 the right To Use water for irrigation of article 27 (1) the Governor gives the right to use water for irrigation to P3A, GP3A and IP3A on any irrigation area be used also at the taking of the main building. (2) the right to use water for irrigation provided to farmers and fishing communities through the P3A, GP3A and IP3A. (3) the permission of use of water for irrigation is given in the form of a decision of the Governor in accordance with the provisions of the legislation. (4) the right to use water for irrigation for the farming people on new irrigation system and an enhanced irrigation system given to the farming community and fisheries through the P3A, GP3A and IP3A. (5) the right to use water for irrigation is given on an irrigation system in accordance with the extensive irrigation areas are utilized. (6) the right to use water for irrigation are evaluated every 5 (five) years by the Office for the reassessment of conformity between rights to use water for irrigation with water use and availability of water at the source. (7) the results of the Evaluation as referred to in paragraph (6) are used as the basis for continuing the Governor, adjusting, or revoke the right to use water for irrigation. Paragraph 2 the right To Attempt water for irrigation of article 28 (1) the Governor gave permission rights to water for irrigation for venture businesses, charities, or selectively with individuals still give priority to the use of water for the fulfillment of the basic necessities of daily rural agriculture and irrigation. 314313 (2) Rights to water for irrigation efforts referred to in subsection (1) is granted to a specific service areas most 10 (ten) years and can be extended. (3) the right to attempt to irrigation water are evaluated every 5 (five) years by the Technical Service related to the reassessment of conformity between rights to water for irrigation efforts with water use and availability of water at the source. (4) the results of the evaluation as referred to in paragraph (3) is used as the basis for continuing the Governor, adjusting, or revoke rights to water for irrigation efforts. Article 29 further Provisions regarding the procedures and mechanisms for obtaining rights to water for irrigation is governed by regulation of the Governor. The third part of the provision of irrigation water of article 30 (1) the provision of irrigation water is intended to support the productivity of land in order to increase agricultural production, which is the maximum. (2) in some cases, provision of irrigation water as mentioned in subsection (1) may be given in some extent to the fulfillment of the other requirements. (3) the provision of irrigation water as referred to in paragraph (1) are planned based on the forecasts of the availability of water at the source and used as the basis for the preparation of the plan of the tata plant. Article 31 the irrigation water supply as referred to in article 30, sought: a. optimization of utilization of irrigation water on irrigation area or between irrigation area; and/or b. reliability availability of irrigation water and the control and improvement of the quality of the irrigation water in order to supply irrigation water. Article 32 (1) preparation of planting layout plan referred to in article 30 paragraph (3) was implemented by the Department in the area of irrigation in the district/city and cross the breadth of 1,000 hectares up to 3000 hectares based on input P3A. (2) further Provisions regarding the provision of irrigation water for the preparation of the planting organized layout plan with the Governor's decision. Article 33 (1) Peyediaan irrigation water referred to in article 30 of the annual plan is drawn up in the provision of irrigation water on irrigation area. (2) the annual irrigation water supply Plan as referred to in subsection (1) prepared by the Office of district/city or the technical service based on the proposals of the draft based on P3A plan of planting layout. (3) the draft annual plan of irrigation water providers referred to in paragraph (2) are discussed and agreed upon Commission or provincial irrigation irrigation kabuoaten/City Commission in accordance with the area of irigasinya. (4) the draft annual plan of irrigation water supply as referred to in paragraph (3) presented by the Commission or Commission provincial irrigation irrigation district/city irigasinya area in accordance with the meeting of the Board of water resources that are relevant to the allocation of water for irrigation. (5) the draft annual plan of irrigation water providers referred to in paragraph (4) was set by the Governor in accordance with the provisions of the legislation. (6) in terms of the availability of water from a water source is not sufficient so as to cause a change in the water supply plan which resulted in changes to the allocation of water for irrigation, P3A adjust back draft plan of irrigation in planting layout is concerned. Article 34 the preparation of annual plans providing irrigation water that becomes an authority the Government assigned to the Governor based on the principle of dekonsentrasi, apply the provisions referred to in Article 33. Article 35 in the event of a drought on water sources that led to shortages of irrigation water so that the water of the irgasi substitution is required, the local government may seek additional supply of irrigation water from other water sources or make adjustments and settings providing irrigation water after observing the input from irrigation area comply with Commission regulations. 316 315


The fourth part water management Irrigation Article 36 (1) the implementation of water management of irrigation is based on the determination of plan layout for planting and irrigation water supply annual plans containing the annual plan of distribution and allotment of irrigation water. (2) the draft annual plan of distribution and allotment of irrigation water drawn up by the Agency based on the annual irrigation water supply recana and P3A, GP3A and IP3A on water needs and plan the planting layout. (3) the draft annual plan of distribution and allotment of irrigation water as referred to in paragraph (2) are discussed and agreed by the Commission and provincial irrigation irrigation district/City Commission in accordance with the area of irigasinya and set by the Governor and/or Bupati/Walikota by observing the water needs for irrigation, P3A GP3A agreed and IP3A in every area of irrigation. (4) the Division and the granting of irrigation water based on annual plan of distribution and allotment of water irgasi as referred to in paragraph (3) was started in the swath of primary, secondary to tertiary with implementing irrigation management is done by according to the needs of each. Article 37 (1) the Division of irrigation water in the network or the network of primary and secondary is done through the building or buildings for the sadap. (2) the Division of irrigation water to tertiary swaths should be done through the building or buildings for the sadap-sadap. Article 38 (1) the use of irrigation water in the tertiary level be P3A rights and responsibilities. (2) the use of the first irrigation water from the tertiary or Quaternary channels channels on the set taking place by P3A, GP3A and IP3A (3) water use outside the provisions as referred to in paragraph (2), carried out with the permission of the local government. (4) the use of water for irrigation are taken directly from the groundwater basin must get permission from the district/city government in accordance with the legislation. Article 39 in the event of insufficient irrigation water supply, irrigation water management conducted in turn determined by the Governor and/or Bupati/Walikota in accordance with his responsibilities. Drainage part five article 40 (1) to regulate the irrigation water well that meets the conditions of irrigation and farming techniques, then on each irrigation network development should be accompanied by the construction of the drainage network is a unified system with irrigation network is concerned. (2) local governments together with the Government of kabupaten/kota, P3A, GP3A and IP3A and communities maintain and/or improve the continuity of the function of the drainage. (3) the community can enable the back water drainage for agricultural purposes with the permission of the Department or district/city governments in accordance its proposal based on P3A, GP3A and IP3A all the functions do not interfere with drainage. (4) water drainage wherever possible will be used again in accordance with the rules of conservation. (5) the excess irrigation water that flowed through the drainage network to be kept mutunya with pollution prevention efforts in order to meet the requirements of quality based on legislation. (6) local government, district/city Governments, P3A, GP3A and IP3A and the Community shall be obliged to keep the continuity of the function of the drainage. The sixth part of the use of water for irrigation water directly from a water source to article 41 (1) every water user use water for irrigation are taken directly from surface water sources, must get permission from the local authorities in accordance with those powers in the management of water resources. (2) the use of water for irrigation by taking directly from the groundwater basin must get permission from the local government in accordance with laws and regulations. (3) utilization of irrigation drains to fisheries must obtain recommendations from local governments and district/city in accordance with its top suggestion of farmer water user. 318317 (4) the provisions of the arrangements concerning the further utilization of irrigation water for fisheries regulated by regulation of the Governor in accordance with the provisions of the legislation. CHAPTER IX the DEVELOPMENT of IRRIGATION NETWORK Article 42 (1) the development and improvement of the irrigation network was implemented based on the master plan of the management of water resources of the River region with attention to agricultural development plans and spatial locality, and in accordance with the norms, standards, guidelines and manuals. (2) development and improvement of irrigation networks as referred to in subsection (1) must have the permission and approval of the design of the local government. (3) supervision of the construction and improvement of irrigation networks carried out by local governments. (4) local governments shall be responsible for the development and improvement of the irrigation network and primary skunder. (5) development and improvement of the network of primary and secondary irrigation can be done by P3A, GP3A and IP3A in accordance with the needs and ability of the local government permission in the management of water resources. (6) development and improvement of the network of tertiary irrigation into rights and responsibilities, P3A GP3A and IP3A (7) in the event of not being able to carry out the construction of P3A and tertiary irrigation networks increase in rights and responsibilities, local authorities can help development of tertiary irrigation networks based on requests from the P3A, GP3A and IP3A having regard to the principle of self-reliance. (8) business entities, social agencies, or individuals that utilize water from the source of water through irrigation network built the Government can build its own for agricultural purposes after obtaining the approval of the local government. Article 43 Development and/or improvement of the irrigation network is done simultaneously with the irrigated agricultural land development activities in accordance with the plans and programs of agricultural development taking into account the readiness of the local farmers. Article 44 (1) alterations and/or dismantling a network of primary and secondary irrigation which resulted in changes to the form and function of primary and secondary irrigation network must get permission from the Governor. (2) changes and/or demolition of tertiary irrigation network is subject to approval from the P3A, GP3A and IP3A Article 45 Construction, demolition, alterations and/or additions to the buildings water and/or irrigation networks carried out by legal entities and individual charities must first get permission from the Governor. Article 46 the provisions of the Ordinance on granting permission to the construction, alteration and/or demolition of the irrigation network is governed by regulation of the Governor. CHAPTER X NETWORK MANAGEMENT of IRRIGATION is considered part of the Irrigation network operation of article 47 (1) irrigation network operation Activities include: a. the work of data collection (data discharge, precipitation data, acreage data, etc.); b. debit gauges calibration work; c. work plan annual water supply, water distribution and the awarding of the annual plan, annual plan, planting layout drying, etc.; d. execute the job distribution and allotment of water (including job: create report of water demand, filling the Board's operation, adjust the door openings); e. work set up the doors of water at the dam holds with regard to the coming flood of river discharge; f. work set the door pockets to drain the mud silting; g. coordination between relevant agencies; and h. monitoring and evaluation activities of the irrigation network operation. 320 319


(2) the procedures for operating the irrigation network includes the following: a. the planning phase include the annual water supply planning, planning the planting layout details, meeting of the Commission to draw up a plan of the layout of irrigation cropping, the Planning Division and the granting of water yearly. b. implementation phase include the report the State of the water and plants, determination of water requirements, plan the recording of discharge channels, the determination of the Division of water, reports productivity and balance of water per irrigation areas Division and building irrigation Manager operation. c. monitoring and evaluation Phases include monitoring the implementation of the operation, calibration of measuring and monitoring the performance of the irrigation area. (3) the Organization of irrigation network operation as referred to in paragraph (2) follow the norms, standards, guidelines and manuals that apply the second part of the irrigation network maintenance of article 48 (1) the scope of the activities of the network include the maintenance of an inventory of network conditions, irrigation planning, implementation, monitoring and evaluation. (2) the type of irrigation network maintenance consists of irrigation network security, routine maintenance, periodic maintenance and emergency repairs. (3) the procedures for maintenance of the irrigation network covers the following stages: a. an inventory of irrigation network in each area of irrigation; b. the irrigation network maintenance planning; c. implementation of an irrigation network maintenance; d. monitoring and evaluation of irrigation network maintenance; and (4) Conducting maintenance of irrigation networks as referred to in paragraph (3) to follow the norms, standards, guidelines and manuals that apply. The third part of the irrigation Network Rehabilitation Article 49 (1) rehabilitation of irrigation network is implemented based on the order of priority needs, irrigation improvements include the following: a. repair of water catcher building consisting of reservoirs, weirs, uptake and water pumps; b. the primary irrigation network; c. secondary;d an irrigation network; (2) d. building sequence allows for Rehabilitation of irrigation networks as referred to in paragraph (1) be carried out having regard to the considerations of irrigation Commission of the province. (3) the determination of the order of priority needs of rehabilitation based on the level of tissue damage, extensive irrigation services were affected due to damage, the limitations of funding and the magnitude of the impact of delays incurred due to repair the damage. (4) the rehabilitation of the irrigation network covers the following stages: a. an inventory of irrigation networks in each region through irrigation irrigation network search; b. rehabilitation of the irrigation network planning; c. implementation of the rehabilitation of the irrigation network; and d. monitoring and evaluation of the rehabilitation of the irrigation network. (5) Organization of rehabilitation of irrigation networks as referred to in paragraph (3) to follow the norms, standards, guidelines and manuals that apply. The fourth part of the use of the irrigation Network article 50 (1) the use of the irrigation network is reserved only for the purposes of irrigation water management starting from the provision, distribution and allotment of irrigation water. (2) the use of irrigation networks other than referred to in subsection (1) is required to get permission from the Governor. (3) irrigation Networks as referred to in paragraph (1) may be used without permission in terms of: a. meet the basic necessities of daily; b. give to drink and to bathe cattle at specified places; c. tackling the fire hazard; da. n (4 d. catch fish) the provisions as referred to in paragraph (3) could only be done by way of not impeding the flow and does not change the nature of water and does not damage the tissue irrigation with the ground its sequence Boundary Line 322 321 part five Article 51 (1) irrigation infrastructure security effort As along with the building complement, set line border to the building of the fence. (2) the physical infrastructure of border irrigation Lines defined by function and physical infrastructure capacity building complement with watering. (3) the physical infrastructure of irrigation as mentioned in paragraph (1) and paragraph (2) is a river, Lake, reservoir irrigation networks and bogs along the building complement. Article 52 (1) River boundary Lines for buildings and fences or permanent, measured from the top edge of the river that are not bertanggul or from the foot of the embankment of the River next to the outside/building River with distance: a. 5 (five) meters to the building; and b. three (3) meters to the permanent fence. (2) in the area of solid construction, the distance referred to in subparagraph (a) and (b) subsection (1) would be minimized each into 4 meters and 2 meters. Article 53 (1) line the border irrigation network for the building is measured from the top edge of the channels which are not bertanggul or from the foot of the embankment next to the outer channel/building irrigation or disposal with a distance of: a. 5 (five) meters to the channel with a capacity of 4 m3/dt or more; b. three (3) metres to a channel with a capacity of 1 to 4 m3/dt; and c. one (1) meter for channels with less capacity 1 m3/dt. (2) the line of the border fence, measured from the top edge of the side channels or from the outside of the foot embankment channels/building, with a distance of: a. three (3) metres for irrigation channels, retrieval and disposal as referred to in paragraph (1) letter a. b. 2 (two) meter for irrigation channels, retrieval and disposal as referred to in paragraph (1) letter b; and c. one (1) meter for irrigation channels, retrieval and disposal as referred to in paragraph (1) the letter c. (3) on the area with the construction of the solid, the distance referred to in paragraph (1) letter a and letter b, could be scaled down respectively 4 and 2 meters. The sixth Article 54 prohibition on any person, legal entity, business entities and Charities are prohibited from placing, erecting or repairing something buildings and fences or permanent yards, either in whole or in part, with a distance of less than a provision referred to in Article 52 and article 53. Article 55 (1) every person or entity prohibited from tap water from the carrier channels in places other than at specified. (2) every person or entity prohibited from tap water from underground on irrigation area of the way they were taken is done using mechanical tools, except permission first from the Governor. Article 56 any person or entity prohibited from making digs and excavations or channels or other exhaust funnel circumference of gardens or other plant with a distance less than the provisions referred to in article 52 and in more than half a metre from the surface of the ground surrounding it. Article 57 (1) The carrier or Shepherd livestock livestock binding or bringing banned cattle run above the channel and building irrigation or adjacent channels and the building. (2) The carrier or Shepherd livestock, on the orders of the officers/employees mandatory watering immediately distanced the cattle referred to subsection (1) of this article. (3) the officer watering as mentioned on paragraph (2) shall have the right to move the cattle that are bound or not bound in a manner referred to in subsection (1), of the channels and building irrigation or from a place adjacent to the channel and building irrigation. (4) the owner of the cattle was banned from releasing the cattle in the area belong to the waterworks, irrigation and building on the channel or from a place adjacent to the channel and the building, which will result in damage to the ducts and buildings. 324 323


(3) an inventory of irrigation management advocates aim to get the data amount, specifications, condition, and irrigation management supporting functionality. Article 58 in order to safeguard the sustainability of the irrigation network and buildings complement each person or entity is prohibited: a. take, digging or sliding/scrape the ground included in the irrigation network; b. damage, take, revoke and membabat protective plant grass or slab surface soil on the area belonging to the irrigation or irrigation network without the express permission of the head of Department; c. plant levee channel or the edge of a channel with no permission from the head of Department; d. close and obstructing the path of the water in any way; and e. dump/dirt into the channel and building irrigation and land area or watering. Article 59 (1) every person or entity prohibited from establishing, changing or dismantling buildings and irrigation channels in the network as well as building a complement. (2) the building referred to in subsection (1), including the above, as well as through the building of irrigation channels and such. Article 60 per person or entity prohibited from disposing of waste water/second-hand mechanical tools with or without mechanical tools into a network of irrigation can be inhibiting flow, changing the nature of water, as well as building irrigation networks along with the land of its sequence. Article 61 (1) every person or entity prohibited from disposing of or soaking the fish keramba and other materials which damage the environment in the channel and building irrigation drainage channels, except on a waster/has received the recommendations of the technical Office of the Commission's consideration of Irrigation as well as the Governor's Permission. (2) every person or entity prohibited from tapping took water from the irrigation channels and building without permission from the Governor. (3) further Provisions regarding the procedures for granting the permission referred to in subsection (1) and paragraph (2) are assigned by the Governor. CHAPTER XI is considered part of the General ASSET MANAGEMENT Article 62 (1) asset management of irrigation include inventory management, planning, implementation, management and evaluation of the implementation of the asset management of irrigation, as well as updates to the results of the inventory of assets of irrigation. (6) business entities, charities, individuals, gathering the farmer water users, and the Government of the nagari village do an inventory of assets/irrigation into his responsibilities on an ongoing basis to help local governments do a compilation of the top of the results of the inventory. (4) the local government or district/City Government carry out an inventory of irrigation assets in accordance with those powers in the management of irrigation systems. (7) local governments do a compilation of the top results of the inventory referred to in subsection (5) and paragraph (6) as the document an inventory of the assets of the irrigation area. (5) local governments do your top results of irrigation assets inventory conducted by the district/city government and carried out by local governments. (2) an inventory of irrigation network aims to get the data quantity, dimensions, type, condition, and the function of the entire assets of the irrigation water availability as well as data, the value of assets, and area of service on any irrigation area in the framework of the sustainability of irrigation systems. (1) the assets of irrigation consists of irrigation network and supporting the management of irrigation. (2) further Provisions regarding the management of irrigation assets assigned by regulation of the Governor the second part an inventory of Irrigation Assets Article 63 326 325 Article 64 (1) an inventory of irrigation networks as referred to in article 62 paragraph (2) is conducted once a year at each of the regional irrigation. (2) an inventory of irrigation management supporters as stipulated in article 62 paragraph (3) was carried out 5 (five) years in any area of irrigation. (3) the local Government developed irrigation information system based on document an inventory of irrigation assets as referred to in article 49. (4) information system of irrigation as referred to in paragraph (3) is information system of water resources. The third part of planning management of Irrigation Assets of article 65 (1) asset management Planning activities include irrigation data analysis the results of the inventory of assets of the irrigation and the formulation of a follow-up plan to optimize asset utilization of irrigation in the irrigation area. (2) local governments organize and plan asset management irrigation 5 (five) years. (3) preparation of irrigated asset management plan is done in an integrated, transparent, and accountable by engaging all users of water irrigation and irrigation network users. (4) business entities, charities, individuals, P3A or GP3A, IP3A and drafting plans for irrigation into asset management responsibilities in a sustainable way. The fourth part of the implementation of the asset management of irrigation of article 66 (1): technical irrigation Service, in accordance with the responsibility of carrying out asset management based on sustainable irrigation management plan of irrigation assets that have been set. (2) business entities, charities, individuals, P3A or GP3A, IP3A and carry out irrigation into asset management responsibilities in a sustainable way. The fifth part of the evaluation of the implementation of the asset management of irrigation Article 67 (1): technical irrigation Department to evaluate the implementation of the management of the irrigation assets each year, in accordance with the provisions of the legislation. (2) business entities, charities, individuals, or Assembly of the water users farmers help the Governor in conducting an evaluation of the implementation of the asset management of irrigation became her responsibilities on an ongoing basis. (3) evaluation of the implementation of the management of the irrigation assets referred to in subsection (1) done for the reassessment of conformity between the plan and the implementation of the asset management of irrigation. The sixth part of updating the results of an inventory of Irrigation Assets of article 68 of the updated results of the inventory of assets of irrigation is exercised by local governments in accordance with the provisions of laws and regulations CHAPTER XII FINANCING Financing is considered Part of the development and management of Irrigation Network of article 69 (1) of the local government is responsible for the development of primary and secondary irrigation network is 1000 ha up to 3000 ha. (2) Financing tertiary irrigation network development became the responsibility of P3A and nagari/village. (3) the financing of the development of the building along the channel, the sadap 50 (fifty) meters of the sadap, cribs and tertiary buildings complement other tertiary became the responsibility of the local authorities in accordance with those powers. (4) in the event the P3A, GP3A and IP3A were not able to finance the development of the tertiary irrigation network became its responsibility, in accordance with its area of Government can help financing tertiary irrigation network development, upon request, P3A GP3A and IP3A having regard to the principle of self-reliance. 328327


(8) Financing the development of irrigation network organized by business entities, social agency or body of individuals covered by each. The second part of financing management of Irrigation Network of article 70 (1) District/City Government responsible for financing the management of primary and secondary irrigation network is less than 1000 ha. (2) the financing of the management of primary and secondary irrigation network is based on the real needs of irrigation management figures on each area of irrigation. (3) the calculation of the number of real needs irrigation management in irrigation area of each local government is conducted along denganP3A search network based having regard to the contribution of P3A, GP3A and IP3A. (4) the priority use of irrigation network management costs referred to in subsection (1) in the irrigation area of the local Government of mole with P3A, GP3A and IP3A of article 71 (1) the financing of the management of primary and secondary irrigation networks as referred to in article 69 paragraph (1) is the Fund management of irrigation management became the responsibility of local governments. (2) the use of the funds allocated to irrigation as referred to in subsection (1) is carried out in accordance with the legislation. (3) the provisions on the Fund management of irrigation management became the responsibility of local government is regulated by regulation of the Governor. Article 72 (1) Financing of tertiary irrigation network management became the responsibility of the P3A, GP3A and IP3A in the region it works. (2) in the event of not being able to finance the P3A network management becomes a tertiary irrigation responsibilities, local authorities in accordance with those powers can help the financing of the management of the irrigation network, based on a request from P3A having regard to the principle of self-reliance. (3) the financing of the management of the irrigation network built by business entities, charities or individuals covered by each. (4) an irrigation network user is obligated to participate in the financing of the management of the irrigation network built by the Government, local government or district/city governments in accordance with the provisions of the legislation. Article 73 the financing Commission's operational irrigation area became the responsibility of the regions in accordance with those powers. CHAPTER XIII to LAND OVER the FUNCTION of article 74 (1) to ensure the sustainability of the function and benefits of irrigation networks, the local Government maintains the availability of irrigated land and/or control over the function of land irrigated areas in accordance with regulation perundag-invitation. (2) the authorized technical Service and responsibility in the field of irrigation plays a controlling function over the occurrence of land irrigated for non farm purposes. (3) local governments in the integrated setting irrigation potential in the plan area spatial region to support national food security. Article 75 (1) of irrigated land over the function can not be done, unless there is a change of plans: a. spatial area; and/or b. a natural disaster resulting in the loss of function of land and irrigation networks. (2) local governments seeking replacement land is irrigated with the networks caused by the change of spatial plan area. (3) the local government responsible for doing rearrangement irrigation systems in terms of: a. portion of the irrigation network baralih functions; and/or partially irrigated land b. a toggle function. (4) business entities, charities, or establishments that conduct activities that could result in the irrigated land over the function violated the spatial plan of the area as referred to in paragraph (1) letter a mandatory change of land irrigated with its network. 330329 CHAPTER XIV KEBERLANJUATAN, supervision and CONTROL SYSTEM of IRRIGATION is considered part of the control and Supervision of article 76 (1) in the development and management of irrigation, the irrigation area is carried out on each control and supervision carried out by the local government role by involving the community. (2) control and supervision as referred to in subsection (1) includes the following activities: a. monitoring and evaluation in order to comply with the norms, standards, guidelines, and manuals; b. reporting; c. the granting of recommendations; and d. the curbing. (3) the role of the community in the supervision referred to in subsection (1) done by passing on the reports and/or complaints to the appropriate authorities. (4) the P3A, business entities, social, individual and submit a report about the information development and management of irrigation systems become the responsibilities to local governments. (5) in the framework of the supervision referred to in subsection (1), the local government provides information on development and management of irrigation systems are open to the public, in accordance with the provisions of the legislation. (6) the provisions on supervision and management of the irrigation system development carried out by the local authorities governed by regulation of the Governor. The second part of the sustainability of irrigation systems Clause 77 (1) to continue the sustainability of irrigation systems need the participation of all parties supported the availability of irrigation water, irrigation facilities, institutional and financial good. (2) the local Government shall be obliged to determine the scale of priority use of water set out in water use rights based on its availability. CHAPTER XV INVESTIGATION Article 78 (1) in addition to the investigating Police officers by the Republic of Indonesia in charge of menyidik criminal acts referred to in Article 53, article 54, article 55, article 56, article 57, Article 58, article 59 and article 60 of investigation can also be performed by Officials Investigating certain civil servants in local government environment that his appointment was set in accordance with the legislation in force. (2) the authority of the investigator as referred to in subsection (1) is: a. receive, search for, collect, and researching information or reports with regard to criminal acts in the field of irrigation so that captions and the report be more complete and clear; b. researching, finding and collecting information about people, personal or agency about the truth of the acts committed in connection with the criminal act of irrigation; c. requesting information and evidence from persons, private or agency with respect to the crime of irrigation; d. examine the books, records, documents-other dokimen with regard to criminal acts in the field of irrigation; e. conducting the search to obtain evidence, bookkeeping, record keeping and other documents as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of irrigation; g. sent stop, prohibits a person leaving the room or place at the time of the ongoing examination and checking the identity of the person and or documents taken as stated on the letter e; h. photographing someone who deals with criminal acts in the field of irrigation; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; and k. performing other actions that are necessary for the smooth running of the crime investigation in the field of irrigation by law that can be accounted for. (3) the investigator as referred to in paragraph (1), notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor of the Republic State Police Investigators through Indonesia. 332331 CHAPTER XVI SANCTIONS Section One of article 79 Administrative Sanctions Against deviations from the provisions of article 53, the Governor or a designated officer authorized: a. told the owner to dismantle the building or grounds of the boundary fence at a cost that is borne by the respective owners; and b. dismantle forcibly good buildings or fences and costs are charged to the respective owners. The second part of criminal sanctions of article 80 (1) Whoever violates the provisions as referred to in article 53, article 54, article 55, article 59, article 57, article 58, article 59dan Article 60., criminal confinement and ever threatened with 6 (six) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah). (2) if the infringement a criminal offence referred to in subsection (1) is conducted by a body of law then the threat of pidananya applies to a sysop. (3) in addition to criminal sanctions as referred to in paragraph (1) to the offenders caused the disruption of the flow of water and/or destruction of building irrigation and/or contamination of irrigation water may be subject to criminal sanctions based on Act No. 7 of 2004 about water resources and Act No. 32 of 2009 on the protection and management of the environment. CHAPTER XVII the CONCLUDING PROVISIONS of article 81 of the regulation at the time of this area comes into force, then the Regulation Region of West Sumatra number 7 in 1991 tertang Watering revoked and declared inapplicable. Article 82 of the regulation implementation of local regulations are to be concluded no later than 6 (six) months from this Area Regulations enacted. Article 83 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the sheet Region of West Sumatra. Set in the desert on November 21, 2011 WEST SUMATRA GOVERNOR IRWAN PRAYITNO dto Enacted in Padang on November 21, 2011 SECRETARY of WEST SUMATRA dto Drs. h. ALI ASMAR, Vice Principal builders of the MPd NIP. 19580705 197903 1 004 GAZETTE AREA of WEST SUMATRA PROVINCE in 2011 NO: 09 334 333


EXPLANATION of APPLICABLE LOCAL WEST SUMATRA PROVINCE number 9 in 2011 ABOUT IRRIGATION i. PUBLIC Law Number 32 of 2004 concerning the provincial government, mandated the 56th Government adheres to the principle of decentralization by giving discretion to the region to conduct autonomous region with the principle approach is service to the community in a variety of areas, including the field irrigation. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government, essentially aiming to empower and improve the economy in this area of financing the Organization of the main irrigation became the responsibility of the masyarakatn and the provincial government. Government Regulation Number 38 in 2007 about the Division of Government Affairs between the Government, local governance and local governance Provincial district/city gives authority to the provinces to conduct the activities of Government that is cross-district/city, including the activities of the nonprofit keirigasian. Thus it is expected to convene to increase people's welfare, equitable justice, democratisation, and respect for local culture as well as paying attention to the potential and diversity of the region. The presence of shifting the value of water resources jointly owned in abundance and can be consumed without the cost being the economic resources into social functions, the existence of competition is the utilization of irrigation water use by other sectors and the more widespread conversion of irrigated land to other interests requires the existence of effective irrigation management policies so that the sustainability of the irrigation system and the water privileges for all users be assured. In accordance with the above reality, the provincial government provides financing of development and management of primary and secondary irrigation system, while a bevy of farmer water users can participate. Assembly of farmer water user provides the financing of development and management of irrigation systems to become its responsibility, while the provincial government in accordance with those powers can help in accordance with the request of the Assembly of farmer water users to pay attention to the principle of self-reliance. The development of irrigation network covers the activities of the development and improvement of the irrigation network, implemented on the basis of the master plan of water resources management. The provincial government is responsible for the development and improvement of primary and secondary irrigation network, while a bevy of farmer water users can participate. Water users farmers gathering was responsible for the construction of an irrigation network and an increase in the tertiary. Management of irrigation networks include operations, maintenance, and rehabilitation of irrigation networks. The provincial government is responsible for the operation, maintenance, and rehabilitation of irrigation network of primary and secondary which became those powers, while a bevy of farmer water users can participate. Tertiary irrigation network management became the responsibility of gathering the farmer water user. Keeping in mind the social, cultural and economic societies, a network of irrigation can be utilized for fisheries and other business ventures with the provisions do not impede flow, does not degrade water quality, irrigation and its network does not damage the building sequence after Assembly approval of farmers and water users to obey the rules set by the provincial government. The provincial government in accordance with its carry out oversight to the development and management of irrigation. In the course of scrutiny, the provincial government in accordance with its development and provides information on the management of irrigation systems are open to the public. The community plays a role in the oversight of the development and management of irrigation systems by means of the submission of reports and/or complaints to the appropriate authorities. II. description the SAKE ARTICLE ARTICLE article 1 is pretty clear 336 article 2 letter a 335 is the principle of transparency is the irrigation management activity is carried out in a transparent and accessible by the farming community. What is meant by the principle of self-reliance are groups (P3A, GP3A and IP3A) can stand on its own for irrigation management in accordance with the duties and responsibilities of each group of the farming community. What is meant by the principle of participatory community concern is the farmers in irrigation management, both the present primary and secondary tertiary naupun which can cope with the problems of irrigation in accordance with the existing potential. The letter b is environmentally the principle is where the farming community in the management of irrigation is obligated to pay attention to the environment in order to maintain the water resources. The letter c is the principle of sustainability is to maintain the integrity of Moorish irrigation and environment to maintain the security of the water of the rice fields on the irrigation areas of the letter d is the principle of balance is the provision in ensuring availability of water irigasiuntuk of rice farmers. The letter e is the principle of public benefit is the availability of water on irrigation area which can be used by the community as needs anyway. The letter f is the principle of alignment is in the management of irrigation, the existence of community cohesiveness in the use of irrigation water. The letter g is the principle of harmony is irrigated management activities can be adapted to the Customs and habits of the existing and implemented by local communities. The letter h is the principle of Justice is in the management of irrigation farmers ' community groups (P3A, GP3A and IP3A) can provide justice over the rights of community members/farmers. The letter i, letter j of article 3 sufficiently clear article 4 Article 5 is pretty clear pretty obvious article 6 sufficiently clear article 7 Quite obviously article 8 paragraph (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) the submission of some authority in this provision are temporary and can be returned to the provincial government. In a deal partially surrender of authority at least contain things that are related to the type of authority that is delegated, the deadline for submission, and the requirements that must be met for a handover. Subsection (4) is quite clear 338 subsection (5) is quite clear 337 paragraph (6) is quite clear paragraph (7) is quite clear paragraph (8) is quite clear Verses (9) sufficiently clear article 9 Article 10 clearly Enough clear enough article 11 paragraph (1) sufficiently clear paragraph (2) empowerment of farmers water users systematically is a way of empowerment begins with the identification of problems of an urgent development needs required according to the wishes of farmers in improved skills , followed by the measurement of conditions of Community farmers associated with the potentialities and the barriers are covering aspects of the social, cultural, economic and physical environment resources da. An integrated empowerment, that includes aspects of institutional, technical, planning, and financing and management for the purpose of menumbuhkembangkan participation and memandirikan farmers in the development and management of irrigation systems. Empowerment and sustainable berkisanambungan is carried out in accordance with the level of development of the dynamics of society and refers to the process of implementation of the development and management of irrigation systems are coordinated by the relevant agencies. Article 12 Article 13 is quite clear clear enough Article 14 Article 15 is pretty clear pretty obvious article 16 paragraph (1) sufficiently clear paragraph (2) letter a letter b is clear enough to manage the irrigation channels in the nagari, indigenous leaders and the King appoints someone as tuo (head) known as the "tuo banda" entrusted to regulate water in the area of rice fields and complete the entire problem caused by water , within certain limits. Further on there are several P3A tuo banda. the letter c is quite clear Verses (3) sufficiently clear article 17 paragraph (1) letter a is a "technical assistance", among others, in the form of technical guidance, effort, and/or equipment. Technical assistance to the Government of the district/city awarded through a process of consultation with the still give priority to the principle of self-reliance. The letter b is quite obviously the letter c quite clear paragraph (2) sufficiently clear paragraph (3) is quite clear 340339


Subsection (4) is quite clear Verses (5) sufficiently clear Article 18 article 19 clearly Quite clear enough article 20 paragraph (1) sufficiently clear paragraph (2) the duties of the Commission include the provincial irrigation irrigation area which became the authority and responsibilities of the Governor, as well as irrigation areas have been assigned to the provincial government by the Government. The definition of "representativeness" is a member of the irrigation Commission members represent the institutions related to the management of the irrigation system, the Assembly of the water users farmers, irrigation network users or groups. The definition of "irrigation network users" is the pemafaatan irrigation network in addition to the farmers get water use rights individually. Paragraph (3) the duties of the Commission include the provincial irrigation irrigation area which became the authority and responsibilities of the Governor, as well as irrigation areas have been assigned to the provincial government by the Government. Paragraph (4) sufficiently clear chapter 21 's quite clear Article 22 Article 23 is quite clear clear enough Article 24 Article 25 is quite clear clear enough Article 26 article 27 Paragraph is quite clear (1) sufficiently clear paragraph (2) sufficiently clear paragraph (3) sufficiently clear paragraph (4) the definition of "agricultural people" is the cultivation of agriculture which includes a wide range of commodities, namely agricultural food crops , fisheries, livestock, orchards, and forests, which are managed by people with certain needs of the water is not more than 2 litres per second head of household. Paragraph (5) sufficiently clear paragraph (6) of article 28 Paragraph is quite clear (1) sufficiently clear paragraph (2) the rights to water for irrigation efforts are meant only to satisfy the water needs for its own farm land outside the agriculture people. Paragraph (3) sufficiently clear paragraph (4) sufficiently clear Article 29 Article 30 is pretty clear pretty obvious article 31 Article 32 is pretty clear pretty obvious 342 Article 34 Article 33 341 pretty clear pretty obvious Article 35 Article 36 is quite clear clear enough Article 37 Article 38 clearly Enough sufficiently clear Article 39 article 40 is pretty clear pretty obvious Article 41 Article 42 is pretty clear pretty obvious Article 43 Article 44 clearly Enough sufficiently clear Article 45 Article 46 clear enough Pretty obvious Article 47 Article 48 is pretty clear pretty obvious Article 49 article 50 quite obviously quite clear Article 51 paragraph (1) sufficiently clear paragraph (2) is a "boundary line" is a security boundary for the channels and/or building irrigation networks with some distance along the channel and around the building. paragraph (3) sufficiently clear Article 52 Article 53 clearly Quite clear enough Article 54 Article 55 is quite clear clear enough Article 56 Article 57 clearly Enough sufficiently clear Article 58 Article 59 clear enough clear enough Article 60 sufficiently clear Article 61 Article 62 is pretty clear pretty obvious Article 63 Article 64 is pretty clear pretty obvious Article 65 Article 66 is pretty clear pretty obvious Article 67 Article 68 is pretty clear pretty obvious Article 69 article 70 344343 quite clear Enough Obviously Article 71 Article 72 is pretty clear pretty obvious Article 73 Article 74 is pretty clear pretty clear 75 Article 76 Article pretty clearly quite clearly Article 77 Article 78 is quite clear clear enough Article 79 Article 80 Pretty obviously Quite clear Article 81 Article 82 is quite clear clear enough Article 83 of ADDITIONAL SHEET quite clearly AREAS of WEST SUMATRA YEAR 2011 345 NUMBER 60