Implementing Rules and Regulations of Republic Act No. 10969

IRR of RA 10969Implementing Rules and Regulations

The Implementing Rules and Regulations (IRR) of Republic Act No. 10969, known as the Free Irrigation Service Act, provides free irrigation services to farmers with landholdings of eight hectares or less. This law, aimed at promoting rural development and self-sufficiency in food production, became effective on February 24, 2018. The National Irrigation Administration (NIA) is tasked with implementing the provisions, including maintaining a registry of farmers eligible for exemption from irrigation service fees and facilitating the operation and maintenance of irrigation systems. Additionally, all outstanding debts related to unpaid irrigation service fees and loans for these exempt farmers are condoned, while non-exempt users continue to be charged fees. The law emphasizes the importance of sustainable irrigation practices and the involvement of farmers in the management of irrigation systems through organized associations.

December 18, 2018

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NUMBER 10969 ENTITLED "AN ACT PROVIDING FREE IRRIGATION SERVICE, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER 3601, AS AMENDED, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES"

WHEREAS, Republic Act 10969 (RA 10969), otherwise known as Free Irrigation Service Act (FISA) was signed into law by President Rodrigo Roa Duterte on February 2, 2018;

WHEREAS, Section 13 of RA 10969 sets its effectivity fifteen (15) days from the date of its publication in the Official Gazette of the Republic of the Philippines or in at least two (2) newspapers of general circulation;

WHEREAS, RA 10969 was published in the Official Gazette of the Republic of the Philippines on February 9, 2018, thus, the law became effective on February 24, 2018;

WHEREAS, Section 10 of RA 10969 directs the National Irrigation Administration (NIA), in consultation with other concerned government agencies, farmer groups, irrigators' associations (IAs), farmer cooperatives, and other stakeholders, to promulgate the Implementing Rules and Regulations (IRR) of the Act;

NOW, THEREFORE, this IRR is issued by the National Irrigation Administration Board of Directors to guide the NIA management and staff, and other concerned departments, offices, agencies, IAs, Irrigation Service Cooperatives (ISCs), farmers, and all other stakeholders, in the implementation of RA 10969.

SECTION 1. Short Title. —

This document shall be known as the IRR of FISA.

SECTION 2. Declaration of Policy. —

This IRR is issued pursuant to the policies declared under RA 10969, to wit:

"It is the policy of the State to promote comprehensive rural development, food self-sufficiency, equitable access to opportunities and sustained productivity as key strategies to raise the quality of life in rural areas and attain overall national development.

The State shall also ensure that vital support services are made available, particularly irrigation service, through the continued construction, repair and maintenance of necessary irrigation facilities, to increase production of agricultural crops, encourage productivity, and increase the incomes of farmers.

Towards this end, the State affirms its commitment to contribute to the lowering of the cost of production through the provision of free irrigation service, and further relieve the farmers and their irrigators associations from the burden and consequence of unpaid irrigation service fees."

SECTION 3. Definition of Terms. —

The following terms or terminologies as used in this IRR are hereby defined as follows:

1. "Act" — refers to Republic Act 10969 otherwise known as the Free Irrigation Service Act of 2018 (FISA).

2. "Amortization" — refers to the amount being paid on an annual basis by IAs/ISCs before the effectivity of this Act, as repayment for the cost incurred by NIA in the construction, rehabilitation and restoration of CIS.

3. "Communal Irrigation System (CIS)" — refers to an irrigation system with a service area of less than 1,000 hectares constructed by NIA and turned over to IA/ISC for O&M.

4. "Condonation" — refers to the mode of extinguishment of obligation wherein the creditor gratuitously renounced his/her right against the debtor for unpaid or past due ISF, loans (amortizations) including applicable interests and penalties.

5. "Corporate Farm" — refers to a farm or land owned by a business entity or corporation. Farms that are being leased/rented by corporations or business groups from individual farmers shall be classified as corporate farms. Institutional users such as schools, research institutions, seed companies, and similar entities, whether publicly or privately-owned are likewise classified as corporate farms.

6. "Drainage facilities" — refers to facilities and structures, natural or man-made use to drain excess water.

7. "Farm Ditch" — refers to a channel connected to a secondary or tertiary canal which distributes irrigation water to farm areas.

8. "Fishpond" — refers to a controlled pond, artificial lake, or reservoir that is stocked with fish as well as shrimps, crabs, and other aquatic animals and is used in aquaculture for fish farming, recreational fishing or ornamental purposes.

9. "Interest" — refers to the charge for the privilege of borrowing money, typically expressed as annual percentage rate.

10. "Irrigation Management Transfer (IMT)" — refers to the program of NIA to transfer to IAs/ISCs or their respective Federations the full management of CIS and partial management, operation, and maintenance of NIS.

11. "Irrigation Service" — refers to the set of associated O&M activities provided to ensure the effective and efficient delivery and distribution of irrigation water from the source to the farms.

12. "Irrigation Service Cooperative (ISC)" — refers to a group of individuals and/or irrigation farmer-beneficiaries duly organized and registered with the Cooperative Development Authority (CDA) with the main purpose of participating in the O&M of irrigation systems.

13. "Irrigation Service Fee (ISF)" — refers to the charge or levy being imposed upon non-exempt users of irrigation water and services provided by an irrigation system.

14. "Irrigation system" — refers to the instrumentality or system of infrastructures supplying land with water by means of constructed canals, ditches, and other facilities to promote the growth of food crops. It consists of an intake structure, reservoir, pumping station, a conveyance system, a distribution system, a field application system, and a drainage system.

15. "Irrigators' Association (IA)" — refers to a group of farmers being served by an irrigation system, duly organized according to water source or hydrological boundaries and registered with the Securities and Exchange Commission (SEC) as non-stock, non-profit entity with the main purpose of actively participating in the development, construction and O&M of the entire irrigation system or parts thereof.

16. "Landholding" — refers to the area of a farm owned by a farmer or a landowner receiving irrigation and/or drainage services.

17. "Loan" — refers to the cost incurred in the construction, rehabilitation, restoration, and repair of CIS. The amount spent is advanced by NIA and treated as an interest-free loan of an IA which the latter repays back or amortizes usually on an annual basis over a period not exceeding fifty (50) years.

18. "Main Canal" — refers to the main channel where diverted water from the source (intake, dam) is distributed to secondary canals.

19. "National Irrigation System (NIS)" — refers to an irrigation system with a service area of 1,000 hectares or more, constructed and owned by the government through NIA.

20. "Operation and Maintenance (O&M)" — refers to the set of activities comprising of among others, the operation of storage and diversion dams, pumps, gates, turnouts, and drainage ditches; preparation and implementation of cropping irrigation schedules; maintenance of the physical facilities including service and access roads and repairs of minor damages.

21. "Past due account" — refers to an account not paid or settled as of its due date.

22. "Penalty" — refers to extra charge imposed for late repayment of scheduled fees and loans.

23. "Plantation" — refers to a large-scale farm or land under single control or ownership, and primarily used for growing cash or industrial crops.

24. "Registry" — refers to the list of all farmer-beneficiaries and other irrigation system users in NIS and CIS.

25. "Secondary Canal" — refers to a channel or conveyance structure connected to a main canal which distributes water to specific irrigation areas.

26. "Service Area" — refers to the total area served by an irrigation system after project construction and turned-over/commissioned for O&M.

27. "System Management Committee (SMC)" — refers to a committee organized at the irrigation system level with NIA as lead agency, and IAs/ISCs, relevant government agencies, LGUs, and other institutions as members tasked with the overall planning, monitoring and evaluation of O&M activities of the irrigation system including the provision of support services and assistance programs to farmers.

28. "Tertiary Canal" — refers to a channel or conveyance structure connected to a secondary canal which distributes water to irrigation areas.

29. "Writing off" — refers to the process of cancellation from an account of a bad debt or worthless asset.

SECTION 4. Scope of Free Irrigation Service. —

Upon the effectivity of RA 10969, all farmers with landholdings of eight (8) hectares and below are hereby exempted from paying irrigation service fees (ISF) for water derived from national irrigation systems (NIS) and communal irrigation systems (CIS) that were, or are to be, funded, constructed, maintained and administered by the NIA and other government agencies, including those that have been turned over to irrigators associations (IAs).

Rule 4.1 — An exempted farmer or landowner is one who owns a total landholding of eight (8) hectares or less regardless of location, not necessarily contiguous farm lots but the aggregate of all the lots and parcels owned by a farmer or landowner who uses irrigation facilities of any NIS or CIS.

Rule 4.1.1 — As provided under PD 552, unpaid ISF is lien to the land. Therefore, landholding size shall be determined based on the owner of the land and not who actually tills such landholding.

Rule 4.2 — Within ninety (90) days from the effectivity of this IRR, NIA shall prepare and maintain a "Registry" of farmers and other irrigation system users which shall contain the name of farmer/landowner, actual tiller, size, and location of the landholding, and Original Certificate of Title (OCT) number. (Form 1)

Any subsequent dealings or transactions involving landholdings in the Registry, whether voluntary or involuntary shall be disclosed. Updating of the Registry shall be done every cropping season.

Rule 4.3 — Apart from the OCT referred to in the immediately preceding rule, the following shall be considered as evidence of ownership which shall be used as basis for determining the extent of a farmer's/landowner's landholding:

(1) Transfer Certificate of Title (TCT);

(2) Certificate of Land Ownership Award (CLOA);

(3) Emancipation Patent (EP);

(4) Tax Declaration;

(5) Certificate of Landholdings issued by the Office of the Treasurer of the concerned LGU, the Land Registration Authority, or the Department of Agrarian Reform; and

(6) Any other evidence which NIA may consider sufficient under applicable laws to prove the landholdings of any farmer or landowner.

Rule 4.4 — Farmers or landowners who are not included in the Registry of exempt farmers created pursuant to Rules 4.1 and 4.2 hereof may request NIA for their inclusion upon presentation of verified proof of the size of landholdings as stipulated in Rule 4.3. Such request for inclusion shall be approved by the authorized NIA official.

Farmers with more than eight (8) hectares of land, corporate farms, and plantations drawing water for agricultural crop production; fishponds, and other persons, natural or juridical, drawing water for non-agricultural purposes from NIS and CIS, or using the irrigation systems as drainage facilities, shall continue to be subject to the payment of ISF.

Rule 4.5 — Any farmer, landowner or water user owning an aggregate landholding of more than 8 hectares, regardless of location and crops grown, who uses irrigation facilities of any NIS or CIS is not exempted in the payment of ISF and therefore shall be fully charged the equivalent ISF for the whole area he/she owns, and not just the excess of the 8 hectares. For illustration purposes, a farmer/landowner owning 10 hectares will pay ISF for the whole 10 hectares, not just the 2 hectares excess.

Rule 4.6 — Corporate farms and plantations covered by any NIS or CIS shall be charged with the equivalent ISF regardless of the size of area irrigated or served.

Rule 4.7 — Fishponds and other non-agricultural crop users, regardless of the area served by any CIS and NIS, shall likewise be charged with the applicable ISF. If these users consume more water and thus compete with rice and other agricultural crops, the NIA and IA/ISC shall regulate their water allocation.

Rule 4.8 — The use of irrigation system facilities as drainage means or outlets other than for removing the excess water from the irrigation system shall be strictly regulated. It must be ascertained by NIA and the concerned IA/ISC that water being drained into an irrigation facility is free from elements and materials detrimental or hazardous to crops, animals and humans.

Rule 4.9 — The NIA shall issue the necessary policy and guidelines including fees to be charged for the use of irrigation systems as drainage facilities.

Rule 4.10 — The rate of ISF for non-exempt irrigation water users for rice, other crops, and fishponds is presented in Annex 1.

Rule 4.10.1 — Farms of non-exempt irrigation water users whose average actual harvest of palay (rice) is only 40 cavans (2,000 kilograms) per hectare or less shall be exempted from payment of ISF based on the actually-damaged lots/farms provided that the harvesting is duly verified by NIA following existing policy and guidelines.

SECTION 5. Condonation and Writing Off of Loans, Past Due Accounts and Penalties of Farmers and Irrigators Associations. —

To achieve the objectives of this Act, all unpaid ISF and the corresponding penalties of farmers with eight (8) hectares and below to NIA, and all loans, past due accounts and the corresponding interests and penalties of IAs to NIA, are hereby condoned and written off from the books of NIA.

Rule 5.1 — To further implement Section 4 of this Act, the following shall apply:

Rule 5.1.1 — Farmers or landowners who are exempted in the payment of ISF as described in Rule 4.1 of this IRR are covered by condonation and writing off of unpaid ISF and the corresponding penalties subject to existing rules and regulations.

Rule 5.1.2 — Non-exempt farmers, landowners and other users as described in Rules 4.5, 4.6, 4.7, 4.8 and 4.9 of this IRR are not covered by the condonation and writing off of unpaid ISF policy. Therefore, their past due accounts and corresponding penalties shall still be collected by NIA.

Rule 5.1.3 — All loans of IAs to NIA including amortization of CIS loans, past due accounts and the corresponding interest and penalties thereto are also condoned and written off from the books of NIA.

Rule 5.2 — Upon completion of the Registry described in Rule 4.2 of this IRR, NIA shall, in compliance with Article 1270 of the Civil Code, secure the written acceptance of each farmer or landowner whose debt is to be condoned considering that condonation or remission is essentially gratuitous.

Rule 5.3 — The condonation and writing off of indebtedness pursuant to Section 5 of this IRR shall be in accordance with all applicable accounting and auditing guidelines and procedures.

Rule 5.4 — Consistent with the objectives of this Act, collection of past due accounts, including the interests and penalties, from exempted water users that were already filed in court(s) by NIA before the effectivity of this Act are deemed condoned or cancelled and written off from the books of NIA. However, pending cases of collection involving non-exempt water users shall be continuously pursued by the Agency.

The Legal Services Department of NIA shall conduct a review of all pending cases involving the collection of past due accounts to determine the appropriate action to be undertaken.

SECTION 6. Operation and Maintenance (O&M) of National Irrigation Systems. —

The NIA shall continue to develop, operate and maintain NIS. However, it may delegate the O and M of secondary and tertiary canals and farm ditches to capable IAs. The NIA shall provide the equivalent funds for the O and M of these facilities.

The NIA shall issue the necessary policies, qualification requirements and selection process in determining the capability and capacity of IAs/ISCs to operate and maintain these portions of NIS.

Rule 6.1 — The development of new irrigation systems, expansion or extension of the service areas and restoration of non-operational areas of existing irrigation systems shall be a continuing thrust of NIA. The development programs, projects, and activities shall be based on the Irrigation Masterplan and Annual Inventory of Irrigation Systems.

Rule 6.2 — To sustain the gains in irrigation development and discourage conversion of irrigated lands into other uses especially to non-agricultural applications, the NIA in coordination with concerned agencies shall strictly implement a "no irrigated land conversion policy." Without prejudice to the imposition of administrative sanction by appropriate government agencies, premature development of any portion of the service area of an irrigation system shall be subjected to existing NIA policy on irrigation development cost recovery.

Rule 6.3 — The generation of new areas should contribute to the increase in the percentage of irrigation development, restoration works to recover non-operational areas and increase cropping intensity, and repair and rehabilitation activities to increase irrigation systems efficiencies.

Rule 6.4 — NIA shall continue to manage the main facilities of NIS such as dams, reservoirs, intakes, headworks/diversion works, pumping stations, main canals and large lateral canals considering the complexity in the O&M of these structures and facilities.

Rule 6.5 — The management of the secondary facilities and structures of NIS specifically medium-sized laterals, sub-laterals, turnouts, farm ditches, farm drains and other terminal facilities will be transferred to IAs/ISCs or Federations.

Rule 6.6 — Under the Irrigation Management Transfer (IMT) program, NIA is mandated to delegate or transfer partial management of the O&M of NIS to duly organized IA, IA Federations or Irrigation Service Cooperatives (ISCs). The transfer of O&M responsibilities from NIA to the IAs/ISCs should be gradual, partial or whole, and dependent on the size of the NIS and capacity of the IAs/ISCs to assume management responsibilities.

Rule 6.7 — The irrigation facilities to be transferred to IA/ISC/Federation for O&M are listed in Attachment 2 of the IMT Contract.

Rule 6.8 — The IA/ISC functionality survey conducted annually shall be the basis in determining any IAs'/ISCs' readiness to take over O&M responsibilities under IMT.

The NIA IMT policy and implementing guidelines will serve as basis in the transfer of O&M of NIS from NIA to IA/ISC.

Shown in Annex 2 are the guidelines for the conduct of the annual IA/ISC Functionality Survey.

Rule 6.9 — A modified NIA-IA/ISC contracting arrangement with only one (1) type of IMT contract will be adopted indicating therein the specific irrigation facilities and structures to be transferred, area coverage, O&M responsibilities of NIA and IA/ISC, and compensation or subsidy for the IA/ISC.

Shown in Annex 3 is a proto-type modified IMT Contract.

Rule 6.10 — For taking over O&M management responsibilities under the IMT program, the IAs/ISCs shall be provided with subsidy as follows:

1. Operations Subsidy — @P150 per hectare per season based on the validated list of irrigated and planted area.

2. Maintenance Subsidy — @P1,750 per canal section per maintenance period (every 45 days, maximum six times in one (1) year).

- One (1) canal section is equivalent to:

 3.5 kilometers for earth canals

 7.0 kilometers for concrete-lined canals

The IAs/ISCs can formulate policies to generate funds for their operational expenses, provided such policies are approved by their General Assemblies.

Rule 6.11 — The rates, basis of computations and other conditions of the IA/ISC O&M subsidy program shall be reviewed and updated by NIA in consultation with the IAs/ISCs every two (2) years or earlier as necessary.

Shown in Annex 4 are sample guidelines and computation of IA/ISC subsidies.

SECTION 7. Operation and Maintenance of Communal Irrigation Systems. —

CIS shall continue to be operated and maintained by IAs. In lieu of the ISF that are no longer billed from exempt farmers, the national government shall provide the equivalent funds for the O and M of CIS.

Rule 7.1 — After the completion of construction, rehabilitation, repair or restoration works of CIS, its O&M shall be turned over to duly organized IAs/ISCs. The different IA/ISC O&M committees which were created and developed will be mobilized to assist the IA/ISC officers in managing the irrigation system.

Rule 7.2 — The IMT policy and guidelines applied in NIS shall also be adopted in CIS. As such, after completing the preparatory activities and ascertaining IA/ISC readiness, the IMT contract shall be signed by the IA/ISC and NIA.

Rule 7.3 — Similar with their NIS counterparts, the IAs/ISCs in CIS will also receive subsidies for the O&M of the irrigation system with same rates, basis of computation, and other terms and conditions in the IMT contract.

SECTION 8. Collection and Use of ISF. —

In addition to funds provided by the national government for O and M of NIS and CIS, the NIA shall issue the necessary guidelines on the collection and use of ISF, including unpaid ISF, of those not exempted under this Act.

Rule 8.1 — As mandated in this Act, ISF shall be collected by NIA from non-exempt farmers and other users as defined in Rules 4.5, 4.6, 4.7, 4.8 and 4.9 of this IRR. The NIA may authorize the IA/ISC to collect ISF from non-exempt farmers and other users under a NIA-IA/ISC collection agreement to be incorporated in the IMT contract.

Rule 8.2 — The established NIA guidelines and procedures in the billing, collection and remittance of current and unpaid ISF for non-exempt farmers and other irrigation system users shall be strictly followed.

Rule 8.3 — All ISF collections shall be remitted directly to the NIA Central Office in the form of bank draft issued by any NIA-authorized bank. Net of the IA/ISC share, the collections shall form part of the NIA's current operating budget.

Rule 8.4 — IAs/ISCs with ISF collection agreement with NIA shall utilize their share to augment the O&M subsidies being received under Rules 6.9 and 6.10 of this IRR.

SECTION 9. Technical Assistance to Irrigators Associations. —

The NIA and other government agencies shall provide technical assistance to IAs on the O and M of national and communal irrigation systems and on farm enterprises management.

Rule 9.1 — Adopting the participatory approach concept, farmer-beneficiaries in new irrigation areas shall be organized into IAs or, in some cases, into ISCs, based on water source or hydrological boundaries. The purpose of organizing the farmers is for them, through their IAs or ISCs, to actively participate in the different phases of irrigation development, most especially in the full or partial management of the O&M of the irrigation systems.

Rule 9.2 — IAs should be registered with the SEC as non-stock corporations while ISCs should be registered with the CDA as stock entities.

Rule 9.3 — Relevant capacity building and training programs on leadership and management, financial management, irrigation system management, value orientation and other training modules that will be identified based on needs assessment shall be conducted for the IAs/ISCs.

Rule 9.4 — To implement and sustain efforts in strengthening the mass base of the IAs/ISCs, NIA and other agencies such as Department of Agriculture (DA), Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), Philippine Crop Insurance Corporations (PCIC), Land Bank of the Philippines (LBP), Local Government Units (LGUs), and other agencies shall continue to support the IAs/ISCs by providing assistance to the IA/ISC leaders and officers in conducting appropriate orientation seminar, trainings and refresher courses for the general membership of these associations.

Rule 9.5 — To ensure sustainability of the existing IAs and ISCs, institutional interventions and assistance programs shall be continually provided based on the results of the annual functionality survey. These include but not limited to trainings, technical assistance in the compliance to legal requirements by relevant agencies, close monitoring and evaluation of IAs'/ISCs' performance, and assistance in establishing linkages for support services from other government and non-government organizations.

Rule 9.6 — All duly organized IAs/ISCs within the service area of an irrigation system shall be federated at the System's level for the purpose of achieving well-coordinated O&M activities especially on the equitable distribution and use of irrigation water.

Guidelines and procedures in the formation and development of IA/ISC federation is attached in Annex 5.

Rule 9.7 — System Management Committees (SMC) shall be established and/or strengthened in all NISs and IMOs.

The guidelines for the establishment of SMC is attached in Annex 6.

Rule 9.8 — To be spearheaded by NIA in close coordination with IAs/ISCs and their respective federations, organization of provincial and/or regional congresses shall be encouraged as venues for discussions of the issues and problems being encountered by the NIA and IAs/ISCs, and, thereby, jointly come up with suitable strategies and action plans to resolve such issues and problems most importantly those at the local level.

SECTION 10. Appropriations. —

The amounts necessary for the implementation of this Act shall be included in the annual General Appropriations Act.

Rule 10.1 — To ensure the smooth implementation of this Act, NIA shall prepare annual budgets responsive to the country's irrigation development and management requirements. Priority items in the budget are programs, projects and activities related to:

Rule 10.1.1 — Irrigation Systems Development Program

To generate new irrigation areas through the construction of new NISs, establishment of pump irrigation systems, construction of small reservoir systems, and small irrigation systems, and expansion of the service areas of existing irrigation systems.

Rule 10.1.2 — Irrigation Systems Restoration, Repair, Rehabilitation Program

To restore non-operational areas contributing to increase in cropping intensities, repair and rehabilitation of facilities and structures to improve system efficiencies of existing NIS and CIS; to repair existing groundwater pump irrigation systems; and implementation of the irrigation component of the comprehensive agrarian reform program.

Rule 10.1.3 — Support to operations

To include the conduct of feasibility studies of potential irrigation systems and preparation of corresponding detailed engineering projects found to be feasible; procurement of heavy equipment for O&M; quick response/urgent repair of facilities and structures to avoid further deterioration; modernization of monitoring and evaluation of O&M activities through the establishment of farmland geographical information system; and capacity building and institutional development programs.

Rule 10.1.4 — General Administration and Support

Provision of budget for operating subsidy; irrigation fee subsidy to include support to O&M for areas and facilities transferred to IAs; funds for the repair and O&M of large pump NIS.

SECTION 11. Effectivity. —

This IRR shall remain effective unless explicitly and specifically amended by authority of the NIA Board of Directors.

By Authority of the Board:

(SGD.) GEN. RICARDO R. VISAYA (RET.)

NIA Administrator

ANNEX 1

Rate of Irrigation Service Fee (ISF) for Non-Exempt Farmers/Irrigation Users1/

 

TYPE OF SYSTEM/CROP

WET SEASON CROPPING

DRY SEASON CROPPING

THIRD CROPPING

1. Reservoir System

• Rice

2.5 cav/ha

3.5 cav/ha

3.5 cav/ha

• Other Crops

60% of the rate of rice

• Fishpond

6 cav/ha

2. Diversion System

• Rice

2.0 cav/ha

3.0 cav/ha

3.0 cav/ha

• Other Crops

60% of the rate of rice

• Fishpond

5 cav/ha

3. Pump System

• Rice

2-10 cav/ha

2.75-12 cav/ha

2.75-12 cav/ha

• Other Crops

60% of the rate of rice

• Fishpond

15 cav/ha

4. Stand-Alone Pump System2/

• Rice

60% of the standard/prevailing rates for reservoir, diversion and pump systems as the case may be.

• Other Crops

• Fishpond

1/ — Rate of ISF is in cavans per hectare, where one (1) cavan = 50 kilograms. Payment of ISF is in cash that is based on the prevailing government support price for palay.

2/ — Refers to irrigation water pumps installed by individual or small group of farmers drawing water from: (1) Irrigation canals; (2) Drainage channels inside irrigation system; (3) Shallow groundwater inside irrigation system.

ANNEX 2

Implementing Guidelines in the Conduct of IA/ISC Functionality Survey

I. INTRODUCTION

IAs/ISCs are organized and developed to serve as NIA's partners in the efficient and effective operation and maintenance (O&M) of irrigation systems. Their capability to manage their organizations and undertake O&M responsibilities are developed and sustained through training, close monitoring and the provision of other capability program and technical assistance in the performance of their responsibilities.

As basis for planning the necessary assistance to organized IAs/ISCs, there is a need for an instrument for assessing the level of their functionality or performance. This functionality survey instrument was developed for this purpose.

Considering the variations and dynamics of irrigation system management in their operation, separate survey forms will be used NISs and CISs.

These guidelines specify the different indicators/criteria, percentage weights, forms and procedures in conducting the surveys.

II. OBJECTIVES

The objectives of the survey are to:

1. Assess the functionality status and performance of the IAs/ISCs;

2. Identify aspects wherein the IAs/ISCs are functional or non-functional;

3. Provide basis for determining appropriate assistance programs for the IAs/ISCs; and

4. Provide basis for the awards and incentives for the annual search for the Regional and National Outstanding IAs/ISCs in NISs and CISs.

III. CRITERIA FOR IA/ISC FUNCTIONALITY SURVEY

The major group of indicators/criteria for evaluating the functionality of an IA/ISC is under the IRRIGATION AND IA/ISC MANAGEMENT-RELATED INDICATORS. These indicators cover the responsibilities/activities that an IA/ISC performs in relation to irrigation management as follows:

A. OPERATION AND MAINTENANCE PERFORMANCE — this group of indicators cover O&M planning, implementation and performance;

B. FINANCIAL PERFORMANCE — this covers financial planning and budgeting, financial accomplishments (actual versus target), financial control, current ratio (assets over liabilities) and viability index (income over expenses);

C. ORGANIZATION AND ORGANIZATIONAL DISCIPLINE — this group of indicators include IA/ISC membership, conduct of IA/ISC meetings, maintenance/safekeeping of IA/ISC records/system & quality of files, holding of elections, conflict resolution, imposition of membership discipline/sanctions, attendance in meetings and participation in group works;

D. ASSISTANCE PROGRAM AND SUPPORT SERVICES AND LINKAGES — this covers the assistance provided to the IA/ISCs that will provide support to augment their farm and household income both beneficial not only to the IA/ISC officers but also for the IA/ISC members. This group of indicators also include the agricultural-support services and linkages of the IA/ISC with the LGUs, NGOs, Government Agencies and other lending institutions; and

E. SPECIAL FEATURES OF AN IA/ISC — this includes the IA/ISC acquisition of an Office, furniture/fixtures and equipment, local and international awards and recognition for their outstanding performances.

IV. IA/ISC PERFORMANCE WEIGHTS AND POINTS SCORES

The highest point given is for the Operation and Maintenance because an IA/ISC is primarily organized for this purpose. The next higher point is given to the Financial Performance because an IA/ISC must be sustainable and viable to manage its irrigation system, hence must have cash in banks and trust funds for the immediate repairs of their structures and facilities under their jurisdictions. The allocation of points/weights is shown below:

 

a. Operation and Maintenance Performance

-

35%

b. Financial Performance

-

26%

c. Organization and Organizational Discipline

-

25%

d. Assistance Program and Support Services/Linkages

-

10%

e. Special Features of an IA/ISC

-

4%

 

 

–––––––

TOTAL POINTS SCORE

-

100%

 

The procedures for computing the Final Rating of an IA/ISC is illustrated in Table 1 — for NIS and Table 2 — for CIS.

From the final rating, the Adjective Rating of an IA/ISC is determined using the following ranges:

 

Final Rating

Adjective Rating

95 to 100

Outstanding

85 to 94

Very Satisfactory

75 to 84

Satisfactory

65 to 74

Fair

Below 65

Poor

 

Table 1 — NIS Sample Computation of Final Rating

INDICATORS

HIGHEST POSSIBLE RAW SCORE

HIGHEST POSSIBLE RATING

ACTUAL RAW SCORE

ACTUAL RATING

(1)

(3)

(4)

(5)

(6) = (5)/(3)*(4)

A. OPERATION & MAINTENANCE

35.00

35.00

31.00

31.00

1. M Planning

6.00

 

5.00

 

2. M Implementation

15.00

 

12.00

 

3. M Performance

14.00

 

14.00

 

B. FINANCIAL PERFORMANCE

26.00

25.00

25.00

25.00

1. Financial Plan/Budget

2.00

 

2.00

 

2. Financial Accomplishment

12.00

 

11.00

 

3. Current Ratio

3.00

 

3.00

 

4. Viability Index, %

3.00

 

3.00

 

5. Capital Build-up/Trust Fund

1.00

 

1.00

 

6. IA/ISC Viability

1.00

 

1.00

 

7. Remittances of Maintenance Dues

1.00

 

1.00

 

8. Financial Control/Audit

2.00

 

2.00

 

C. ORGANIZATION & ORGANIZATIONAL DISCIPLINE

25.00

25.00

25.00

25.00

1. Organizational Plan/Program

1.00

 

1.00

 

2. Membership, %

2.00

 

2.00

 

3. TSA Meeting, (frequency)

2.00

 

2.00

 

4. BOD Meeting, (frequency)

2.00

 

2.00

 

5. GA/Members' Meeting, (frequency)

2.00

 

2.00

 

6. Canal Maintenance, (frequency)

2.00

 

2.00

 

7. Records/Files

7.00

 

7.00

 

8. Holding of Election, (frequency)

1.00

 

1.00

 

9. Conflict Resolution

1.00

 

1.00

 

10. Imposition of Members' Discipline/Sanctions to Policies

1.00

 

1.00

 

11. Attendance to TSA Meeting, %

1.00

 

1.00

 

12. Attendance to BOD Meeting, %

1.00

 

1.00

 

13. Attendance to GA Meeting, %

1.00

 

1.00

 

14. Attendance to Canal Maintenance, %

1.00

 

1.00

 

D. ASSISTANCE PROGRAM/SUPPORT SERVICES & LINKAGES

10.00

10.00

10.00

10.00

1. Assistance Program

8.00

 

8.00

 

2. Support Services and Linkages

2.00

 

2.00

 

E. SPECIAL FEATURES OF AN IA/ISC

4.00

4.00

4.00

4.00

 

 

 

 

 

FINAL IA/ISC RATING

100.00

100.00

 

95.00

ADJECTIVE RATING

 

 

 

VS

 

Formula for computation on actual rating is:

Actual Rating, % = (Sum of the actual score in each indicator group/highest possible raw score in each indicator group) x (weight, % for each indicator group). The final rating is the total of actual rating obtained by the IA/ISC in each of the five (5) major indicators.

 

Table 2 — CIS Sample Computation of Final Rating

INDICATORS

HIGHEST POSSIBLE RAW SCORE

HIGHEST POSSIBLE RATING

ACTUAL RAW SCORE

ACTUAL RATING

(1)

(3)

(4)

(5)

(6) = (5)/(3)*(4)

A. OPERATION & MAINTENANCE

35.00

35.00

31.00

31.00

1. M Planning

6.00

 

5.00

 

2. M Implementation

15.00

 

12.00

 

3. M Performance

14.00

 

14.00

 

B. FINANCIAL PERFORMANCE

26.00

25.00

25.00

25.00

1. Financial Plan/Budget

2.00

 

2.00

 

2. Financial Accomplishment

12.00

 

11.00

 

3. Current Ratio

3.00

 

3.00

 

4. Viability Index, %

3.00

 

3.00

 

5. Capital Build-up/Trust Fund

1.00

 

1.00

 

6. IA/ISC Viability

1.00

 

1.00

 

7. Remittances of Maintenance Dues

1.00

 

1.00

 

8. Financial Control/Audit

2.00

 

2.00

 

C. ORGANIZATION & ORGANIZATIONAL DISCIPLINE

25.00

25.00

25.00

25.00

15. Organizational Plan/Program

1.00

 

1.00

 

16. Membership, %

2.00

 

2.00

 

17. TSA Meeting, (frequency)

2.00

 

2.00

 

18. BOD Meeting, (frequency)

2.00

 

2.00

 

19. GA/Members' Meeting, (frequency)

2.00

 

2.00

 

20. Canal Maintenance, (frequency)

2.00

 

2.00

 

21. Records/Files

7.00

 

7.00

 

22. Holding of Election, (frequency)

1.00

 

1.00

 

23. Conflict Resolution

1.00

 

1.00

 

24. Imposition of Members' Discipline/Sanctions to Policies

1.00

 

1.00

 

25. Attendance to Sector Meeting, %

1.00

 

1.00

 

26. Attendance to BOD Meeting, %

1.00

 

1.00

 

27. Attendance to GA Meeting, %

1.00

 

1.00

 

28. Attendance to Canal Maintenance, %

1.00

 

1.00

 

D. ASSISTANCE PROGRAM/SUPPORT SERVICES & LINKAGES

10.00

10.00

10.00

10.00

1. Assistance Program

8.00

 

8.00

 

2. Support Services and Linkages

2.00

 

2.00

 

E. SPECIAL FEATURES OF AN IA/ISC

4.00

4.00

4.00

4.00

 

 

 

 

 

FINAL IA/ISC RATING

100.00

100.00

 

95.00

ADJECTIVE RATING

 

 

 

VS

 

Formula for computation on actual rating is:

Actual Rating, % = (Sum of the actual score in each indicator group/highest possible raw score in each indicator group) x (weight, % for each indicator group). The final rating is the total of actual rating obtained by the IA/ISC in each of the five (5) major indicators.

V. COVERAGE AND SCHEDULE OF CONDUCT

All IA/ISCs within the irrigated areas of NISs and within the operational CISs are to be subjected to the functionality evaluation. The functionality survey must cover the annual performance of an IA/ISC (means an average of two cropping). Results of IA/ISC Functionality evaluation are needed at the start of the year, in time for planning activities to be done to strengthen or sustain the IA/ISCs, and for the annual selection of the Regional and National Outstanding IA/ISCs which are given awards in June each year. Hence, the evaluation covers the operation of the IA/ISC ending December of each year.

Evaluation of IA/ISCs both in NIS and CIS is done by the SWRFTs, WRFTs and/or IDOs of the Irrigation Management Offices (IMOs) using IA/ISC Functionality Survey Questionnaires (Annex 2 — Attachments 1 and 2). In both cases, the Regional Institutional Development Section (IDS) Staff should provide technical assistance and guidance.

A summary of the IA/ISC Functionality Survey both for NIS & CIS must be done by the IDS Chief of the IMO. It shall be submitted to the Manager of the IMO for signature, who will then endorse the same to the Regional Irrigation Manager (RIM) on or before the end of February of each year.

The Regional Validation Team composed of IDS Staff, representative from Administrative & Finance Section, Operations Staff and Engineering Staff shall validate the results of the IA/ISC Functionality Survey submitted by the IMOs. The validated results are submitted to the Regional Irrigation Manager for approval and subsequent submission to the NIA Central Office through the Institutional Development Division on or before March 15 of each year.

ATTACHMENT 1

IA/ISC Functionality Survey Form

ATTACHMENT 2

IA/ISC Functionality Survey Form

ANNEX 3

Modified Irrigation Management Transfer Contract (Proto-Type)

 

BY AND BETWEENname of Irrigators Association/Irrigation Service)

KNOW ALL PERSONS BY THESE PRESENTS:

This CONTRACT executed and entered into this ___ day of (month and year), at (municipality and province) by:

The NATIONAL IRRIGATION ADMINISTRATION, a government corporation with principal office at NIA Building, Epifanio delos Santos Avenue, Diliman, Quezon City, and represented herein by (name of representative), who is authorized in his capacity as (position of representative) of the (name of Irrigation System), with office at (office address) and hereinafter referred to as the NIA;

and

The (name of IA/ISC/Federation), an organization duly organized and registered in accordance with the laws of the Philippines with principal office at (office address of the IA/ISC/Federation), and represented herein by (name of representative), who is authorized in his capacity as (position of representative) of the organization and hereinafter referred to as the IA/ISC/Federation.

WITNESSETH THAT:

WHEREAS, the NIA, pursuant to its Charter and other relevant laws of the Philippines, and in accordance with its objective of improving operation and maintenance (O&M) performance and sustainability of irrigation systems, is promoting the delegation of either partial or full management of irrigation systems to IA/ISCs/ISCs/ Federations under the Agency's Irrigation Management Transfer (IMT) program;

WHEREAS, the NIA is willing to transfer the management and O&M of the (name of canal and/or NIS/CIS being transferred) to the IA/ISC/Federation under the IMT Program;

WHEREAS, the IA/ISC/Federation signifies its desire, willingness and readiness to manage, operate and maintain the (name of canal and/or NIS being transferred);

WHEREAS, the IA/ISC/Federation has demonstrated its total cooperation and persistent enthusiasm by attending all activities in preparing its officers and members in their new and bigger roles in system O&M under the IMT Program;

WHEREAS, the IA/ISC/Federation has undergone and passed all the preparatory organization, training, participatory planning and consultations, and functionality assessment as established and required under the IMT Program;

WHEREAS, both parties believe that the IMT Program will benefit the NIA, the IA/ISC/Federation and the farmers in terms of better irrigation service, improved agricultural production, and equitable sharing of burden and benefits in O&M of irrigation facilities;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the NIA and the IA/ISC/Federation agree as follows:

A. DEFINITION OF TERMS

The definition of important terms as contained in this Contract is presented in Attachment 1 and specifically made as an integral part of this Contract.

B. IRRIGATION FACILITIES AND STRUCTURES UNDER IMT

Listed and described in Attachment 2 are the irrigation facilities and structures under NIA responsibility and those to be transferred to the IA/ISC/Federation for O&M management and, if applicable, facilities and structures under joint NIA and IA/ISC responsibility.

C. GENERAL OBLIGATIONS OF THE NIA

The NIA shall have the following general obligations in this Contract:

1. Plan, implement and monitor its activities related to O&M and repair of the irrigation system;

2. Provide capability development program such as on-the-job training to the IA/ISC/Federation on: a) irrigation system management and O&M; b) organizational management; and, c) financial management;

3. Assist the IA/ISC/Federation in formulating policies and procedures in the performance of its obligations under this Contract;

4. Undertake the monitoring and evaluation of the performance of the IA/ISC/Federation relative to this Contract;

5. Provide technical assistance to the IA/ISC/Federation particularly in the preparation of O&M plan and budget;

6. Monitor and provide technical assistance to the IA/ISC/Federation in the implementation of their O&M plan and budget; and

7. Provide technical assistance and support to the IA/ISC/Federation for the promotion of modern agricultural technologies to help the government in its program of increasing rice production and attaining rice sufficiency.

D. GENERAL OBLIGATIONS OF THE IA/ISC/FEDERATION

The IA/ISC/Federation shall have the following general obligations in this Contract:

1. Plan, implement and monitor its activities related to O&M and repair in its area of jurisdiction;

2. Prepare an annual O&M budget, allocating at least 60 percent to maintenance and other operating expenditures and, at most, 40 percent to personal services;

3. Establish a "Repair and Maintenance Trust Fund" that will get a yearly budget allocation equivalent to at least six percent (6%) of the yearly income of the IA/ISC/Federation. Unused amount in the fund shall accumulate and shall be reserved for any major repairs of irrigation facilities in the future;

4. Formulate policies and procedures in the performance of its obligations under this Contract based on fair and equitable sharing of burdens, efforts and benefits at various levels of the organization, i.e., farmer-members, turnout service area group (TSAG), IA/ISC, and Federation or Council of IA/ISCs/ISCs;

5. Allow NIA access to the records, books of accounts, and other documents of the IA/ISC/Federation relative to the O&M of the subject irrigation facilities; and

6. Assist the NIA in promoting the program of increasing rice production.

E. SPECIFIC RESPONSIBILITIES OF THE PARTIES

The specific responsibilities of the NIA and the IA/ISC/Federation are presented as Attachment 3 of this Contract.

F. IA/ISC/FEDERATION SUBSIDY

The IA/ISC/Federation O&M subsidy shall be based on existing NIA policy, guidelines and circulars.

For collection of current account ISF from non-exempt farmers and water users, the sharing arrangement shall be: 60% for NIA and 40% for IA based on 100% collection efficiency (CE). The share of NIA (60%) must be satisfied first before the IA/ISC/Federation gets its own share.

For collection of past due/back account ISF from non-exempt farmers and water users, the sharing arrangement shall be: 75% for NIA and 25% for IA of the collected amount.

G. ALLOCATION OF IA/ISC/FEDERATION SUBSIDY

The IA/ISC/Federation incentives shall be allocated as: 40% for Personal Services and 60% for Maintenance and Other Operating Expenses (MOOE). The detailed percentage allocations are as follows:

 

Particular

Allocation as % of IA/ISC Compensation

I. PS

40

II. MODE

60

1. Repair and Maintenance of Irrigation Facilities

15

2. Repair and Maintenance of Equipment

5

3. Collection Expenses

10

4. Office Operation and Maintenance

14

5. Repair and Maintenance or Patubigayan Trust Fund

6

6. Miscellaneous

5

7. Capital Build-Up

5

Total

100

 

H. INSPECTION AND AUDIT

The IA/ISC/Federation shall permit the NIA to inspect the IA/ISC/Federation's book of accounts and financial records relating to its operations and to have such documents audited by Auditors appointed by the NIA, if so required.

I. GENERAL PROVISIONS

Subject to Sections C, D, E and F of this Contract, the following General Provisions shall apply:

1. All repair works on the structures, conveyance and distribution facilities, and terminal facilities that can be done manually shall be the responsibility of the IA/ISC/Federation.

2. All repair works that require the use of heavy equipment including those arising from events of force majeure shall be the joint responsibility of the NIA and the IA/ISC/Federation.

3. The rights, authorities, and obligations of the IA/ISC/Federation defined in this Contract are not transferable to any individual or entity.

J. SPECIAL PROVISIONS

1. All rehabilitation and improvement works defined in the Program of Works jointly prepared by the NIA and the IA/ISC/Federation on the irrigation facilities that are subject of this Contract shall be satisfactorily completed by NIA within the prescribed period after this Contract has taken effect.

2. NIA shall give priority to the IA/ISC/Federation as contracting party or its members as construction labor in any rehabilitation and improvement works that will be undertaken by NIA within the coverage of the IA/ISC.

3. IA/ISC IMT Performance Evaluation shall be done jointly by both parties following formats shown in Attachment 4 and which will be made part of this Contract.

4. NIA shall provide the IA/ISC/Federation an office space free of charge until such time that the latter has established its own office.

5. Contract suspension may be resorted to when the delivery of irrigation service to farmers are negatively affected, as in the following cases:

a. Unresolved dispute/grievance resulting to disruption of the IMT contract arrangement.

In such case, the NIA through the IMO under the direction and supervision of the RIO shall temporarily suspend the IMT Contract and shall take-over the management of irrigation operation and maintenance of the area covered by the IMT contract. During the IMT contract suspension, the NIA shall have the option to hire "contract of services" to complement its manpower in the management of the area covered by the contract. Resumption of the IMT Contract can be negotiated through the mutual agreement of the NIA IMO and the IA/ISC concerned. The Contract resumption has to be supported by a notarized NIA-IA/ISC Joint Resolution to such effect.

b. Poor IA/ISC IMT Performance affecting irrigation service and financial viability of the system.

The IA/ISC IMT Performance Evaluation is administered by the procedure described in Attachment 4. This provides a system of monitoring and evaluating the performance of the IA/ISC of their IMT Contract responsibilities. When the IMT performance rating is "Satisfactory" or lower, a NIA-IA/ISC consultation meeting with the participation of all members of the NIS System Management Committee (SMC) particularly the Local Government Unit (LGU) representative shall be conducted to discuss actions to be done to correct performance gaps. The NIA and the IA/ISC/Federation must support each other and work together to correct any problem on the performance of the IMT contract responsibilities in order to sustain efficient irrigation service. However, in extreme cases where: a) the performance fails to improve or is equivalent to an adjective rating of "Fair" or lower for two (2) consecutive cropping seasons despite corrective efforts exerted; and b) when the IA/ISC performance is negatively affecting the delivery of irrigation services in the IMT covered area and the irrigation system, any of the party can decide to write the other party for the suspension of the IMT contract within one month notice.

In case the IA/ISC/Federation decides to write the suspension letter, this must be addressed to the Manager of the Irrigation Management Office, copy furnished the SMC members, Regional Irrigation Manager and the Deputy Administrator for Engineering and Operations at NIA Central Office. In case the NIA decides to write the letter, this must be addressed to the IA/ISC/Federation President, copy furnished the SMC members, Regional Irrigation Manager and the Deputy Administrator for Engineering and Operations at NIA Central Office. The IMT contract is deemed suspended upon receipt of the letter of suspension by the party concerned.

In any case of contract suspension, the RIO must conduct an investigation in cooperation with the SMC and the Provincial and/or Regional Federation of IA/ISCs/ISCs (whichever is appropriate) and submit a report with their recommendation to the NIA Administrator within one (1) month from Contract suspension.

When the IMT Contract is suspended the NIA through the IMO under the direction and supervision of the RIO shall take-over the management of irrigation operation and maintenance of the area covered by the IMT contract and the NIA shall have the option to hire "contract of services" to complement its manpower in the management of the area covered by the contract.

Re-negotiation of a suspended IMT contract must be done through mutual agreement of the NIA IMO and the IA/ISC/Federation subject to the fulfillment of failed obligations of one or both parties and the resolution of other issues that caused the contract suspension.

K. SETTLEMENT OF DISPUTE

The NIA through the Staff at the NIS level and the IA/ISC/Federation concerned shall make every effort to resolve amicably any dispute/grievance arising out of the IMT Contract. When a dispute/grievance is not amicably resolved by the contracting parties, the following process will be adopted.

1. The System Management Committee (SMC), is the first level of responsibility for resolving dispute/grievance at the system level. The SMC as specified in MC 36 s. 1997 is composed of concerned NIA Staff and IA/ISC/FIA Presidents. In the SMC the representation of relevant government agencies, LGUs and other institutions are on call basis or as the need arises.

2. Any conflict that is not settled by the SMC will be elevated to the Manager of the Irrigation Management Office (IMO) who will try to resolve such in coordination with the President and Board of Trustees of the Provincial Federation of IA/ISCs/ISCs and concerned IMO Staff. If necessary, the mediation of the Provincial/Municipal Government may be sought for the resolution of the dispute/grievance.

3. If the dispute/grievance is not resolved at the IMO level, such shall be elevated or endorsed to the Regional Irrigation Manager who will coordinate with the President and Board of Trustees of the Regional Federation of IA/ISCs/ISCs in resolving the dispute/grievance.

4. In any case that the NIA and IA/ISC/Federation concerned: 1) does not agree to submit to the above process; 2) do not arrive on a mutually agreed solution; or 3) the dispute/grievance is not resolved through the above process, such shall be submitted to any court of law that has jurisdiction thereof.

Notwithstanding, any reference to settlement of dispute by a court of law, the parties shall continue to perform their respective responsibilities under the Contract unless they otherwise agree.

L. AMENDMENT

This Contract may be amended in part or in full through a written proposal by either party, subject to negotiation and mutual agreement by the parties.

M. EFFECTIVITY

This Contract shall take effect immediately upon signing by both parties and approval of appropriate NIA authorities, and shall continue until terminated by mutual agreement of the parties.

IN WITNESS WHEREOF, the parties hereunder affixed their signatures this __th day of (month), in the year of our Lord, Twenty Hundred and (year) at the municipality or city of (town or city, province).

 

For the NIA

________________

For the IA/ISC/Federation

_____________________

SIGNED IN THE PRESENCE OF:

__________________________

__________________________

____________________________

____________________________

Approved:

_________________________

 

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )) SS

BEFORE ME, this ______ day of _______________, 20__, personally appeared:

 

Name

CTC No.

Date/Place Issued

 

 

 

 

 

 

 

 

 

 

Known to me and known to be the same persons who executed the foregoing instrument consisting of ________ (__) pages including this page of acknowledgement, and acknowledged to me that the same is their free and voluntary act and deed, as well as the free and voluntary act and deed of the principals they represent.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal at the place and on the date first above written.

NOTARY PUBLIC

Doc. No. _______;

ATTACHMENT 1

Definition of Terms

1. Irrigation Management Transfer (IMT) — the program and the processes involved in the transfer from NIA to the IA/ISC of the partial management, operation and maintenance of an irrigation system.

2. Operation (O) — the activities involved in diverting water from the source and conveying and distributing it to the point of application in the farmers' fields. The principal tasks in operation are 1) preparation of cropping calendar and schedule of farming activities, 2) measurement of water requirements and supply, 3) conveyance and distribution of available water to headgates of lateral canals, 4) distribution of water to turnouts, 5) application of water to farm plots, and 6) drainage of excess water from fields.

3. Maintenance (M) — the activities undertaken for keeping the irrigation system in good operating condition at all times within the limitations of available resources to attain maximum use and economic life of the system facilities. The principal tasks in maintenance are: 1) routine maintenance that include removal of silt at flow measuring devices, clearing of floating debris accumulated at the crests of proportioning and duckbill weirs, remedial repairs to minimize leakage from control gates and check structures, remedial measures to prevent overtopping of canal embankments, greasing or oiling of gates; and 2) periodic maintenance that include cutting of vegetation from canal embankments, and reshaping and cleaning canal prism.

4. Major facilities and structures — any of the following: diversion works (dams, intakes, pump stations, and similar structures), main, lateral canals and service roads, headgates, siphons, drops, thresher crossings, conveyance flumes, and end checks of main or lateral canals.

5. Terminal facilities — any of the following: turnout structure and gate, main and supplementary farm ditches, division boxes, and farm drains.

6. Repair/rehabilitation work — any construction-related activity that must be done to bring back the facility or structure to normal operation and/or condition.

7. Irrigators Association (IA)/Irrigation Service Cooperative (ISC) — an association of irrigation water users organized and developed by NIA at the various levels of NIS to include but not limited to primary IA/ISCs, Council of IA/ISCs/ISCs, Federation of IA/ISCs/ISCs, Confederation of IA/ISCs/ISCs, and Irrigation Service Cooperatives (ISC).

8. Service area — the firmed-up area expressed in hectares covered within the jurisdiction of the irrigation system or IA/ISC, as the case may be.

9. Turnout Service Area Group (TSAG) — the smallest unit in an IA/ISC organizational structure, composed of group of farmers within a turnout service area drawing water from one source (turnout).

10. IA/ISC Federation — an amalgamation of IA/ISCs/ISCs within a lateral, stretch of main canal, or the entire irrigation system serving as a centralized group but having internal autonomy in each IA/ISC.

11. Functionality Survey/Assessment — a systematic evaluation to establish an IA/ISC functionality in organizational, O&M and financial aspects the result of which is used in determining the IA/ISC readiness for IMT.

ATTACHMENT 2

Management of Irrigation Facilities and Structures and Respective NIA and IA/ISC/Federation IMT Responsibilities

1. Facilities and structures under NIA responsibility:

 

Name of Facility/Structure

Station

No. of Structure

No. of TO

Service Area, ha

From

To

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

2. Facilities and structures under the IA/ISC/Federation responsibility:

 

Name of Facility/Structure

Station

No. of Structures

No. of TO

Service Area, ha

From

To

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

3. Facilities and structures under the NIA and IA/ISC/Federation Joint Responsibility: (Only if applicable)

 

Name of Facility/Structure

Station

No. of Structure

No. of TO

Service Area, ha

From

To

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

ATTACHMENT 3

NIA and IA/ISC/Federation Responsibilities in IMT

 

NIA Responsibility

IA/ISC/Federation Responsibility

Operation

1. Prepare jointly with IA/ISCs/ISCs/Federation the operations plan for the entire system and the individual IA/ISC area that includes cropping calendar, schedules of farming activities, programmed area for irrigation, water allocation and delivery schedules.

2. Establish and calibrate discharge monitoring points and provide IA/ISC/Federation with stage-discharge rating tables.

3. Train IA/ISC/Federation in observing the measuring points and utilizing the rating tables.

4. Deliver appropriate irrigation diversion requirements at the headgate of IA/ISCs/ISCs based on agreed upon programmed area and schedule.

5. Monitors and evaluate the discharges at the headgate of the laterals and progress of farming activities within the system.

6. Formulate O&M policies, rules and regulations and sanctions for the NIS.

7. Assist the IA/ISC/Federation in formulating and implementing O&M rules and regulations and sanctions.

8. Provide the IA/ISC/Federation copies of the updated parcellary maps considering updated master list of farmers/landowners submitted by IA/ISCs/.

9. Resolve water-related conflicts among IA/ISCs in the system area (if any occurs).

10. Removal/drainage of excess water within the coverage of the NIS.

11. Conducts pre-season, mid-season and post-season O&M review and planning for the NIS in coordination with IA/ISCs/Federation.

12. Provide the IA/ISC/Federation with copies of masterlist of farmers and parcellary map for the IA/ISC area.

13. Provide capability development to the IA/ISC/Federation on operations.

 

Repair and Maintenance

1. Prepare annual plan on repair and removal/drainage of excess water from fields.

2. Prepare maintenance plan for the whole system.

3. Provide the IA/ISC with maintenance guidelines for irrigation facilities.

4. Regularly monitor the implementation of the repair and maintenance plan by the IA/ISC and provide regular feedback to IA/ISC with suggestions for improvement.

5. Assist the IA/ISC in undertaking repair works that need utilization of heavy equipment.

6. Assist the IA/ISC in formulating policies, rules and regulations for repair and maintenance of irrigation facilities.

7. Attend monthly meetings of the IA/ISC Board of Trustees and provide technical assistance on repair and maintenance works as deemed necessary.

8. Provide capability development training on maintenance to the IA/ISC/FIA/ISC.

Operation

1. Prepare the operations plan for the IA/ISC/Federation with NIA one month before initial delivery of water every cropping season.

2. Disseminate information on water delivery and planting schedules to farmers with the IA/ISC area.

3. In coordination with the NIA, initiate establishment and calibration of discharge monitoring points.

4. Monitor and distribute irrigation water equitably among IA/ISCs/ISCs, sub-laterals and turnouts (TO).

5. Safeguard the water rights of all farmers regardless of the proximity of their farms to the headgate or point of water supply delivery to the IA/ISC.

6. Monitor and record discharges on all agreed upon observation points and submit data to NIA.

7. Submit operation status reports to NIA that include water situation, list of irrigated and planted area (LIPA).

8. Resolve water-related conflicts among farmers and/or TSAGs within the IA/ISC area.

9. Attend meetings and conferences called by NIA regarding operations problems and formulation of solutions.

10. Formulate and enforce policies, rules and regulations on operations including appropriate sanctions for violators.

11. Update master list of water users by TSA every cropping season or as often as necessary.

12. Removal/drainage of excess water from fields.

 

Repair and Maintenance

1. Prepare yearly repair and maintenance plan jointly with NIA on the facilities within the IA/ISC area of coverage.

2. Undertake repair and maintenance works based on the plan earlier prepared with the NIA.

3. Routine maintenance, include manual removal of silt at flow measuring devices, clearing of floating debris accumulated at the crests of proportioning and duckbill weirs and inlet of structures, remedial repairs to minimize leakage from control gates and check structures, remedial measures to prevent overtopping of canal embankments, greasing or oiling of gates.

4. Periodic maintenance that include manual desilting and cutting of vegetation on canal embankments.

5. Coordinate and cooperate with NIA in undertaking repair works that need heavy equipment.

6. Prevent the following: (a) planting of trees or any vegetation on canal embankments; (b) construction of building or any structure on canal embankments; (c) dumping of garbage or any waste inside canals or on the embankments; (d) tying animals on canal embankments; (e) wallowing of carabaos in the canals; (f) construction of turnouts or similar structures without prior authority from NIA; and (g) immediately report to NIA any acts by a person or group of persons that disrupt water deliveries and/or destroy any irrigation facility or structure.

 

ISF COLLECTION FOR NON-EXEMPT FARMERS

NIA

IA/ISC/FEDERATION

Provide a copy of the irrigation fee registers (IFR) to the IA/ISC/Federation.

 

Prepare ISF bill of the IA based on the submitted LIPA and deliver this promptly to the IA.

Receive the ISF bill from NIA and prepare ISF bills for none-exempt farmers and consolidate by TSA for easier distribution within the IA/ISC/Federation area.

 

Establish and maintain individual IFR for recording and monitoring ISF balances of each farmer or lot owner.

Monitor regularly the progress of ISF collections and provide assessment feedback to IA.

Collect ISF payments from farmers and immediately update the IFR for every collection made.

Issue official receipt for every remittance of ISF collections by the IA/ISC/Federation.

Remit ISF collections to NIA and always reconcile records with the agency.

Conduct regular and spot audits of IA/ISC/Federation collectors and books of accounts. Provide feedback to IA/ISC/Federation on audit findings.

Submit collection report regularly and disseminate collection progress to members.

Pay IA/ISC/Federation share on ISF collections and other remunerations promptly based on agreed upon frequency or collection status.

Formulate and enforce policies, rules and regulations pertaining to sound financial management and budgeting.

All routine and periodic maintenance tasks within the coverage of the IA/ISC area are transferred to the IA/ISC except mechanized desilting works. Where desilting could only be done with the use of heavy equipment, this shall be the joint responsibility of the IA/ISC and NIA. These sections should be specifically defined in the IMT contract by citing the canal name and stationing. Such sections are determined through joint NIA-IA/ISC walk-through and one of the items to be discussed and agreed during contract negotiation. Desilting done through the joint effort of the IA/ISC and NIA is implemented as follows:

1. Where NIA has suitable equipment, the Manager of the Irrigation Management Office (IMO) deploys the equipment for desilting work and the IA/ISC contributes fuel and oil.

2. Where the IA/ISC deploys its own equipment or obtains equipment assistance from LGU for desilting canals, the fuel and oil cost shall be borne by the NIA.

 

ATTACHMENT 4

IA/ISC IMT Performance Evaluation

The IA/ISC IMT Performance Evaluation will be done by the NIA but such shall be presented and reviewed by the SMC.

Any IA/ISC that signed an IMT Contract will be evaluated using the IA/ISC IMT Assessment at the end of every season on indicators of performance of their responsibilities in the IMT Contract and performance on organizational management, O&M and financial management. The rating sheet is presented below. This is different from the IA/ISC Functionality Survey 1 which is conducted annually on three (3) major groups of indicators namely: a) Operation and Maintenance; b) Organizational Management; and c) Financial Management.

At the end of the season, the NIA shall conduct IA/ISC IMT Performance Evaluation of all IAs/ISCs within the coverage of the irrigation system. This can be done through the assistance of the Staff of the IMO Operations Section. The completed form will then be submitted to the Manager of the Irrigation Management Office (IMO) for consolidation and analysis. The results of the IA/ISC IMT Performance Evaluation will be presented and discussed during the End-Season O&M Review and Planning Workshop with the members of the SMC for finalization and signing by the members of the SMC. During the workshop, discussion and agreements on what is/are to be done by the NIA and IA(s) to improve performance and the NIA-IA/ISC partnership will be tackled. The results of the evaluation will form part of the basis of the succeeding season's NIA and IA/ISC IMT Performance Evaluation.

Copies of the evaluation report must be submitted to the Engineering and Operations Division of the Regional Irrigation Office, the Operations Department of the Engineering and Operations Sector for review, analysis as basis for provision of technical assistance.

IA/ISC IMT PERFORMANCE EVALUATION SYSTEM FORM

 

Indicators of Performance

Criteria

Points

A. Organization Performance (20 points)

 

25

1. Preparation of O&M Plans (5 points)

 

 

a. Cropping calendar and pattern of planting

Prepared

2

Not prepared

0

b. Water delivery and distribution

Prepared

1

Not prepared

0

c. Maintenance

Prepared

1

Not prepared

0

d. IA Budget and Financial Plan

Prepared

1

Not prepared

0

2. Extent of membership (5 points): 0.20% for every percent membership in excess of 75% or maximum of 5 points for 100% membership

Points = (Percent membership – 75) X 0.20

5

3. Seasonal financial statements prepared and reported to IA members (5 points)

Yes

5

No

0

4. Established income sharing at different IA levels (5 points)

Yes

5

No

0

5. Established repair and maintenance trust fund (Patubigayan Trust Fund) (5 points)

Yes

5

No

0

B. O&M Performance (40 points)

 

40

1. Operation and Maintenance Activities (10 points)

 

 

a. Water distribution activities

Done Satisfactorily

5.0

Not done

0

b. Repair and Maintenance

Done Satisfactorily

5.0

Not done

0

2. Irrigated area percentage (8 points) = (irrigated/planted area divided by the programmed area) X 100; 0.40 points for every percent above 80%; 80% is 0.00 points; 100% is 8 and above 100% will have bonus points.

Points = (Actual % – 80) X 0.40

8

3. Benefited area percentage (7 points) = (benefited area divided by the irrigated/planted area) X 100; 0.35 points for every percent above 80%; 80% is 0.00 points; 100% is 7 points.

Points = [Actual % – 80 X 0.35

7

4. Good canal ratio (8 points) = (Length of well-maintained canal divided by the Total length of canals) 2 X 100; 0.40 points for every percent above 80%; 80% is 0.00 points; 100% is 8 points.

Points = (Actual % – 80) X 0.40

8

5. Functional structure ratio (7 points) = (Number of functional structures divided the total number of structures) X 100; 0.35 points for every percent above 80%; 80% is 0.00 points; 100% is 10 points.

Points = (Actual % – 80) X 0.35

7

C. Financial Performance (35 points)

 

35

1. Repair and Maintenance (RM) Expense Percentage (35 points); = RM Expense divide by the Total Expenses) X 100; 0.25 points for every percentage above 60%; 0 point at 60% and 10 points at 100%

Points = (Actual RM Expense percentage – 60) X 0.25

35

Rating

 

100

 

Equivalent Adjective Ratings

Range

1. Outstanding

95 and above

2. Very Satisfactory

85 to 94

3. Satisfactory

75 to 84

4. Fair (needs strengthening)

65 to 74

5. Poor (need to be re-organized and strengthened)

Below 65

 

Prepared by:

________________

Conforme:

___________________

Note: For performance rating of Satisfactory or lower, a NIA-IA/ISC consultation meeting with the participation of other members of the System Management Committee (SMC) particularly the Local Government Unit (LGU) representative shall be conducted to discuss actions to be done to improve the performance or correct performance gaps of the party concerned.

ANNEX 4

Sample Guidelines and Computation of IA/ISC Subsidy

1. IA/ISC/FEDERATION SUBSIDY

A. MAINTENANCE

The IA/ISC/Federation will be compensated based on the length of canal section transferred to them by NIA for maintenance.

The equivalent of one (1) canal section shall be:

- Unlined canal = 3.5 kilometers of earth main or lateral canal

- Lined canal = 7.0 kilometers of concreted main or lateral canal

For each canal section, the IA/ISC after satisfactorily complying with its maintenance obligations stated in the contract, shall be paid P1,750 per month for six (6) months in a year.

B. OPERATIONS

For taking over operations-related responsibilities, the IA/ISC/Federation will be paid P150/ha per cropping of planted/harvested areas.

C. SAMPLE COMPUTATION:

GIVEN:

o IA/ISC/Federation service area = 1,300 ha

- Planted/harvested area

 Wet Season = 1,300 ha

 Dry Season = 1,100 ha

o Total length of unlined main and lateral canal maintained = 6.75 km

o Total length of lined main and lateral canal maintained = 4.0 km

1. MAINTENANCE SUBSIDY:

 For unlined main and lateral canal

 Let X = amount of IA/ISC/Federation compensation

 Using ratio and proportion method:

 

P1,750/3.5 km

=

X/6.75 km

3.5 km (X)

=

P1,750 (6.75 km)

X

=

P1,750 (6.75 km)/3.5 km

X

=

P3,375 per month

or for 6 months

=

P3,375 (6)

 

=

P20,250

 

 For lined main and lateral canal

 Let X = amount of IA/ISC/Federation compensation

 Using ratio and proportion method:

 

P1,750/7.0 km

=

X/4.0 km

7.0 km (X)

=

P1,750 (4.0 km)

X

=

P1,750 (4.0 km)/7.0 km

X

=

P1,000 per month

or for 6 months

=

P1,000 (6)

 

=

P6,000

Therefore, total maintenance compensation

=

P20,250 + P6,000

 

=

P26,250

 

2. OPERATION SUBSIDY:

For Wet Season

 

Compensation

=

Planted/harvested area X P150/ha

 

=

1,300 ha X P150/ha

 

=

P195,000

 

For Dry Season

 

Compensation

=

Planted/harvested area X P150/ha

 

=

1,100 ha X P150/ha

 

=

P165,000

 

 

 

Therefore:

 

 

Total operations compensation

=

P195,000 + P165,000

 

=

P360,000

 

3. TOTAL IA/ISC/FEDERATION SUBSIDY:

= Total maintenance compensation + Total operations compensation

= P26,250 + P360,000

= P386,250

2. Payment schedule

The IA/ISC/Federation shall receive its subsidy within one (1) month after inspection and evaluation by authorized NIA staff and the IA/ISC/Federation officials/representative and submission of a report that the work done was satisfactory and eligible for payment.

ANNEX 5

Guidelines in the Formation of IA/ISC Federation of IA/ISCs

A. Rationale

To realize the vision of a functional and dynamic relationship working in partnership to accelerate irrigation development and provide efficient level of irrigation service, the need to support the growth and development of IAs/ISCs and their Federations or Confederation shall be promoted. Towards this end, NIA is facilitating the formation of IA/ISC federations at the Provincial, Regional and National levels. And like the primary IA/ISCs, these federations must be registered with SEC or CDA to attain legal personality.

B. Procedure for the Formation of IA/ISC Federation

Before forming the Federation, all organized IA/ISCs within the system should first be registered with the SEC or CDA as the case may be. After this prerequisite has been satisfied, the actual formation may begin.

Step 1 Call initial meeting of all IA/ISC representatives (Presidents and I BOT/Officer, preferably Secretary)

Agenda:

a) IA/ISC Thrust

b) Purposes and benefits of Federation

c) Possibility of System Federation organization

d) Action planning for information dissemination on proposed organization

e) Others

Step 2 IA/ISC Presidents hold BOT meeting and TSAG leaders hold TSAG meetings.

Agenda:

a) Proposed system-wide Federation of IA/ISCs

b) Reaction for analysis

Step 3 NIA-IA/ISC representatives meeting

Agenda:

a) Reactions and decisions of IA/ISC/TSAG members on formation of system-wide IA/ISC Federation

b) Establish committee system

 Assignment of person responsible — for drafting the AOI and By-laws as well as Membership Application and Agreement forms

 Committee setting for deadlines of drafts

Step 4 IA/ISC Representative Meeting

Agenda:

a) Consultation of the draft Federation AOI and CBL

b) Finalization of AOI and CBL

c) Ratification of AOI and CBL

d) Distribution on Federation Membership Application and Agreement form with resolution

e) Collection of Membership Application and Agreement Form and Membership fee

Step 5 Election of Federation officers, BOTs and formation of committees based from CBL

Step 6 Conduct the first Federation meeting for the preparation of Federation Plan

Step 7 Registration of the Federation to SEC or CDA

C. Composition of IA/ISC Federation

Representative General Assembly

This is composed of all the member-IA/ISCs of the Federation represented by all executive officers of each IA/ISC, i.e., President, Vice President, Secretary, Treasurer, Auditor, etc.

Board of Trustees/Directors

This is composed of Federation members elected by the General Assembly during the annual meeting. The number of board members to be elected is stated in the By-laws. Only members satisfying the qualifications set are eligible for election.

Federation Officers

This is composed of the President, Vice-President, Secretary, Treasurer and Auditor. Preferably, officers should be selected and elected from within the BOT. The rules and qualifications for election are stated in the By-laws.

Committees

This is usually the same with the IA/ISC organizational set-up. Standing Committees include Membership, Education and Training; Service; Financial; and Audit. Depending on the Federation's By-laws, additional standing committees may be included. If deemed necessary, the Board has the authority to create AdHoc committees with defined functions.

D. Roles of the Federation in O&M

1. Preparation of CCPP

a. At least one (1) month before the start of the cropping season, the Federation shall prepare the CCPP. To do this, the Federation shall encourage individual IAs/ISCs and its leaders to facilitate the collection of necessary information pertaining to the farming activities of their members. This should be done through coordination meetings with NIA, LGUs, line agencies and other agri-support service providers. The prepared CCPP plan shall then be presented to the SMC meeting for finalization.

b. During the season, the Federation shall encourage each IA/ISC to create a CCPP plan for their area as well as monitor the farming activities of the IA/ISCs and causes of non-compliance to the CCPP, if any. The IA/ISC officers shall collect information on the crops, varieties, dates of seed sowing and transplanting, diseases, extent of area planted and irrigated for each farm in the TSAGs belonging to the IA/ISC area and report this to the Federation. The Federation shall then report these to NIA and provide copies to the municipal agriculture office and other relevant agencies. Additionally, the Federation shall strictly implement policies and impose penalties to IA/ISCs for non-compliance to the finalized CCPP.

c. After the season, the Federation through the IA/ISCs shall collect information on production, total area irrigated and planted, benefitted and damaged as well as causes and extent of crop damages, if any, as well as feedback from the IA/ISCs regarding their experiences in implementing the CCPP. The Federation shall then report these to NIA and provide copies to the municipal agriculture office and other relevant agencies. This information will be used to prepare the ISO seasonal O&M performance report as well as in determining ISF exemptions and additional assistance for areas with reported crop failures.

2. Preparation of WDD

a. At least one (1) month before the start of the cropping season, the Federation shall prepare the WDD. To do this, the Federation shall encourage individual IA/ISCs and its leaders to facilitate the collection of water delivery requests to determine the target area to be irrigated in connection with the available water resource. This should be done through coordination meetings with NIA, LGUs, line agencies and other agri-support service providers. The prepared CCPP plan shall then be presented to the SMC meeting for finalization.

b. During the season, the Federation together with NIA will ensure the delivery and distribution of irrigation water. The Federation shall encourage IA/ISCs to create a WDD plan for their area, based on the approved water delivery requests, as well as monitor compliance to the finalized WDD schedule. The Federation shall collect from each IA/ISC reports on situation of water delivery as well as issues and concerns causing non-compliance, if any. The Federation shall then report these to NIA and work together for possible solutions and actions. Additionally, the Federation shall strictly implement policies and impose penalties to IA/ISCs for non-compliance to the finalized WDD.

c. After the season, the Federation shall collect feedback from the IA/ISCs on the regarding their experiences in implementing the WDD. After evaluation of feedbacks, the Federation shall come up with ways to further improve the effectiveness of the WDD or if necessary, come up with possible revisions to respond to problems and inefficiencies. These evaluations and suggestions shall then be presented again in the meeting before the new cropping season to be integrated to the WDD plan.

3. Repair and Maintenance Plan

a. Before the start of the cropping season, the IA/ISC/Federation shall prepare the ISO repair and maintenance plan in coordination with NIA O&M staff. Though actual repair works will take place after the season (especially dry cropping), plans should already be created and submitted to NIA for inclusion on Program of Work (POW) and fund allocation.

As for maintenance plans, the Federation shall encourage the IA/ISCs to conduct their maintenance activities before the start of the season to ensure better water delivery in the canals. Furthermore, the Federation shall encourage a participatory irrigation management approach among IA/ISCs in undertaking these activities within their area of responsibility. As for the work to be done in the main canal and appurtenant structures under the Federation responsibility, the Federation shall coordinate allocation of tasks to individual IA/ISCs as stated in their policies.

b. During the season, the Federation shall encourage each IA/ISC to accomplish their maintenance plans as scheduled. The Federation shall report problematic facilities and structures in IA/ISC areas and consult with NIA O&M staff for immediate solutions and emergency repairs especially during the critical periods of the cropping season. Additionally, the Federation shall strictly implement policies and impose penalties to IA/ISCs for non-compliance to the finalized repair and maintenance plan as well as to those caught intentionally causing damage to the facilities and structures.

c. After the season, the Federation shall collect accomplishment reports of maintenance activities from each IA/ISC and create the necessary reports to help facilitate each IA/ISC's remuneration from NIA based on the terms of individual O&M/IMT contracts. Whenever possible, the Federation shall coordinate with NIA and contractors in prioritizing farmer-members for hired labor in contracted repair works to be done in their concerned IA/ISC areas. Not only will it provide additional income to farmer-members and the IA/ISC, it will also promote the participatory irrigation management approach.

4. ISF Collection

a) Before the start of the cropping season, the Federation shall collect information on the ISF collection plans of individual IA/ISCs and their "commitment." This should be done through consultation with NIA to determine if the target dates and collectibles will correspond with NIA schedule and satisfy the requirements. The prepared ISF collection plan shall then be presented to the SMC meeting for finalization.

b) During the season, the Federation shall collect the LIPA from each IA/ISC as this serves as the basis for the preparation of the ISF bill. The Federation shall also collect updates and status reports on the implementation of the ISF collection plan. The Federation shall likewise encourage IA/ISCs to continue campaigning for ISF payment among their members.

c) After the season, the Federation shall continue to encourage IA/ISCs to campaign and, if the O&M/IMT contract allows, collect ISF payments. The Federation shall monitor the IA/ISC's ISF collection and remittance to NIA and if stated in the Federation policies, impose penalties for IA/ISCs violating agreed upon targets and commitments. The Federation shall likewise liaise with NIA to hasten the release of IA/ISC's ISF share/incentive as stated in the contract. Depending on the Federation's By-laws and policies, a percentage of the IA/ISC ISF share may be collected by the Federation as part of its funds.

5. Federation Management

a) The Federation shall responsibly and transparently manage the funds of the association from the sources stated in the By-laws and financial policies. As such, the Federation shall establish a functional financial management system composed of financial planning, recording, reporting and auditing. The Federation BOT shall set policies for the use of funds and pass resolutions for its utilization whenever necessary and justified.

b) The Federation shall look into available agri-support services and programs and encourage IA/ISCs to apply or participate in such.

c) The Federation shall actively seek, coordinate and, if possible, conduct trainings to members for institutional strengthening and skills development. This should be done in coordination with NIA, LGUs, MAO and other line agencies.

d) The Federation, if necessary, shall settle grievances and issues among IA/ISCs in adherence to existing policies. Furthermore, if such grievances and issues cannot be addressed, the Federation shall find the proper office or venue for which it can be discussed and decided upon.

6. IA/ISC Federation Meeting

As mentioned earlier, establishing a functional Federation will provide IA/ISCs the chance to participate in a collective action to plan and decide on matters affecting their operation and management. Through a functional Federation, it will be easier for IA/ISCs to resolve issues and concerns coming from beyond their area of authority but is affecting them directly or indirectly. The venue for such discussions is the Federation meetings.

a. Types and Timings:

General Assembly Meeting: This meeting is held annually, on a specific date previously set on the By-laws.

Regular Meetings: The number of Federation meetings held within a year will be dictated by the By-laws. It is recommended to be set on a once a month frequency, indicating which day of the month it would fall (i.e., every first Wednesday of the Month).

Emergency Meetings: Upon justification, the BOT may call for an emergency meeting of the Federation to address urgent matters before or after the regular Federation meeting for the month.

b. Venue

The venue for these meetings can be the IA/ISC Federation Office, IA/ISC Offices, barangay hall and other similar buildings which can accommodate the members and provide a formal setting for this activity.

c. Attendees

While the regular composition of the Federation, as described in an earlier section, is limited to IA/ISC representatives, the Federation meeting may include representatives from NIA, LGUs, line agencies and other agri-support service providers. This will depend on the timing and agenda to be discussed in the meeting. HTcADC

d. Agenda

Depending on the timing of the Federation meeting (before, during or after the season), the topics to be discussed may vary. Most of the time, Federation meetings conducted before the start of the season would include O&M plans to be agreed upon and agri-support services that are available.

Meetings that follow during the season would include monitoring of IA/ISC compliance on agreed upon plans as well as updating of information for those able to avail agri-support services. However, there are some topics which are included in the mid-season agenda which were not discussed in the pre-season meeting. In many cases, matters arising during the season would again be discussed in the post-season meeting to monitor its status and progress.

Undoubtedly, there are similarities between the timings and topics discussed in the Federation meetings and SMC meetings. However, it must be kept in mind that Federation meetings are usually meant for planning while SMC meetings are meant for finalizing.

Below is a list of general agenda during meetings and possible discussion points:

1.) Operation and Maintenance

 Cropping Calendar and Pattern of Planting:

a) Create draft CCPP in coordination with NIA (to determine available water resource and target irrigated and planted area (IPA)) and in consideration of feedback from IA/ISCs in their areas (to determine preparedness of farmers and possible factors for delay due to non-compliance.

b) Monitor CCPP implementation and discuss issues and concerns.

c) Other matters as necessary.

 Water Delivery and Distribution

a) Collect water delivery requests from IA/ISCs to be submitted to NIA (to determine sufficiency of water resource and maximization of target IPA)

b) Create draft WDD based on collected water delivery requests and CCPP

c) Monitor WDD implementation and discuss issues & concerns

d) Other matters if necessary

 Repair and Maintenance:

a) Collect reports on status of irrigation structures and facilities under each IA/ISC's responsibility

b) Identify priority areas for immediate repair and inclusion for NIA program of work (depending on NIA-IA/ISC share of responsibility as stated in O&M/IMT contract)

c) Collect information on each IA/ISC's repair and maintenance plan

d) Monitor each IA/ISC's maintenance plan activities and accomplishments and discuss issues and concerns

e) Other matters if necessary

 Irrigation Service Fee (ISF): For non-exempt farmers

a) Collect and confirm the updated list of irrigated and planted area

b) Prepare the system level LIPA based on the IA/ISC LIPA

c) Collect information on the ISF collection plan of each IA/ISC

d) Monitor ISF collection plan accomplishments and discuss issues and concerns

e) Other matters if necessary

 Federation Management

a) Prepare Minutes of the previous meeting

b) Update the financial status and relay other financial announcements

c) Present agricultural support programs from Office of the Provincial Agriculturist, MAO, LGUs and other line agencies

d) Coordinate trainings to IA/ISCs and members whenever available and applicable

e) Address grievances or issues between IA/ISCs needing Federation decision

f) Other matters as necessary

2.) Expected outputs

After each meeting, the Federation shall come up with the following expected outputs and provide copies of which to NIA, IA/ISCs and other concerned agencies:

 O&M Plans

For meetings before the season, the Federation shall prepare the plans for CCPP, WDD, Repair and Maintenance, and ISF Collection. These plans will be presented and finalized during the pre-season SMC meeting.

For meetings during the season, the Federation shall collect and collate reports on compliance to the CCPP and WDD as well as accomplishments on Repair and Maintenance and ISF Collection Plan, including any issues and concerns that has arisen.

For meetings after the season, the Federation shall collect and collate reports on production (irrigated and planted, benefitted and damaged area, average yield), accomplishments maintenance plans and finalization of repair works, and status of ISF collection.

 Resolutions

The Federation shall pass a resolution adapting the agreed upon plans and presented reports to promote its dissemination and implementation among all IA/ISCs and farmers in the system. The resolution shall be signed by all Federation Officers and BOTs.

 Minutes of Meetings

The Secretary, will take note of the meeting's agenda, discussion and highlights. The Minutes of Meeting shall be finalized and approved at the end of the meeting.

 Attendance Sheet/Financial Documentation

Attendees to the meeting will be asked to sign an attendance sheet as proof and basis for determination of quorum as stated in the By-laws. The attendance sheet, together with receipts, will also be used as justification for expenses incurred for the meeting.

ANNEX 6

Guidelines in the Establishment of System Management Committee

Background

The establishment of System Management Committees (SMCs) in all national irrigation Systems (NISs) which shall serve as formal forums and regular meeting platforms between NIA, IAs and other concerned agencies on all matters relating to operation and maintenance including the planning and implementation of rehabilitation and restoration/repair works as well as the necessary support services is a major program of NIA. Similar meeting platforms shall be organized in each Irrigation Management Offices (IMOs) to address issues and concerns of IAs in communal irrigation systems (CIS).

The SMCs and such other similar meeting venues are meant to strengthen the partnership between and among NIA, the irrigation beneficiaries and other stakeholders.

1. Purpose of SMC

The SMC shall be established to serve as a venue for meetings:

a) To reflect farmers' views and experience in the management of the irrigation system; and

b) To achieve a consensus between NIA, the farmers and other stakeholders on key matters which are vital in improving the operation and maintenance, and management of the irrigation system.

2. Composition of SMC

 NIA IMO Manager/Principal/Senior engineer — (Chairman),

Members:

 NIA IMO staff (Senior IDO, Senior WRFT)

 NIA system staff (IDO, WRFT, other O&M staff)

 Federation (President, Vice-President, Secretary)

 IA (President, 1 other BoD member)

 LGU (Municipal Mayor, MAO, Agriculture Committee Chair)

 Others (to be invited only if necessary)

- Local NGO member, Barangay Captain, Agriculture technicians

3. Timing of SMC meeting

About one (1) month or as early as two (2) weeks before the start of each cropping season, the SMC shall convene basically to assess readiness of all concerned for the incoming planting season. After the end of each cropping season, another meeting shall be called to tackle the evaluation of the just completed season and plan for the next cropping season. A meeting of the SMC may be scheduled within the season when necessary and justified.

4. Agenda

The SMC mainly discusses the O&M and technical matters for the entire irrigation system. An SMC meeting should have the following agenda items:

a) Review/report of individual IA, Federation and over-all system O&M performance

b) Cropping calendar/pattern of planting (CCPP) planning and finalization

c) Water delivery and distribution (WDD) planning and finalization

d) O&M planning and finalization

e) Other technical plans, issues and concerns

f) Creation and approval of resolution on matters discussed

g) Evaluation of the just-completed cropping season

h) Other matters as necessary

5. Expected outputs of SMC

a. O&M Performance Report

Reports from each IA, the Federation President (or Secretary) and NIA Representative) on O&M activities and performance (membership, activities, ISF collection, service area, cropping intensity, etc.) are rendered during the meeting. These provide the IAs, Federation and NIA the chance to look into each others' activities and align or adjust their respective plans, if necessary.

b. Cropping Calendar/Planting Pattern (CC/PP)

The CCPP should be finalized by the SMC. It should be established with consensus among IA members, NIA staff, LGU participants and other concerned stakeholders.

c. Water Distribution and Delivery (WDD) Plan

Since the WDD is mainly dependent on the CC/PP, it should be finalized in the SMC and should be agreed by consensus among IA members, NIA staffs and LGU participants.

The SMC should provide an opportunity for IA members to participate in the decision making process in planning and finalizing the season's CC/PP and WDD Plan.

d. O&M Plans

These include:

a) Reports on status of canals, gates and other structures, especially the ones under repair and rehabilitation, if any

b) Identification of canals, gates, and other structures that need immediate repair and rehab, if any

c) Farmers' contributions (co-sharing such as labor, logistics, etc.) for repair and rehab that may take place, if any

d) Regular and special maintenance works for canal and other structures (desilting, canal clearing, gate greasing, grass cutting, sand bagging, gate and staff gauge painting, etc.) that need to be done, schedule and NIA-IA co-sharing agreement for each O&M activity

Other technical plans, issues and concerns

a) Announcements from NISO, IMO and/or RIO

b) Announcements from LGU, MAO and/or RIO

c) Announcements from Federation President or representative

d) Technical issues and concerns (comments, suggestions, inquiries, etc.) from IA representatives

Evaluation of the just completed season and planning for the next season

a) Report of harvest/production

b) Crop failure/damages

c) Other lessons/experiences worth sharing

d) Planning for the next cropping

Other matters

These are concerns that are not part of the regular items during SMC meetings but need to be discussed as they might have some bearing to the farmers and to the other members of SMC.

It is expected that all the agenda are discussed with active participation of the SMC members (NIA, IA, LGU, other stakeholders) and once agreements are finalized after reaching a consensus, all SMC members must be committed to such agreements. The written resolution of the agreed upon outputs should subsequently be provided to all the concerned stakeholders.

6. Documentation

Documentation is an important part of SMC to record and distribute the information to all IA members and other stakeholders. The following documents should be made:

a) WDD Plan — final version for the cropping season w/consensus of stakeholders

b) CC/PP — final version for the cropping season w/consensus of stakeholders

c) O&M plan — final version for the cropping season w/consensus of stakeholders

d) Minutes of Meeting for SMC

e) Resolution of SMC

f) Attendance sheet for SMC

g) Liquidation documents for SMC expenses

7. Establishment of SMC Secretariat

All SMCs should establish a Secretariat for better coordination and logistical support to activities.

a) Function of the Secretariat

 Gathers request/opinion/complaints regarding O&M, water distribution, and cropping calendar from IA members and record/consolidate these information.

 Prepares all necessary documents (draft WDD, CCPP, and O&M plan considering current system condition and IAs' need) before the SMC meeting every cropping season.

 Prepares and conducts SMC meeting in right timings.

b) Composition of the SMC Secretariat

 Chairman — Principal Engineer/Senior Engineer

 Member (Engineering) — Senior WRFT/Engineer A/B

 Member (Coordinator IAs) — IA Federation President/Vice-President

 Member (Coordinator NIA) — IDO

 Member (Accounting) — ISO Cashier

 Secretary — IA Federation Secretary

c) Meetings

The Secretariat should hold a meeting at least once before the SMC meeting. This meeting is a venue to prepare all the necessary documents and coordination for SMC. General plan for WDD, CCPP, and O&M must be discussed in this SMCS meeting.

d) Preparation for SMC Meeting

 

SMCS NIA member

-

Prepare planning documents for WDD, CCPP, and O&M

 

-

Prepare venue

 

-

Call LGU stakeholders

 

-

Prepare SMC program

SMCS IA member

-

Call all IA representatives

 

Form 1 — Registry of Landowners, Farmers, and Other Irrigation Water Users

 

Footnotes

1. Note from the Publisher: Copied verbatim from the official document. Missing Footnote Text.

2. Note from the Publisher: Copied verbatim from the official document. Missing Footnote Text.