Delta State Urban Water Board Law

1. Citation. This Law may be cited as the Delta State Urban Water Board Law, 2000 and shall come into force on the 27th day of May, 2003.

2. Interpretation. In this Law: “Appointed Place" means any area of land or water from which water is contributed to the supply of any waterworks; "Authority" includes any government agency; "The Board" means the Delta State Urban Water Board established by section 3 of this Law; "Borehole" means a hole made by a revolving tool to find water; "Appropriate Authority" means the person charged with the responsibility of management and utilisation of water resources in the State; "Department" means a department of government; "Domestic supply" means water from any waterworks used in any tenement for drinking, washing, cooking or for baths or any other purpose of a domestic nature; "Dwelling House" means any premises used wholly or mainly for the purpose of private dwelling with or without any garage, outhouse, garden, compound, yard, court, forecourt or other appurtenance belonging thereto or usually enjoyed therewith; "Excess consumption" means - (a) in the case of a tenement which is exempted from the general water rate, any quantity of water ascertained by meter as having been used in such tenement; (b) in the case of a tenement in respect of which the general water rate is paid, any quantity of water ascertained by meter as having been used in such tenement in excess of such monthly allowance as may be prescribed; "Financial year" means every period of twelve months beginning from 1st January and terminating on the 31st day of December of the same year; "Gathering ground" means any surface of land or water which collects rainfall for the purpose of any waterworks; "Government" means the Government of the Delta State of Nigeria; "Governor" means the Governor of Delta State of Nigeria; "Health Officer" includes a medical officer of health, an environmental health officer or other person acting under the authority whether general or special, of the medical officer of health, and whether such environmental health officer or other person is serving in the medical or health departments of the Public Service of the State; "House of Assembly "means Delta State House of Assembly; "Members" in relation to the Board include the Chairman; "Meter" means any appliance used for measuring, ascertaining or regulating the amount of water taken or used from any waterworks, by means of any services as well as any device or gauge or other appliance used in estimating the flow of water in or from any part of any waterworks; "Non-domestic Supply" means any water from any waterworks used for the purpose of or in carrying on any trade, business or manufacturing or for watering; "Occupier" in relation to any tenement means the person in occupation of the whole or of any part of such tenement, but does not include a lodger; "Owner" in relation to a tenement includes the person in possession of a tenement direct from the State or local government whether under a lease, sublease or otherwise; "Prescribed Authority" means the State authority having power under the Land Use Act Cap. 20 into acquire land for public purposes of the State; "Public Fountain" means any fountain, standpipe, valve, tap or appliance used or intended to be used for or in connection with the supply of water to the public from any waterworks, and vested in or erected or hereafter to be erected by the Board and is the property of the Board; "State" means the Delta State of Nigeria; "Service" means all, pipes, valves, cisterns, cocks, fittings and other appliances (excepting any meter as herein defined) by or through which water flows or is intended to flow from any waterworks or which may be used for the purpose of supplying any tenement from the waterworks, and being the property of the owner or occupier of such tenement; "State waters" means water from sources in the State other than such sources as may be declared by the Federal Government to be sources affecting more than one State; "Street" includes any square, court, highway, road, thoroughfare or public passage or place over which the public have a right of way; "Tenement" means land with buildings which is held or occupied as a distinct or separate holding or tenancy of any wharf or pier but does not include land without buildings; "Water rate" includes service charge; "Waterworks" means all reservoirs, dams, weirs. tanks, cisterns, tunnels, treatment plants, conduits, aqueducts, mains, pipes, fountains, sluice valves, pumps, engines, and all other structures or appliances used or constructed for the storage, conveyance, supply, measurement or regulation of water, which are vested in the Board as from the appointed day, or which are thereafter acquired, used or constructed by or on behalf of the Board and which are the property of the Board.

3. Establishment of the Board. (1) There shall be for the State, a body to be known as the Delta State Urban Water Board, hereinafter referred to in this Law as "the Board". (2) The Board shall be a body corporate with perpetual succession and a common seal, and shall have power to sue and be sued in its corporate name, and to hold, acquire and dispose of property, whether moveable or immovable.

4. Constitution of the Board. (1) The Board shall consist of seven persons appointed from each of the three senatorial districts of the State one of whom shall be the Chairman. (2) The Board shall include the following ex-officio members: (i) the General Manager of the Board; (ii) representative of the appropriate authority. (3) Apart from the ex-officio members, the other members of the Board shall be appointed by the Governor on the recommendation of the appropriate authority subject to the confirmation of the House of Assembly.

5. Tenure of office. (1) A member, other than an ex-officio member shall serve part-time for three years in the first instance and be eligible for reappointment for one more term and the conditions shall be as stated in the appointment letter. (2) The seat of a member shall become vacant on the occurrence of any of the following events: (a) his death; (b) his inability, resulting from any cause(s) to discharge the functions of his office; or (c) his conviction for a criminal offence; or (d) his resignation; or (e) the dissolution of the Board; or (f) his removal by the Governor for misbehaviour or any other cause.

6. Remuneration. The members of the Board shall be paid such salaries and allowances as may be determined by the Governor.

7. Procedure and meetings. (1) The Board shall meet at least once a quarter and at such other times as may be expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Board may determine. (2) The Chairman may at any time call special or emergency meeting of the Board and shall do so on being requested in writing by at least two members of the Board. (3) The Chairman shall preside at all meetings of the Board at which he is present and if he is absent the members present at the meeting shall select one of them to preside. (4) The Chairman or the member presiding at a meeting of the Board shall have original and a casting vote if necessary, for the purpose of resolving any matter put into vote. (5) Four members of the Board, two of whom were appointed under section 4 (1) of this Law, including the Chairman or other member presiding shall constitute a quorum. (6) The validity of any proceedings of the Board shall not be affected by a vacancy in the Board or any defect in the appointment of a member. (7) Subject to the preceding provisions of this section, the Board shall have power to regulate its own proceedings and make standing orders for such purpose.

8. Functions of the Board. Subject to the provisions of this Law the functions of the Board shall include - (a) to control and manage all waterworks vested under the provisions of this Law; (b) to establish, control, manage, extend and develop such new waterworks and to extend and develop such existing ones as the Board may consider necessary for the purpose of providing water in order to meet the requirements of the general public, agriculture, trade and industry in various parts of the State; (c) to ensure that water is supplied to consumers in the State at reasonable charges and in potable quality and adequate quantity; (d) to organise the conduct of comprehensive research for the Board from time to time on matters relating to its functions under this Law and to submit the result of such research to the appropriate authority for the formulation of policies relating to the supply and usage of water in the State; (e) to make arrangements and enter into agreements subject to the approval of the appropriate authority with any person, department, or office of the Government or any other body or institution, or to delegate authority to any of its members, officers, employees, servants or agents for the exercise, performance, or provision by the person, department, office, body, institution, member, officer, employee, servant, or agent as agent for the Board, of any of the functions, or facilities which may be exercised, performed, provided by the Board under this Law as the case may be; (f) control of underground water reserves in the State; (g) to perform such other functions as may from time to time be assigned to it by the Governor.

9. General Powers of the Board. (1) Subject to the provisions of this Law the Board shall have power to carry on any other activity which is necessary, advantageous or convenient for the purpose of accomplishing its functions under this Law. (2) Without prejudice to the generality of the provisions of subsection (l) of this section, the Board shall be vested with the powers to: (a) prepare such master plans as may be necessary for the maintenance and development of its undertakings; (b) construct, reconstruct, maintain and operate waterworks and all other stations, buildings, and works necessary for the discharge of its functions under this Law; (c) carry any water pipe through, across or under any street, and any place laid out or intended as a street and after giving reasonable notice in writing to the owner or occupier thereof, to carry any water pipe into, through or under any land whatsoever, without paying any compensation, but making good any damage done in connection therewith; (d) abstract water from any lake, river, stream or other natural source forming part of the State waters, and to do likewise in respect of other waters by arrangements with the authority concerned, under and in accordance with the provisions of any law in that behalf; (e) carry out survey works or the purpose of investigating whether or not pollution exists in any surface or underground waters forming part of the State waters and the cause thereof; to do likewise in respect of other waters by arrangement with the relevant authorities; (f) enter upon any land at any time for the purpose of examining, repairing or removing any water pipe being the property of the Board; (g) construct public fountains in any street or other public place; (h) enter into or upon at any time between the hours of six o’ clock in the morning and six o'clock in the evening or in cases of urgency any tenement to which any service has been laid or upon which water from any waterworks is supplied or flows, so as: (i) to inspect any service and to ascertain whether there is any waste, leakage, obstruction or damage to any service or meter therein and anything in connection therewith; or (ii) to disconnect the supply of water to any tenement, or to diminish, withhold, or divert the supply of water to any service, either wholly or in part; or (iii) to ascertain the amount of water taken or used; (i) diminish, withhold or suspend, stop, turn off or divert the supply of water through or by means of any service of public fountain either wholly or in part whenever the Board shall think it necessary or proper and without prejudice to any liability to pay any water rate, meter rent, or other sums due or to become due under this Law; (j) enter into such contracts as may be necessary, advantageous or expedient for the performance of its functions under this Law, including contracts for the construction or extension of waterworks or the bulk supply of materials; (k) acquire, purchase, construct, manufacture or maintain any property whatsoever whether movable or immovable, required for or in connection with the performance of the functions and to sell, dispose of or otherwise deal with such property or any part thereof; (l) enter into agreement with any person for the supply, construction, manufacture, maintenance or repair by that person, of any property whether movable or immovable, which is necessary or appropriate for the purpose of the Board, subject to the same provisions as in paragraph (J) of this sub-section, which provisions shall apply in respect of this paragraph with necessary adaptations and modifications; (m) do anything for the purpose of advancing the skill of persons employed by the Board, including facilities for training, education and research or the efficient running of the service and waterworks of the Board or the manner in which the same are operated; (n) accept and hold security of any kind in any form whatsoever; (o) exercise any power in relation to any security, right or privilege vested in the Board in a like manner as an individual; (p) invest money standing to its credit, and not for the time being required for its purpose under this Law, in stock, shares, debenture or other securities whatsoever approved by the Governor, and to sell such stocks, shares, debentures or other securities. (q) enter into any commitments, agreements or other arrangements in respect of the provision, distribution, supply or sale of water, subject as in paragraph (1) of this subsection. (r) insure its property against all forms of risks; (s) control underground water reserves in the State and to issue approvals and licences for the sinking of any boreholes in the State; and (t) to charge and collect fees for licences for sinking and inspection of boreholes.

10. Boreholes and matters incidental thereto. (1) Any person who sinks or operates a borehole shall before doing so obtain an approval and a licence from the Board, which licence shall be renewable annually. (2) The Board shall inspect the proposed site and certify it suitable for the purpose in the circumstances. (3) The fees chargeable on application, issuance of licences, inspection and renewal of licence shall be as set out in the First Schedule hereto. (4) The Board shall maintain a Water Resources Data Bank to which the particulars of every borehole sunk including the boring logs of such borehole shall be sent. (5) Penalty - Any person who drills or sinks a borehole without the prior approval or licence of the Board commits an offence and on conviction shall be liable to a fine of N20,000.00 (twenty thousand naira) or to 12 months imprisonment. (6) Any person who fails to submit the particulars as required under sub-section (4) of this section shall have his licence revoked. (7) The Board shall have power to seal-off, lock-up or close down any borehole or prevent the operation or utilisation of a borehole in any other reasonable manner in respect of which the particulars referred to in subsection (4) of this section have not been submitted or in which there is no valid approval and licence. (8) The Board may wave in whole or in part in favour of any governmental agency or community the payment of any fees prescribed under this Law, if the sinking of the borehole by the agency or community is in a bid to supplement the services rendered by the Board or that of the Rural Water Supply and Environmental Sanitation Agency.

11. Appointment of committees. (1) Subject to the provisions of this section, the Board may appoint a committee to advise and assist it with respect to the exercise and performance of its functions. (2) The tenure and remuneration of the Chairman and members of any committee appointed under this section shall be as specified by the Board with the approval of the Governor. (3) Members of such a committee shall be persons with special qualification or experience as in the opinion of the Board relevant to the work of the committee.

12. Power of the Governor and appropriate authority to give directions on policy matters. (1) The Board shall comply with and give effect to any specific or general directions of the Governor and the appropriate authority. (2) The Board shall afford to the Governor and the appropriate authority, facilities for obtaining information relating to the assets, liabilities and functions of the Board, and shall furnish him with returns, accounts, minutes of meeting and other information relating thereto, including the facilities for the verification of information furnished in such manner and at such times as may be required.

13. Transfer to the Board of waterworks of the Government and assets and liabilities appertaining thereto. (1) All waterworks which are used or have been constructed by or on behalf of the Government and are the property of the Government shall vest in the Board by virtue of this Law and without further assurance, and such vesting shall extend to the whole of the waterworks (hereinafter referred to as the "transferred waterworks") including all lands, works and other property, assets, powers, rights and privileges appertaining thereto or enjoyed in connection therewith. (2) All rights, liabilities and obligations of the Government or a local government council in respect of any transferred waterworks falling due or discharged shall become the rights, liabilities and obligations of the Board: Provided that the Board shall not be liable or obliged to repay to the Government any loan or part thereof made by the Government to any local government council for the construction or otherwise in respect of any transferred waterworks not yet repaid to the government by the council. (3) Every deed, bond, agreement, instrument and working arrangements to which the Government was a party for the construction or otherwise in respect of any transferred waterworks, shall unless the circumstances otherwise require, have effect as if the Board has been a party thereto. (4) Where by the operation of any of the foregoing provisions of this section, any waterworks, lands, works or other property, assets, power, rights, or privileges, as vested in the Board, the Board shall have the same rights, powers and remedies (and in particular the same rights and powers as to taking and resisting of legal proceedings), for ascertaining, perfecting, protecting or enforcing as the circumstances may require such waterworks, lands, works or other property, assets, powers, rights or privileges of the Board and any legal proceedings by or against the Government or a local government council pending in respect of the same shall be continued by or against the Board. (5) It shall be the duty of the appropriate authority to prepare and deliver to the Board such particulars as the Board may require in respect of such waterworks, including lands, works or other property, assets, powers, rights, or privileges vested in the Board by the provisions of this section. (6) In this section, "property13" without prejudice to the generality of its meaning, includes building and appurtenances, stores, materials, investments, funds, loans and accounts receivable, claims and liens. (7) All staff of the Delta State Public Utilities Board are hereby deemed to have been transferred to the services of the Board without prejudice to their existing period of service under the defunct Board, save those transferred out of the services of the Board.

14. Funds and resources. The funds and resources of the Board shall consist of – (a) all sums, investments or other property whatsoever vested in the Board by the provisions of section 13 hereof; (b) such sums or other property whatsoever as may from time to time be advanced by way of loans or grants to the Board by the Government, a Local Government Council or statutory corporation in the State, the Government of the Federation or of another State, any international organisation, any private foundation or any person whatsoever; (c) money earned or arising from any investments or other property whatsoever acquired by or vested in the Board; (d) all other sums (whether as water rates or water charges or otherwise) or other property whatsoever which may in any manner payable to or vested in the Board in respect of its powers and duties or of any matter incidental thereto under this Law or by virtue of the provisions of any other law; and (e) any sums of money borrowed in pursuance of section 15 of this Law.

15. Borrowing power. (1) Subject to subsection (2) of this section the Board may borrow any sums of money as it may require for the exercise of its functions under this Law. (2) The power of the Board to borrow money under subsection (1) of this section shall not be subject to the approval of the Governor unless the sum to be borrowed at any time exceeds a total sum of five hundred thousand naira or raises the total indebtedness of the Board above the said amount.

16. Guarantee by the Government of loan to the Board. The Government shall guarantee and such terms agreeable to it a loan obtained by the Board where guarantor is demanded for by a lender.

17. Power of the Board to establish and maintain departments etc., and make other administrative arrangements. (1) The Board shall have power to establish and maintain departments, subsidiary branches and field offices and make all other administrative arrangements as may in its opinion be necessary or expedient for the performance of its functions under this Law. (2) In pursuance of subsection (1) of this section, there shall be established the following departments: (a) Administration; (b) Finance; (c) Project Development; (d) Technical Services; (e) Commercial. (3) Each department shall be headed by a Director who shall be responsible to the General Manager.

18. General Manager and Heads of Department. (1) The Board shall have a General Manager who shall be its Chief Executive Officer and shall be appointed by the Board subject to the approval of the Governor. (2) He shall hold office for a term of three years at the first instance and renewable for another term only. (3) He shall be a person trained in management or a qualified engineer registered with the Council for the Regulation of Engineering in Nigeria with at least fifteen years post- graduation experience, five of which must be in top management capacity. (4) There shall be a Secretary to the Board who shall be the head of the General Administration Department and shall, subject to the provisions of this law, have such other functions of an administrative nature as the Board may from time to time assign to him. (5) There shall be a bi-monthly departmental meeting with the General Manager as its Chairman: Provided that in his absence the other directors present shall select one of them to preside.

19. Removal of the General Manager. The General Manager may be removed by the Board subject to the approval of the Governor, without incurring any liability whatsoever.

20. Power to engage staff. (1) The Board may from time to time appoint upon such salaries, terms and conditions as it may think fit, such officers and employees as may be necessary for the purpose of the efficient functioning of the Board. (2) Any staff so appointed in accordance with the provision of subsection (1) of this section may be terminated or dismissed by the Board upon a reasonable cause.

21. Secondment and transfer of Government and local government council employees. (1) The Board may, subject to the provisions of this section, employ or second such officers from the public service of the State or the service of any local government council with the consent of such officers in accordance with the procedure applicable in respect of the secondment of officers of the public service of the State or in the service of local government councils. (2) Within a period of eighteen months, but not before the expiration of a period of one year from the appointed day, the Board may offer employment in writing to every officer so seconded to the Board, on such terms and conditions as the Board may deem appropriate in each case. (3) An offer of employment made under sub-section (2) of this section may be acceptable within a period of six months from the date of such offer, failing which the officer concerned shall be deemed to have refused the offer: Provided that the Board may extend the period within which any such offer may be acceptable by an officer where it considers it just and equitable so to do.

22. Rates and scale of charge for water. (1) The rates and scales of charges for water shall be such as the Board may, from time to time, determine with the approval of the Governor. (2) In determining charges for water sold in bulk or direct to consumers and for services rendered, the Board shall take into consideration the need to ensure that the aggregate annual revenues accruing to it from every source shall be sufficient or nearly as possible to meet - (a) the working expense and other outgoings of the Board properly chargeable to income in that year; (b) the payments to be made in such year by the Board in respect of the interest on or repayment of the principal money borrowed by the Board; and (c) such sum as the Board may think proper to set aside in that year for a general reserve, extensions, renewals, depreciations, loans, and other like purposes. (3) A tariff measure shall, subject to approval by the Governor, be established by the Board provided that such measure shall be subject to periodic annual review. (4) Charges for water services may, if the Board thinks fit, be fixed at differential rates from locality to locality.

23. Policy direction of Board with respect to rates for water supply. The Board shall direct its policy towards ensuring that: (a) water rates shall as far as practicable be levied generally in respect of tenements and persons; (b) water shall be supplied to industrial and commercial concerns and such institutions as hospitals and schools by meter; (c) rates charged for water supplied to industrial and commercial concerns shall be higher than those charged for domestic supply but such rates shall not be so high as to discourage the continued existence of the industrial and commercial concerns or the establishment of new ones in the State; (d) the Board shall not set out to make excessive profits in respect of its waterworks taken together as one undertaking, and as much as possible any profit made from year to year shall be ploughed back into its business with a view to reducing the cost of water to the consumers and increasing water supply to every home and public building and facility in the State.

24. Power to levy general water rate in respect of tenements or persons. (1) The Board may by order, published in the gazette, with the approval of the Governor in writing, in respect of a defined area: (a) prescribe a general water rate of an amount assessed and levied - (i) on every person or any class of persons of not less than eighteen years of age resident within the neighborhood as the order may prescribe; (ii) on every tenement within the locality payable monthly or annually as the order may prescribe: Provided always that such order may specify an exemption where it is intended and no person shall be assessed for general water rate in more than one of the modes herein before mentioned; (b) specify where the general water rates are to be paid monthly, quarterly, half yearly or yearly the dates such payments become due. (2) The order made pursuant to subsection (1) of this section shall also specify the officer to whom or the office at which the general water rates shall be paid and the time during which such payment shall be made provided the water has in fact been supplied in respect of the period for which the rate is levied. (3) The application of any order made in this section may be general or may be limited as to area or time or otherwise.

25. Liability for payment of water and borehole rates. The owner of every tenement not exempted from the levy shall be liable to the Board for payment of the general water rate stated in the Second Schedule or such revised rate as may be made from time to time.

26. Recovery of water rate. Where a person fails, refuses, or neglects to pay any general water rate for which he is liable, within one month after same has become due and payable, the Board shall have powers to recover such water rate plus a surcharge of ten percent of the amount together with cost, in a court of competent jurisdiction.

27. Purchase and release of water and offence of sale of water without licence. (1) The Board may purchase water in bulk and may resell such water either in bulk or by distribution direct to individual consumers. (2) No person shall resell water supplied by the Board save under license granted by the Board upon such terms and conditions as the Board may prescribe. (3) Any person who sells water supplied by the Board without obtaining the prescribed licence shall be guilty of an offence and liable on conviction to a fine of five thousand naira or to imprisonment for two years.

28. Service to tenements and payments for excess of consumption and for meter rent. (1) The Board may, subject to the provisions of any regulation made under section 33, supply water to any tenement or group of tenements through a common tap on an application made by the owner(s) or on his/their behalf. (2) The Board may refuse to supply water to any particular tenement otherwise than by meter installed and kept in repair by the Board. (3) The owner of a tenement to which water is supplied by meter shall pay monthly to the Board the amount due for excess consumption and for meter rent. (4) The Board shall as soon as may be convenient after the end of each month notify the owner of a tenement supplied with water of the amount due from him for excess consumption and for meter rent and the amount payable shall be paid by such owner within fourteen days of the service upon him of such notice, and if the same is not paid the Board may disconnect the service to the tenement. (5) If any person fails to pay the amount due from him for excess consumption or meter rent, the Board may recover the same with costs together with the expenses of disconnecting the service to the tenement in any court of competent jurisdiction.

29. Board not responsible for safety of consumer's pipes etc. The Board shall not by virtue of making an inspection test of a consumer's pipes. fittings, appliances and apparatus in accordance with the provisions of this Law or any regulations made thereunder, whether during the progress of the work or installation at the consumer's premises or after its completion, be deemed to be responsible for the efficiency or safety of the consumer's pipes, fittings, appliances and apparatus so inspected or tested, or for the proper execution of the works or installation or for any execution of the works or installation or for any damage or loss arising out of the use or misuse of apparatus by the consumer or any other person.

30. Entitlement to supply and preclusion of preferential treatment. Except where otherwise provided in this Law, where water is provided by the Board in any area for private purposes, every other person within that area shall, upon application to the Board, be entitled to a supply on the same terms as every other person in that area: Provided that in the case of fresh connection adequate water may be made available without detriment to existing supplies.

31. Expenses on certain necessary alterations and resolution of disputes. (1) If any lawful undertaking or construction operations of person or any department or any other authority necessitates that an alteration be made to any part of any water works or of any distribution system vested in or which is the property of the Board, the Board shall on reasonable notice being given to it by such person, department or authority make such alteration and the expenses incurred therein shall be borne by such person, department or authority. (2) In the event of any dispute arising as to the amount of the expenses incurred under the provision of subsection (1) of this section, the matter shall be referred to an arbitrator20 to be agreed upon by both parties, and the award21 by the arbitrator shall be binding on the parties.

32. Continuity of supply of water. The Board shall as far as possible maintain continuity in the supply of water and shall - (a) have the right to suspend the supply of water for such period as may be necessary for carrying out inspection, tests or repairs and for the making of new connection; and (b) have the right to suspend or discontinue any supply where the payment of any rates, dues or charges are in arrears.

33. Power to make regulations. The Board may from time to time with the approval of the Governor make such regulations as are in its opinion necessary for the proper execution of the provisions of this Law.

34. Operational Rules. The Board may make rules for the guidance and conduct of its employees in respect of the operation and management of its water works.

35. Board to own all mains. All pipes and fittings which form part of the distribution system hereinafter referred to as the main, except those used to carry water directly to consumers with private connections, shall be deemed to be the property of the Board.

36. Bank accounts. The Board shall, for its purposes, keep and operate bank accounts in reputable banks and all moneys received on behalf of the Board shall be paid into such accounts.

37. Accounts and Audit. The Board shall keep proper accounts of its receipts, payments, credit, assets and liabilities in satisfactory commercial standard and sha1l submit a copy of the annual report, the financial statement and its audited account through the Auditor-General to the House of Assembly.

38. Annual report. (1) The Board shall on or before the 1st July in each year prepare and present to the Governor a report of its proceedings ending on the 31st December of the previous year. (2) The Board shall in each financial year not later than 31st October, submit to the Governor for approval its estimates of revenue and expenditure in respect of the period commencing on the first day of January, and ending on the 31st day of December of the year.

39. Representation. The Board may be represented at any stage of any civil proceedings in any court by its legal officer or a private legal practitioner engaged by the Board for the purpose.

40. Disclosure of interest by members of the Board. (1) A member of the Board who is in any way indirectly interested in a transaction or any project of the Board shall disclose the nature of his interest at a meeting of the Board, and the disclosure shall be recorded in the minute book of the board and the member shall not take part in any deliberation in relation to that transaction or project. (2) For the purpose of subsection (1) of this section a general notice given at a meeting of the Board by a member to the effect that he is associated with any trade or business or is a member of a specified company or firm which is interested in any transaction or project of the Board shall be regarded as sufficient disclosure of his interest in relation to that transaction or project. (3) A member of the Board need not attend in person at a meeting of the Board in order to make a disclosure which he is required to make under this subsection if he takes reasonable steps to ensure that the disclosure is made by a notice which is brought up and read at the meeting.

41. Injury, pollution, etc. Any person who willfully or negligently damages any waterworks, public fountains, services or meters or unlawfully draws off, diverts or takes water from the same, or from any streams or waters by which any waterworks area is supplied, or pollutes any such water, or allows any foul or contaminating liquid, gas, or other noxious or injurious matters to enter into any waters or any services connected herewith, shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand naira or twelve months imprisonment in addition to an order to purify the water and effectively prevent future contamination thereof.

42. Waste and altering service. (1) Any person who willfully or negligently misuses or wastes, or causes, or allows to be misused or wasted any water passing into, through, upon, or near any tenement from any waterworks shall be guilty of an offence and shall be liable on conviction to a minimum fine of one thousand naira. (2) Any person, who alters, or causes or permits to be altered, any services without the consent of the Board or contrary to any regulations made under this Law, shall be guilty of an offence and shall be liable on conviction to a minimum fine of one thousand naira.

43. Fraudulent measurement. (1) Any person who alters, or causes, or permits to be altered any service with intent to avoid the accurate measurement of water by means of any meter, or to obtain a greater supply of water than he is entitled to, or to avoid payment thereof, or willfully or negligently damages any meter, shall be guilty of an offence and shall be liable on conviction to a minimum fine of ten thousand naira; (2) Any service so altered or meter so damaged shall be replaced or repaired by the Board at the expense of such person, and the cost of replacing or repairing any such service or meter may be recovered by the Board in the same case in which the criminal aspect is tried and whether it is specifically claimed by the Board or not.

44. Foul accumulation of earth, etc. Any person who puts, or allows to be put, or to remain, or to accumulate on any tenement occupied or owned by him or his servants, or fails to remove or to cause to be removed, or to take such steps as may be necessary to prevent upon notice in writing from the Board, any foul, noxious or injurious matters or any earth, deposit or excavation materials in such manner or place that it may be washed, fall, or be carried into any waterworks or the gathering grounds thereof shall be guilty of an offence and shall be liable on conviction to a minimum fine of ten thousand naira and in respect of any period during which such matter, earth deposit or excavation materials is allowed to remain after notice in writing from the Board requiring the same to be removed, to a penalty of one thousand naira for each day whilst the offence continues.

45. Bathing, washing, etc. Any person who – (a) bathes in any part of the Board's waterworks; or (b) washes, throws or causes to enter therein. any horse, dog, goat, pig or other animal or any clothes, (c) wrongfully opens or closes any lock, cock, valve, sluice or manhole belonging to any waterworks; shall be guilty of an offence and shall be liable on conviction to a minimum fine of five thousand naira.

46. Penalty for non-payment of rate. Any person who, without lawful justification or excuse: (a) incites any person to refuse to pay rate or charge payable by him by virtue of this Law; or (b) incites or assists any person to misrepresent in any way his ratable capacity or any information material to the assessment of or rating upon any tenement of which he is owner or occupier; shall be guilty of an offence and shall be liable on conviction to a minimum fine of five thousand naira or imprisonment for six months or both.

47. Preliminary investigation in respect of land for waterworks. (1) When it appears to the Board that any land in the State is likely to be needed for the purpose of any waterworks, the Board may, by its servants and agents together with all necessary works enter upon any such land and: (a) (i) survey and take levels of the land; (ii) dig or bore under the subsoil; and (iii) do all other acts necessary to ascertain whether the land is suitable for such purposes. (b) clear, set and mark the boundaries of the land in respect of which it is proposed to make an application. Provided that no such agent, servant or workman shall enter any building or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) after at least six weeks’ notice of the intended entry has been served to such occupier. (2) As soon as any entry has been made under subsection (1) of this section, the Board shall pay compensation for all damages arising out of the exercise of any power conferred by subsection (1) of this section. (3) In the case of dispute as to the amount of any compensation payable under this section, it shall be referred to the Director of Lands for determination, provided any party who is dissatisfied with his decision, may apply to the court for a review.

48. Compulsory acquisition of land. (1) Whenever there is any hindrance to acquisition by the Board of any land required for the purpose of any water works including any failure by the Board to reach agreement as to the amount to be paid in respect of the acquisition, the Governor, upon the application of the Board and after such inquiry as he may think fit, may declare that the land is required for the service of the Board. (2) Upon such declaration being made the land to which it relates shall be deemed to be land required for a public purpose at the State within the meaning of the Land Use Act and the Governor may cause action to be taken by the appropriate authority for the purpose of acquiring the land for the Government of the State. (3) Where any land which has been the subject of a declaration under subsection (1) of this section has been acquired, the appropriate authority may vest such land in the Board by means of a certificate under its hand and seal: Provided that the Board shall not sell, demise, mortgage, charge or otherwise alienate any land or any interest in any land vested in the Board under the provisions of this subsection without the prior approval in writing of the Governor. (4) The compensation, if any, payable under the Land Use Act for the acquisition of any land under this section shall, in the first instance, be paid by the Government of the State, but the Board shall refund to the Government any compensation so paid and all incidental expenses incurred by the Government. (5) In this section, the appropriate authority means the authority having power under the Land Use Act to acquire land for public purpose of the State.

49. Provisions relating to the use of water by fire authorities and fire brigades. (1) Nothing in this Law shall preclude any fire authority or fire brigade from abstracting water, for the purpose of the prevention, or control of fire, from any public fountain, service or waterworks of the Board. (2) Water shall not be abstracted by any fire authority or fire brigade for the purpose of testing any firefighting appliance except with the consent of the Board, which consent shall not be unreasonably withheld. (3) No charge shall be made for water supplied by the Board under subsections (1) or (2) of this section. (4) Any main, pipe, valve, hydrant, service or other waterworks required within the area of operation of the Board by any fire authority or fire brigade in the discharge of its functions to prevent and control fire shall be provided by the Board upon full payment thereof by such fire authority, or fire brigade, but such main pipe, valve, hydrant, service or other waterworks shall vest in the Board in perpetuity but shall be maintained and renewed by the Board as the fire authority or fire brigade may require and at the expense of such fire authority or fire brigade and in accordance with the Fire Services Law.

50. Control of abstraction and prevention of waste of water in certain areas. (1) Where the Government is satisfied that special measures for the conservation of State water in any area are necessary in the public interest whether for the protection of water supplies used for industrial or other purposes or otherwise, it may make an order defining the area in question. and thereupon the provisions of this section shall apply to that area. (2) Subject to the forgoing provisions of this section no person shall in any area to which this section applies - (a) construct any well, borehole, or other works for the purpose of abstracting underground water; or (b) extend any existing well, borehole, or other work for the purpose of abstracting additional quantities of underground water; or (c) abstract water from any river, dam, or lake; or (d) construct any works capable of providing water in excess of one thousand gallons a day unless he has obtained, in accordance with regulations made under this section, a licence from the Government. (3) The last foregoing sub-section shall not apply to the construction or extension of any well, borehole or other work by an individual for the purpose of abstracting water solely and to the extent necessary for a supply of water for the domestic purposes of his household. (4) The Government may make regulations for the efficient carrying out of any or all of the provisions of this section. (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine of five thousand naira or to imprisonment for one year.

51. Compensation for damages. (1) In the exercise of the powers conferred upon the Board, its officers and servants shall endeavour to do little or no damage and shall pay compensation for any damage done to any building, crops or economic trees. (2) In the case of any dispute as to the amount of compensation payable, the same shall be determined by the Director of Lands provided that any party who is dissatisfied with his decision, may apply to the court for a review subject to section 53 hereof.

52. Execution or issue of instrument. Any contract or instrument which, if entered into or executed by a person not being a body corporate and not required to be under seal, may be entered into or executed on behalf of the Board by any person generally authorised by the Board for that purpose.

53. Service of notice, and pre-action notice etc. The Service upon the Board of any notice, order or other document may be effected by delivering the same or by sending it by registered post addressed to the General Manager, provided that no legal action shall be instituted against the Board without first, the service of a 30 days notice of the intended action on the Board.

54. Waterworks and property exempted from rating. Waterworks vested in or the property of the Board shall not be regarded as hereditaments or tenements to be valued for rating purposes under any law.

55. Power of entry by health officer. A health officer or any person authorised in writing by him may enter any waterworks in the day time between six o'clock in the morning and six o'clock in the evening or in an emergency, at any other time for the purpose of inspecting such waterworks or any part thereof and of taking samples of the water supplied from such waterworks for any purpose. Schedule 1 DELTA STATE URBAN WATER BOARD LAW FIRST SCHEDULE SECTION 10 (3) FEES

1. Application forms N1, 000 per borehole.

2. Licences: (a) borehole for domestic water supply N3, 000.00 per borehole. (b) boreholes for industrial/commercial water supply N10, 000.00 per borehole.

3. Renewal of licences: (a) borehole for domestic water supply N1,000.00 per borehole. (b) boreholes for industrial/commercial water supply N5,000.00 per borehole. S/No TYPE OF CONSUMER RATE UP PROBOSED PROPOSED REMARKS TO RATES RATE DECEMBER FROM FROM 1997 JANUARY, JULY, 1998 1998

1. ACCOMMODATION: Room - Type (a) 1-3 Rooms N60.00- N100.00 per N150.00 N100 room/month per room/month (b) 4-6 Rooms N100.00 per N100.00 per N100.00 month room/month per month subject to a subject to a minimum of minimum of N400 per N600 per month month (c) 7-14 rooms N100.00 per N100 per N100.00 month month/room per subject to a month/room minimum of subject to a N700 per minimum of month N1000.00 per month

1. Accommodation: Flat - Rate Per Rate Per Rate Per Type Flat Flat Flat (a) Two Bedroom Flat N100.00 N200.00 per N250.00 month per month (b) Three Bedroom Flat N100.00 N300.00 per N350.00 month per month (c) Four Bedroom Flat N100.00 N400.00 per N450.00 month per month (d) Five-bedroom Flat N100.00 N500.00 per N550.00 month per month (e) Six Bedroom Flat N100.00 N600.00 per N650.00 month per month (f) Mansion N100.00 N1000.00 per N1500.00 month per month (g) Duplex N100.00 N500.00 per month

2. BUILDING SITES (a) Private Building N200.00 per To be To be month metered and metered charged and N100.00/m3 charged subject to a N100.00/m3 minimum of subject to a N3,000 per minimum of month N3,000 per without meter month without meter (b) Commercial Building and N120.00 per To be To be Engineering Site month metered and metered charged and N100.00/m3 charged subject to a N100.00/m3 minimum of subject to a N3,000 per minimum of month N3,000 per without meter month without meter

3. INDUSTRIAL CONSUMERS (a) Large/Heavy Industry N1,000.00 metered and metered Industries that use per month charged and water as main input N100.00/m3 charged e.g Breweries/ subject to a N100.00/m3 Bottling Company, minimum of subject to a Textile Mills N15,000 per minimum of Industry. month N20,000 per month (b) Medium Industry N600.00 per metered and metered Industry that does month charged and not us much water N100.00/m3 charged input subject to a N100.00/m3 minimum of subject to a N10,000 per minimum of month N15,000 per month (c) Low Industry N300.00 per metered and metered Block Industries, month charged and Bakeries, Soap N100.00/m3 charged Industries etc subject to a N100.00/m3 minimum of subject to a N5,000 per minimum of month N8,000 per month (d) Small Scale Industry N110.00 per N5,000 per N8,000 per month month month (e) Fixed Demand Charged - Domestic - N150,000 on meters Industrial - N700.00 COMMERCIAL CONSUMERS (a) Highly commercialized N600.00 per N100 per Banks, Steel Plants, organisations month 1,000 litres N100 per Telecommunication, subject to a 1,000 litres NEPA, etc minimum of subject to a N20,000 per minimum of month per N25,000 site per month per site (b) Water Sachet -- N100 per N100 per distributors 1,000 litres 1,000 litres subject to a subject to a minimum of minimum of N600 per N3,000 per month month (c) Petrol Station with Car N100 per N100 per Wash N600.00 1,000 litres 1,000 litres subject to a subject to a minimum of minimum of N2,500 per N3,000 per month month (d) Car Wash only -- N600.00 N500.00 per per month month (e) First Class Hotel (5 Star) N600.00 per N100 per N100 per month 1,000 litres 1,000 litres subject to a subject to a minimum of minimum of N10,000 per N2,500 per month month (f) Second Class Hotel (4 -- N100 per N100 per Star) 1,000 litres 1,000 litres subject to a subject to a minimum of minimum of N7,500 per N10,000 month per month (g) Third Class Hotel (3 Star) -- N100 per N100 per 1,000 litres 1,000 litres subject to a subject to a minimum of minimum of N7,500 per N7,500 per month month (h) Hairdresser with water N600.00 per N100 per N100 per facilities within (e.g) wash month 1,000 litres 1,000 litres hand basin subject to a subject to a minimum of minimum of N500 per N7,500 per month month per shop. (j) Hairdressers in connected -- N200 per N400 per premises month per month per shop shop. (k) Abattoirs -- 100 per 1,000 N100 per litres subject 1,000 litres to a minimum subject to a of N2,500 per minimum of month. N3,000 per month. (I) Dry cleaners -- N2,500 per N3,000 per month month. (m) Poultry Farms N600 per Large: Large: month N5,000/month N7,5000 Medium: Medium: N2,500/month N5,000 Small: Small: N1,000/month N2,500 Domestic: Domestic: N500/month. N1,000 (n) Supermarket/Chemist -- N200 per N300 per shop month. month (o) Modem Market -- N100 per 1,000 Litres N100 per subject to a 1,000 Litres minimum of subject to a N15,000 per minimum of month. N15,000 per month.

5. RESTAURANTS/CANTEENS Standard -- N1,000 per N1,500 per month. month. Local -- N500 per N700 per month. month. 6 Banks N500/month. N100 per N2,500 per 1,000 month liters subject to a minimum of N15,000 per month 7 Mosques, Churches and N100 per N30 per N500 per other places of worship month month month 8 SERVICE CONNECTION N100 per N100 per N100 per Application Form form form month New Connection fee -- N1,500 per connection N1,200 per connection Inspection fee -- N250 N1,200 per connection Reconnection fee N300 N1,000 N1,500.00 9 TANKERS SEVICE Supply by Board Tanker N300 for N500-N900 N500-N900 4545 for for litres 4545 4545 litres Supply to private Tankers N100 per N500 per N500 per 4545 4545 4545 litres litres litres Private connection to N50 per N100 per N150per workshop month month month per per per shop workshop workshop Domestic Per annum Per annum Per annum Industrial/Commercial Boreholes (a) Application form N200 N700 N750 (b) Licence fee -- Domestic N2,500 N3,000 N3,500 -- Commercial N7,500 N8,000 N10,000 -- Industry N7,500 N8,000 N12,000 (c) Renewal fee -Domestic N250 N1,000 N1,500 -Commercial N2,500 N3,500 N14,000 -Industry N7,500 N8,000 N12,000 (d) Shallow Borehole -Licence -- N500 N700 -Industrial -- N100 N150