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NATIONAL IRRIGATION BOARD

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT Nema Ref: (NEMA/EIA/5/2/9972)

PROPOSED DEVELOPMENT OF IRRIGATION SCHEME IN LOWER SIO, BUSIA COUNTY

AUGUST 2012

Proponent:
National Irrigation Board P.O. Box 30372 00100 Nairobi, Kenya

Consultant:
InfraNET Associates 1st Floor Gateway Place, Milimani Road P O Box 2003-00200 Nairobi, Kenya Tel: +254-20-2734186 Fax: +254-20-2734956

National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

CERTIFICATION
This Environmental and Social Impact Assessment (ESIA) study was carried out for the proposed development of an irrigation scheme in Busia County. This ESIA study report provide an accurate and truthful representation of findings established during the study and has been prepared in accordance with the Environmental (Impact Assessment and Audit) Regulations 2003 and fulfils the requirements of section 147 (part 2) of the Environmental Management and Coordination Act (EMCA) 1999.
Lead EIA Experts Expert Mr. Samuel Omondi Cert. Reg. No. 2863 Signature Date 13.08.2012

Mr. Romanus Opiyo

2804

13.08.2012

Proponent National Irrigation Board, the proponent of the proposed project, acknowledges that the information given in this ESIA study report is true and accurate to the best of the institutions knowledge. Name:........... Signature:.............. Designation: Date & Stamp: ..........

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TABLE OF CONTENTS

CERTIFICATION ........................................................................................................................ i LIST OF ABBREVIATIONS ......................................................................................................vii ACKNOWLEDGEMENT ..........................................................................................................viii EXECUTIVE SUMMARY ...........................................................................................................ix Project Description ................................................................................................................. ix Team Composition ................................................................................................................. ix ESIA Study Methodology ........................................................................................................ x Impacts and Mitigation Measures ............................................................................................ x Analysis of Alternatives ......................................................................................................... xii Conclusions and Recommendations .................................................................................... xiii CHAPTER ONE ......................................................................................................................... 1 1. INTRODUCTION ................................................................................................................ 1 1.1 1.2 1.3 1.4 1.5 Project Background ........................................................................................................ 1 Project Objectives ........................................................................................................... 2 Scope of the study .......................................................................................................... 2 Justification for the Project .............................................................................................. 2 Terms of Reference ........................................................................................................ 3
Environmental Impact Assessment (EIA) ................................................................................. 3 Social Impact Assessment and Canal Way Leave Acquisition ................................................ 3

1.5.1 1.5.2

1.6 ESIA Methodology .......................................................................................................... 3 CHAPTER TWO ........................................................................................................................ 5 2. BASELINE INFORMATION ON EXISTING ENVIRONMENT ............................................ 5 2.1 Site Location, Condition and Status ................................................................................ 5
2.1.1 2.1.2 2.1.3 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 Intake Point No. 1 ..................................................................................................................... 6 Intake Point No. 2 ..................................................................................................................... 7 Intake Point No. 3 ..................................................................................................................... 9 Climate .................................................................................................................................... 10 Water Resources & Hydrology ............................................................................................... 11 Geology and Soils................................................................................................................... 12 Topography............................................................................................................................. 13 Flora and Fauna ..................................................................................................................... 13

2.2 Bio-Physical Environment ..............................................................................................10

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2.3 Socio-Cultural and Economic Environment ....................................................................14


2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7 Population ............................................................................................................................... 14 Infrastructure Facilities ........................................................................................................... 14 Water Supply and Sanitation .................................................................................................. 14 Land Use ................................................................................................................................ 14 Power Sources and Transmission .......................................................................................... 15 Agriculture and Fish Farming ................................................................................................. 15 Physical or Cultural Heritage .................................................................................................. 15

CHAPTER THREE ...................................................................................................................16 3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ..................................................16 3.1 General Overview ..........................................................................................................16 3.2 Policies ..........................................................................................................................17
3.2.1 3.2.2 3.2.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.9 National Environmental Action Plan (NEAP) .......................................................................... 17 National Policy on Water Resources Management and Development .................................. 17 Sessional Paper on Environment and Development (No. 6 of 1999) ..................................... 18 The Environment Management and Coordination Act, 1999 ................................................. 19 Environmental Management and Co-ordination (Water Quality) Regulations, 2006 - Legal Notice No. 120 ........................................................................................................................ 19 The Water Act, 2002 ............................................................................................................... 20 The Water Resources Management Rules, 2007- Legal Notice No. 171 .............................. 20 Land Acquisition Act (cap 295) ............................................................................................... 21 The Public Health Act (Cap. 242) ........................................................................................... 21 The Physical Planning Act, Cap 286 ...................................................................................... 22 Trust land Acquisition Act Chapter 288 .................................................................................. 22 Way Leaves Act (Cap. 292) .................................................................................................... 24

3.3 Legal Aspects ................................................................................................................19

3.3.10 Registration of Titles Act, Cap 281 ......................................................................................... 25 3.3.11 The Land Adjudication Act, Cap 95 ........................................................................................ 25 3.3.12 Valuation and Related Legal Issues ....................................................................................... 25 3.3.13 The Penal Code, Cap 63 ........................................................................................................ 26 3.3.14 Legal Notice 40 (Building, Operation & Work of Engineering) Rules 1984 ............................ 26

3.4 Overall Legal Compliance Statement .............................................................................27


3.4.1 Registration Applications for WRUA ....................................................................................... 27

CHAPTER FOUR .....................................................................................................................28 4. DESCRIPTION OF PROPOSED PROJECT .....................................................................28 4.1 Introduction ....................................................................................................................28 4.2 Pre-Construction Phase .................................................................................................29 4.3 Construction Phase .......................................................................................................30

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4.3.1 4.3.2 4.3.3

Intake Structures..................................................................................................................... 30 Main Canals and Pipelines ..................................................................................................... 30 Drainages ............................................................................................................................... 30

4.4 Operation and Maintenance Phase................................................................................30 4.5 Demobilization Phase ....................................................................................................31 CHAPTER FIVE........................................................................................................................32 5. POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ..................32 5.1 Key Considerations........................................................................................................32
5.1.1 Scoping ................................................................................................................................... 32

5.2 Important Environmental Components ...........................................................................33 5.3 Impact Identification and Assessment Matrix .................................................................33 5.4 Impacts on Physical Environment ..................................................................................35
5.4.1 5.4.2 5.4.3 5.4.4 5.4.5 5.4.6 5.4.7 5.4.8 5.5.1 5.5.2 5.5.3 Air Quality Degradation .......................................................................................................... 35 Increased Groundwater Recharge, Waterlogging and Soil Salinity ....................................... 35 Water Pollution ....................................................................................................................... 36 Soil Degradation ..................................................................................................................... 37 Degradation of Wetlands ........................................................................................................ 37 Soil Erosion & Siltation ........................................................................................................... 38 Hydrology and Hydraulics ....................................................................................................... 39 Physiography .......................................................................................................................... 39 Terrestrial Ecosystem ............................................................................................................. 40 Aquatic Ecosystem ................................................................................................................. 40 Endangered Species .............................................................................................................. 41

5.5 Impact on Biological Environment ..................................................................................40

5.6 Impact on Occupational Health and Safety ....................................................................41 CHAPTER SIX ..........................................................................................................................43 6. SOCIO-ECONOMIC IMPACTS OF THE PROPOSED PROJECT ....................................43 6.1 Impact on Human and Economic Development .............................................................43
6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.2.1 6.2.2 Displacement of People .......................................................................................................... 43 Fish Farming ........................................................................................................................... 43 Agricultural land ...................................................................................................................... 43 Water Management and Irrigation Practices .......................................................................... 44 Domestic Water Supply .......................................................................................................... 44 Infrastructure Facilities ........................................................................................................... 44 Agricultural Productivity .......................................................................................................... 44 Income and Poverty ................................................................................................................ 45 Education and Health ............................................................................................................. 45

6.2 Quality of Life Values .....................................................................................................45

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6.2.3

Migration & HIV/AIDS ............................................................................................................. 45

6.3 Properties within the Way Leave....................................................................................46 CHAPTER SEVEN ...................................................................................................................50 7. PROJECT ALTERNATIVES .............................................................................................50 7.1 Introduction ....................................................................................................................50 7.2 Analysis of Alternatives ..................................................................................................50
7.2.1 7.2.2 7.2.3 No Project Option ................................................................................................................... 50 Groundwater Abstraction Option ............................................................................................ 51 River Water Abstraction Option .............................................................................................. 51

CHAPTER EIGHT .....................................................................................................................52 8. PUBLIC CONSULTATIONS AND PARTICIPATION ........................................................52 8.1 Objectives of Consultations ...........................................................................................52 8.2 Stakeholder Consultation Process .................................................................................52
8.2.1 8.2.2 Phase 1 Stakeholder Consultations ....................................................................................... 53 Phase 2 Stakeholder Consultations ....................................................................................... 54

CHAPTER NINE .......................................................................................................................55 9. PROJECT BUDGET .........................................................................................................55

CHAPTER TEN ........................................................................................................................57 10. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...............................................57 CHAPTER ELEVEN .................................................................................................................62 11. CONCLUSIONS AND RECOMMENDATIONS .................................................................62 REFERENCES .........................................................................................................................64 Appendix 1: Location Maps ...................................................................................................59 Appendix 2: Minutes of Stakeholder Consultation Meetings Phase 2 .................................60 Appendix 3: Valuation Report ................................................................................................61 Appendix 4: Stakeholder Meeting & Proceedings, Questionnaires & Attendance Records Phase 1 .................................................................................................................................62 Appendix 5: River Sio Discharge & Water Quality Records ...................................................63

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LIST OF TABLES Table 1: Rainfall Data from stations in Project Areas................................................................................... 10 Table 2: Monthly Summary of Sio River Flow Data at 1AH01...................................................................... 12 Table 3: Proposed Areas and Water Abstraction Sources ........................................................................... 28 Table 4: Impact Prediction and Assessment Matrix ..................................................................................... 34 Table 5: Consultation Activities .................................................................................................................... 53 Table 6: Summary of Investment Costs ....................................................................................................... 55 Table 7: Cost Estimates for Phase I ............................................................................................................ 55 Table 8: Cost Estimates for Phase II ........................................................................................................... 56 Table 9: Environmental and Social Management Plan ................................................................................ 58

LIST OF FIGURES Figure 1: Lower Sio Basin.............................................................................................................................. 5 Figure 2: Proposes Intake No. 1 showing dam features & other activities ..................................................... 6 Figure 3: Proposed Intake Point No. 2 on river Sio ........................................................................................ 7 Figure 4: Outcropped rocks on Sio riverbed .................................................................................................. 8 Figure 5: Effects of erosion on the banks of river Sio .................................................................................... 8 Figure 6: Proposed intake no. 3 fed by river Namaderema ........................................................................... 9 Figure 7: Rainfall Pattern in Sio Basin ......................................................................................................... 11 Figure 8: Location Map of Project Areas...................................................................................................... 29

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LIST OF ABBREVIATIONS
AfDB CGD DC EA EIA EMCA ESIA ESMP FGD Ha LVNWB IEC MOA m NEMA NGO NIB PRA PAPs RAP SIA ToR WRMA WAPRO African Development Bank Community Group Discussion District Commissioner Environmental Audit Environmental Impact Assessment Environmental Management Coordination Act Environmental and Social Impact Assessment Environmental and Social Monitoring Plan Focus Group Discussion Hectare Lake Victoria North Water Board Important Environmental Components Ministry of Agriculture Meter National Environmental Management Authority Non Governmental Organisation National Irrigation Board Participatory Rural Appraisal Project Affected Persons Resettlement Action Plan Social Impact Assessment Terms of Reference Water Resource Management Authority Water Resources Planning Organization

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ACKNOWLEDGEMENT
We extend our special thanks to the management of National Irrigation Board NIB (the proponent) for contracting the team of experts from InfraNET Associates to carry out the Environmental and Social Impact Assessment (EIA) study of the proposed development of irrigation scheme in Lower Sio, Busia County. We further extend our appreciation to the NIB team who have been helpful in facilitating stakeholder consultations and disclosures in the projects areas. The teams effort has enormously contributed towards the ESIA study process. The ESIA study team was positively assisted by Mr. Raphael Waswa, the District Irrigation Officer, Busia and his colleagues, for which we remain grateful. We also thank Mr. Palapala, the District Environment Officer, Busia for his earlier contributions and invaluable insights on the environmental status of Busia county. Lastly, we thanks project affected persons and other stakeholders in the project areas for their invaluable contribution, support and co-operation. Once again, thank you all.

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EXECUTIVE SUMMARY
Project Description The proponent, National Irrigation Board (NIB), has proposed to develop irrigation schemes in Lower Sio Basin covering Butula, Busia, Nambale and Samia Districts, all in Busia County. The proposed project will entail construction of intake structures, canals and drainage infrastructure in these areas. Irrigation water is proposed to be abstracted from Sio river and its tributaries. This proposed development of the Lower Sio Irrigation Scheme by the proponent is not only a fulfillment of its mandate but also an important milestone in creating for the country a sustainable infrastructure to achieve food self sufficiency in line with the government developmental agenda as set out in Vision 2030.

Team Composition The team of experts from InfraNET Associates who undertook the ESIA Study included: Mr. KenyanitoTsekouToure Mr. Romanus Opiyo Mr. Samuel Omondi Mr. Francis Kage Ms. Catherine Juma Mr. Peter Atandi Mr. Eric Nyandimo Mr. Wycliffe ONGONGE Mr. Robert G. Rahsman Ms. Jean Wanja Njiru Team Leader Deputy Team Leader/Socio-Economist Lead EIA Expert/Environmentalist Lead EIA Expert/Environmentalist Environmentalist Surveyor Surveyor Land Valuer Hydrogeologist Agriculturalist

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ESIA Study Methodology The ESIA study was undertaken in phases as required by the environmental (impact and audit) regulations, 2003 and applicable legislations. Phase 1 entailed introductory consultation meetings with government officials and local leaders in the proposed project areas. Phase 2 involved scoping for environmental and socio-economic impacts, surveying to establish affected parcels of land, and public consultations with local communities in the project areas. Phase 3 involved conducting land searches to verify land details and determine eligibility of land owners. Phase 4 entailed joint stakeholder consultation meetings coordinated by the proponent to make disclosures and involved local government officials and project affected persons (PAPs). Subsequently, data gathered from the field were analysed and findings are presented in this ESIA study report.

Impacts and Mitigation Measures From field investigations and public consultations, a variety of impacts were identified and analysis conducted to determine their beneficial and negative effects to the bio-physical and socio-economic environments. As for the beneficial effects, it is believed they will contribute to enhancement of the projects overall values and objectives to the local communities. In the case of identified negative effects, various mitigation measures and design safeguards have been suggested in the ESMP which if fully and appropriately implemented will minimise the anticipated impacts on the environment to insignificant proportions. Positive Impacts Some of the main positive impacts of the project are: Improved agricultural productivity with a cropping intensity increase of over 100% transforming into better yields and outputs. This benefit is anticipated to result from year-round water availability and improved farming methods introduced through organised irrigation and drainage infrastructure.

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Creation of employment opportunities especially for the youth and women both during construction, operation and maintenance of the schemes. Installation of water regulation and flood control structures as part of the design components of the intake structures. This will help in the redistribution of flood waters during high river flows and thus optimize agricultural production and counteracting potential waterlogging problems.

Negative Impacts Some of the main negative impacts are: Displacement of some people occupying land in areas where sections of the main and secondary canals will be laid. This will cause adverse social impacts in terms of resettlement of affected households. Potential for increased groundwater recharge which would stem from possible drainage seepage losses, poor on-farm water management practices and poor maintenance of canals occurring in the irrigation scheme. Loss of local vegetation and soil degradation during establishment of working areas, earthworks and storage of construction materials at the project sites. River siltation resulting from erosion of riverbanks, excavations and trenching works for canals and drainage channels. Possible salinisation resulting from increased waterlogging which may impact the quality of river water and soil nutrient profile. Health and safety risks/hazards associated with drowning, falling from high ground and collapse of construction structures due to soft riverbeds during construction phase. Mitigation Measures In order to address these main impacts the following mitigation measures have been suggested:

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The design engineers and contractors should provide for proper lining and covering of water conduits from the dams to the point of delivery as well as along on-farm drainages. Backfill areas where top soil is disturbed with good quality spoils and plant trees. Organize disposal of all wastes generated during construction in an environmentally acceptable manner. This shall include consideration of the nature and location of disposal sites, so as to cause least environmental impact. Take all precautionary measures when handling and storing fuels and lubricants, to avoid causing environmental pollution. This is to include establishment of contingency plans for clean up in the event of spillage. Separate drainage network be built which drain into a designated land area for saline water. Monitor periodically by sampling and testing to ascertain the quality of irrigation water, downstream river water and wastewater in the drainage areas periodic sampling and testing in an accredited laboratory. Educate and sensitise farmers on the use and dangers of agrochemicals to prevent or minimise potential misuse. Construction works should be carried out safely by the contractor through by ensuring that safety procedures are followed at all times during construction phase.

Analysis of Alternatives Various alternatives were evaluated on the basis of national priorities and recommendations contained in Vision 2030, the National Water Master Plan of 1982 and the technological and engineering requirements for irrigated agriculture. Three main options were considered and evaluated namely, no project option, groundwater abstraction option and river water abstraction options. Based on the above assessment factors, river water abstraction option was determined to be the most viable option, more especially because it is a practically feasible option given the project areas are endowed with vast river water resources in the Sio Catchment Basin.
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Conclusions and Recommendations Based on the foregoing, the consultants believe that the proposed projects overall positive benefits outweigh potential negative impacts with proper implementation of the proposed mitigation. In addition, possible negative impacts such compensation and restoration initiatives of the PAPs have been exhaustively addressed and sufficient mitigation measures put in place. Indeed, the proponent in phase IV of the project has signed sale agreements with a number of PAPs and continues to do so. The ESIA experts believe this is a proactive approach that will ensure effective management of potential socio-economic and physical losses attributable to the proposed project. It is therefore recommended that the ESIA Study Report be expeditiously reviewed and approval granted by the Authority for timely implementation of the proposed project.

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

CHAPTER ONE
1. INTRODUCTION

1.1 Project Background The Government of Kenya has recognised the importance of promoting irrigation development in the 9th National Development Plan (2002-2008). Indeed, it has underscored the fact that development of irrigated agriculture is a critical intervening strategy to achieving food self-sufficiency, alleviation of poverty and stimulation of economic growth especially among the rural population. The National Irrigation Board (NIB), a state corporation under the Ministry of Water and Irrigation (MWI) is mandated, inter alia, to oversee development and improvement of irrigation schemes across the country. In response to this mandate, NIB has proposed to develop an irrigation project in Lower Sio covering Busia, Butula, Nambale and Samia Districts in Busia County. The proposed project will cover a total irrigable land area of 6,090ha which are bounded by 613000 and 64600 Easting, and 26000 and 54000 Northing. The areas to benefit from the proposed scheme within Busia County have been partitioned into six areas: area 1 - 1,700ha; area 2 970ha, area 3 1040ha, area 4 660ha, area 5 720ha and area 6 1000ha Through this proposed irrigation project, NIB aims to establish and implement sustainable irrigation infrastructure that will contribute to food self sufficiency and overall improvement in livelihoods, health and socio-economic status of the local community. In order to conform to the requirements spelt out under section 58 of the Environmental Management and Coordination Act, 1999 (EMCA) which stipulates in part that a project proponent must seek an EIA license notwithstanding any approval, permit or license granted under this Act or any other law in force in Kenya and the requirement for an EIA license for all
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projects listed in the Second Schedule of the Act, NIB commissioned the ESIA study which culminated the initial ESIA project report (NEMA/EIA/5/2/9972) submitted to NEMA in May 2012 and now this ESIA Study Report.

1.2 Project Objectives The main objective of this proposed project is to develop and implement irrigated agriculture infrastructure in lower Sio as a means of achieving food self sufficiency and security at the local and national levels.

1.3 Scope of the study The ESIA study is a follow up to the ESIA project report submitted to NEMA and covered holistic evaluation of interactions between the various components of the proposed irrigation project, the bio-physical ecosystems and socioeconomic aspects associated with all phases of the project.

1.4 the

Justification for the Project government in enhancing agricultural productivity and thereby

Expansion of irrigation and drainage infrastructure is considered a priority by contributing to food security and reduction of poverty alleviation. By this recognition the government through the proponent has identified the Lower Sio Irrigation development as one of the projects to undertaken in order to achieve its projected net annual increase of 32,000 ha of land area under irrigated agriculture. Indeed, the development of irrigation infrastructure in the Sio Basin is considered very beneficial and cost effective given the vast water resources of Sio River. As a result, the local communities are expected to engage in more productive agricultural farming which in turn would lead to food security, reduced poverty levels and disease incidences in the project zone. Equally, a significant segment of households in the project areas will benefit from resulting jobs created at on-farm management and income from sale of agricultural produce.

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1.5

Terms of Reference

This ESIA study has been undertaken in accordance with provisions of EMCA and requirements of the Environmental (Impact and Audit Regulations) 2003 Legal Notice No. 101, and all relevant national and international legislations and regulations. The ToR agreed between the propoenent and consultants in line with EMCA and EIA regulations and submitted to NEMA are given herein below:

1.5.1 Environmental Impact Assessment (EIA) i. Identification and description of policy and legal framework, guidelines and standards. ii. iii. iv. Description measures. Collection and analysis of environmental, health and safety aspects of the proposed project. Analysis of the social aspects and beneficiary participation. of baseline environmental conditions and mitigation

1.5.2 Social Impact Assessment and Canal Way Leave Acquisition i. Assessment of socio-cultural aspects including present and projected impacts by use of qualitative and quantitative methods. ii. iii. iv. v. Study land tenure status and willingness of owners to cede land for proposed irrigation development. Carry out a Resettlement Action Plan (RAP) study. Conduct adequate public consultation. Assess the institutional capacity of agencies that will be involved in implementation of mitigation measures.

1.6

ESIA Methodology a) Screening in which the project was already identified by the Proponent as among those requiring environmental impact assessment as per schedule 2 of EMCA, 1999.

The general steps followed during the study were:

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

b) Scoping in which key issues and potential environmental and socioeconomic impacts were established, evaluated and their severity determined. c) Desktop review of baseline environmental and and socio-economic implementation information, requirements. d) Fieldwork involving land surveys, census surveys, physical assessment of environmentally sensitive sites, proposed intake sites and surrounding areas. e) Public consultations through public barazas, stakeholder meetings, focus group discussions, interviews and administration of questionnaires to affected persons and/or groups f) Reporting of ESIA study findings. legislative framework project

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

CHAPTER TWO
2. BASELINE INFORMATION ON EXISTING ENVIRONMENT

2.1

Site Location, Condition and Status

The proposed project areas are found within Lower Sio basin (Figure 1) covering four districts in Busia County, namely, Butula, Samia, Busia and Nambale. The Sio basin lies between latitudes 0.280N, 0.670N and longitudes 34.050E, 34.570E. The conditions and status of proposed intakes are described in detail below.
Figure 1: Lower Sio Basin

Source: Feasibility Study and Design Report, 2011

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2.1.1 Intake Point No. 1 This proposed intake is in Funyula Division of Samia District. At the point, there is an existing dyke wall collecting water from Munana stream. The dyke provides a reservoir basin with an approximate water volume of 45,000m3. This also serves as an intake point for domestic water supply as there is an existing intake structure and pump house run by LVNWB. Across the road, the rivers channel continues downstream which provides water for subsistence farming and fish farming. Figure 2 shows the existing features.

Figure 2: Proposes Intake No. 1 showing dam features & other activities

Pump house for LVNWB at intake 1

Subsistence farming around intake 1

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

2.1.2 Intake Point No. 2 This proposed intake is at the point where Lerekwa stream joins river Sio in Bundika-Musina area in Nambale District (Figure 3). About 15 metres upstream of this point, is a section of the riverbed underlain by hard tuffs which outcrop forming shallow weirs in the river channel (Figure 4). This section of the river is approximately 8 meters wide and 3 meters deep from the lowest point of the riverbed. Sugarcane and other food crops have been grown to almost 3 meters from river edges. Extensive soil erosion has also taken place on Sio riverbanks as shown in figure 5.

Figure 3: Proposed Intake Point No. 2 on river Sio

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Figure 4: Outcropped rocks on Sio riverbed

Figure 5: Effects of erosion on the banks of river Sio

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

2.1.3 Intake Point No. 3 This proposed intake is located in Namaderema-Buluma area in Butula District. There is an existing dam with approximate water volume of 9,600 m3. The dam is heavily silted and overgrown plants colonise it but water flow remains steady. Figure 6 shows the existing situation at the dam.

Figure 6: Proposed intake no. 3 fed by river Namaderema

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2.2

Bio-Physical Environment

2.2.1 Climate The climatic characteristics in the Sio river basin is equatorial with humid and sub humid characteristics. All the proposed project fall in this region and as such ascribe to the same climatic characteristics. The area experiences bimodal rainfall pattern heavily influenced by the wind systems and the passage of the inter-tropical convergence zone (ITCA) over the catchment area. The bimodal pattern means the area receives the long and short rains between March May and late August October, respectively while the dry spells are from December through February and in the months of June-July. Mean annual rainfall is 1,500mm with most parts of the County receiving between 1,270mm and 1,790mm. The annual mean maximum temperature ranges from 26 degrees centigrade and 30 degrees centigrade while the annual mean minimum temperatures vary between 14 and 18 degrees centigrade. Due to its proximity to Lake Victoria, the county experiences high rates of evaporation of between 1800mm and 2000mm per year which influences relative humidity.
Table 1: Rainfall Data from stations in Project Areas
Station Butula, alt 1295m Busia, alt. 1295m Lukoli, alt. 1219m Nangina, alt. 1219m Port Victoria, alt. 1250m Mean (mm) Station # 8934039 8934105 8934037 Annual (mm) 1990 1766 1613 Jan 64 70 38 Feb 124 80 58 Mar 155 156 143 Apr 289 278 241 May 311 245 243 Jun 172 102 116 Jul 122 84 96 Aug 175 141 118 Sep 167 157 106 Oct 163 182 140 Nov 145 172 214 Dec 107 100 110

8934030

1420

41

59

124

246

155

79

72

108

151

160

156

70

8933026

925

49

57

133

189

137

48

29

45

46

69

88

34

1543

52

76

142

249

218

103

81

117

125

143

155

84

Source: Feasibility Study & Design Report, 2011

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

Figure 7: Rainfall Pattern in Sio Basin

Source: Feasibility Study and Design Report

2.2.2 Water Resources & Hydrology The Busia County lies within the Sio Catchment Area. This catchment consists of upper, middle and lower Sio catchment. River Sio is the main water yield in this region forming with its tributaries the Sio basin which originates from Bungoma district areas of Siritanyi and mateka at a height of 1550m a.s.l and accounts for a catchment area of 1,436km2. It drains Khasoko, Luanda, Nalinda, Lunganyiro, Mungatsi and Sibembe areas in the upstream where it is joined by Namaderema river near Mahuga area upstream of Nambale bridge. The middle Sio catchment area has river Sio being joined by its tributaries at Lumino area which drain the western parts. The lower catchment comprises the main Sio river with its tributaries of Nawalo and Ludathu which originate from Muyufwa hills, Sango originating from the border with Uganda draining into river Sio at swampy area downstream in Butula and Setora which originates from Samia escarpment. The river eventually drains into Lake Vitoria. The project areas also have several riverine wetlands in Burinda, Boro Nanga, Busiada/Murumba, Lerekwe, Kanjala and Lungulu/Malanga with riparian

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National Irrigation Board ESIA Study Report Lower Sio Irrigation Project

geomorphic setting with water sources being either or a combination of precipitation, surface flow or groundwater discharge. Based on the gauging data (gauging station 1AH01 located downstream) obtained from WRMA offices in Kakamega, River Sio has a mean daily flow of 12.67m3/sec, with mean monthly flows of 2.9 m3/sec in February and 32.69 m3/sec in May being dry and wet months respectively. Table 2 below shows the gauging data for all the twelve months.
Table 2: Monthly Summary of Sio River Flow Data at 1AH01 Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daily Monthly Mean Flow (m /sec) 3.57 2.9 4.87 18.18 32.69 21.56 11.07 9.08 10.43 13.03 15.31 9.12 12.67
3

Max. Flow (m /sec) 25.43 16.03 25.28 53.44 49.32 38.67 24.47 24.05 31.06 34.72 41.27 46.77 71.12

Min. Flow (m /sec) 0.29 0.13 0.19 1.18 14.51 6.51 3.52 2.02 0.98 1.41 1.27 1 0.091 0.13

12.65 53.44 Source: WRMA, Kakamega Office

2.2.3 Geology and Soils In terms of geological formations, the upper Sio sub-catchment is dominated by grainite intrusions, while the mid has Kavirondian series underlain by sediments cutting across Nambale. The geology of lower Sio sub-catchment consist of the Samia series of the Karagwe-Ankolean age with quartzites along with schists rocks which cuts across Yala swamp through Samia, Bukhekhe and Marachi areas. Most of these rocks are deeply weathered save for Wanga lavas and volcanics in Marachi which green colouration attributed to chlorite

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and well differentiated from the grey and brown sediments of the Kavirondian series. Most of the soils in Busia County are moderately deep, generally rocky and stony consisting of well-drained reddish brown clays. In Lower Sio subcatchment, the soils of intermediate igneous rocks consisting of well to moderately drained very deep and shallow reddish brownish to strong brown friable clay and sandy with moderate water holding capacity.

2.2.4 Topography The lower Sio basin is characterised by undulating terrain with gentle highlands intersected by valleys. The altitudes ranges from 1,128m a.s.l in the south parts to approximately 1,463m a.s.l in the central and northern regions. Samia hills cutting from the east to the west is elevated to 1440m a.s.l being the major relief. Wanga hills at altitude 1,336m asl and Nambale at 1,240m asl are isolated to the northern western parts of the basin. The middle and lower regions of the basin (comprising the Lower Sio plains) are relatively flat and gently undulating plateaus.

2.2.5 Flora and Fauna The riparian vegetation has mostly the following plant species; Phragmites, Sedge spp, spp., Afromomum spp. Sesbania spp, Spathodea spp., Sedge grass and Cyperus papyrus. Also found within the wetlands are birds like Ibis, Egrets, Pelicans, Herons and Dugs. Some sections of River Sio are inhabited by aquatic insects or aquatic stages of insects such as stonefly nymphs, mayfly nymphs, caddisfly larvae, dragonfly nymphs and midge larvae. These organisms are either pelagic or benthic and crawl upon or attach themselves to the bottom (substrate) of the river. Plantations of banana, coffee and sugarcane also exist in the areas. Indigenous trees are also available in various homesteads and along the roads. Different types of fish species are farmed by the local community adjacent to the rivers. They include Labeo victorianus and Alestes spp. In addition, river Sio
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supports Labeo spp. which is endangered but endemic and is found in along sections of the river where temperatures and availability of food favours their survival. At household levels, cattle, goats and domestic animals are kept.

2.3

Socio-Cultural and Economic Environment

2.3.1 Population The National Census on Population and Housing, 2009 carried out by the Kenya National Bureau of Statistics (KNBS) put the population in the districts of Butula, Busia, Samia at 421,352 people with an average population density of 655 people per Km2.

2.3.2 Infrastructure Facilities Busia County has a road network which comprises 3 categories, namely, truck roads (tarmac and earth roads), feeder roads and community roads. The main tarmac road into Busia township from Kisumu is in deplorable state. The road network from Busia to Nambale and from Matayos to Funyula are all in good condition.

2.3.3 Water Supply and Sanitation In Busia and Samia districts, piped water is provided by the Lake Victoria North Water Board (LVNWB). However, in other areas and mainly in the rural areas, the sources of safe drinking water comprise boreholes equipped with hand pumps, shallow wells equipped with hand pumps and springs. Rainwater harvesting also provides a source of waste within some homesteads and in some schools.

2.3.4 Land Use Land use in Busia County is virtually mixed since it is almost impossible to separate industrial, commercial and residential areas especially in urban areas. In rural areas, however, the predominant land uses are mainly for subsistence farming and to a lesser extent commercial such as sugarcane farming.
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2.3.5 Power Sources and Transmission The main source of power is electricity supplied from the national grid under the rural electrification programme. However, most homes in the rural areas are connected due to high costs. Other sources of energy in the area are solar, wood fuel, charcoal and kerosene.

2.3.6 Agriculture and Fish Farming Busia County falls under the cereal-cotton farming system. Predominantly, food crops characterise the cropping patterns in all areas of the project areas. The main crops being cotton, cassava, sweet potatoes, sorghum, millet, maize and beans. However, coffee and sugarcane are also cultivated on the NambaleButula belt. The baseline survey by the Kenya Integrated Household Survey (KIBHS) indicates that average land holding per farm family is 1.7 acres. There are also fish ponds where local communities are turning to fish farming with the Busia Development Report, 2009 putting the figure of fish ponds at 199.

2.3.7 Physical or Cultural Heritage There are no historical or important cultural sites present in the proposed project areas, which may be affected by the proposed development. Additionally, there are no nature reserves or protected sites in these areas.

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CHAPTER THREE
3. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

3.1

General Overview

Kenya has a policy, legal and administrative framework for environmental management. Under the framework, the National Environment Management Authority (NEMA) is responsible for ensuring that environmental impact and social assessments (ESIAs) are carried out for new projects and environmental audits on existing facilities as per the Environmental Management and Coordination Act 1999. ESIA studies are carried out in order to identify potential positive and negative impacts associated with the proposed project with a view to taking advantage of the positive impacts whilst providing effective mitigation measures for the negative effects. The requirements on ESIA are contained in sections 58 to 67 of the Act. According to section 68 of the environmental management and coordination Act (EMCA) 1999, the Authority shall be responsible for carrying out environmental audits on all activities that are likely to have a significant effect on the environment. Environmental auditing (EA) is a tool for environmental conservation and has been identified as a key requirement for existing facilities to ensure sustainable operations with respect to environmental resources and socio-economic activities in the project neighbourhood. The government has established regulations to facilitate the process on ESIAs and environmental audits. The regulations are contained in the Kenya Gazette Supplement No. 56, legislative supplement No. 31, and legal notice No. 101 of 13th June 2003.

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In the past, the government has established a number of National policies and legal statutes to enhance environmental conservation and sustainable development. NIB and the local WUA groupings will have to observe the provisions of the various statutes and regulations that are aimed at maintaining a clean and healthy environment during the entire project lifecycle.

3.2

Policies

3.2.1 National Environmental Action Plan (NEAP) According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from industrial, economic and social development programmes that disregarded environmental sustainability. Following this, establishment of appropriate policies and legal guidelines as well as harmonization of existing policies have either been accomplished and/or are in the process of development. Under the NEAP process Environmental Impact Assessments were introduced targeting the industrialists, business community and local authorities.

3.2.2 National Policy on Water Resources Management and Development While the National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the countrys socio-economic progress, it also recognizes the byproducts of this process as wastewater. It, therefore, calls for development of appropriate sanitation systems to protect peoples health and water resources from institutional pollution. Industrial, business and large scale agricultural development activities, therefore, should be accompanied by corresponding waste management systems to handle the wastewater and other waste emanating there from. The same policy requires that such projects should also undergo comprehensive EIAs that will provide suitable measures to be taken to ensure environmental

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resources and peoples health in the immediate neighbourhood and further downstream are not negatively impacted by the discharges. As a follow-up to this, EMCA 1999 requires annual environmental audits to be conducted in order to ensure that mitigation measures and other improvements identified during Elias are implemented. In addition, the policy provides for charging levies on wastewater on the basis of quantity and quality. The polluter-pays-principle applies in which case parties contaminating water are required to meet the appropriate cost of remediation. The policy provides for establishment of standards to protect water bodies receiving wastewater, a process that is ongoing.

3.2.3 Sessional Paper on Environment and Development (No. 6 of 1999) The key objectives of the Policy include: i. ii. To ensure that from the onset, all development policies, programmes and projects take environmental considerations into account, To ensure that an independent environmental impact assessment (EIA) report is prepared for any industrial venture or other development before implementation, iii. To come up with effluent treatment standards that will conform to acceptable health guidelines. Under this paper, broad categories of development issues have been covered that require a sustainable development approach. These issues relate to waste management and human settlement. The policy recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or non-waste technologies, increased public awareness raising and appreciation of a clean environment. It also encourages participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others.

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3.3

Legal Aspects

The key national laws that govern the management of environmental resources in the country have been briefly discussed in the following paragraphs. Note that wherever any of the laws contradict each other, the Environmental Management and Coordination Act 1999 supersedes. 3.3.1 The Environment Management and Coordination Act, 1999 The Environmental Management & Coordination Act, 1999 generally provides for enjoyment by every person in Kenya to a clean and healthy environment while also placing responsibility to safeguard and enhance the environment. According to the Act an Environmental impact assessment study needs to be carried out on projects specified in the second schedule of the Act that are likely to have a significant impact on the environment. This proposed project has been rightly classified among those that must be subjected to an ESIA study under the second schedule of the Act. It further stipulates that operators of projects should carry out annual environmental audits in order to determine level of compliance with statements made during the EIA. The audit report should be submitted to NEMA. The Act prohibits discharging or applying poisonous, toxic, noxious or obstructing matter, radioactive or any other pollutants into aquatic environment. It further places responsibility on operators of project which discharges effluent or other pollutants to submit to NEMA accurate information about the quantity and quality of the effluent and to seek effluent discharge licenses. 3.3.2 Environmental Management and Co-ordination (Water Quality) Regulations, 2006 - Legal Notice No. 120 These regulations are established under the Environmental Management and Co-ordination Act. These regulations apply to drinking water, water used for industrial, agricultural and recreational purposes, including water used for fisheries and wildlife, among others.

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These regulations prohibits discharge or application of any poison, toxic, noxious or obstructing matter, radioactive wastes, or other pollutants into water meant for fisheries, wildlife, recreational purposes or any other purposes. The regulations provide for the creation of a buffer zone for irrigation schemes of at least fifty (50) metres in width between the irrigation scheme and the natural water body.

3.3.3 The Water Act, 2002 This Act has placed overall responsibility for water management with the Ministry of Water Resources and Irrigation. This Act has provided for the formation of a Water Resources Management Authority (WRMA) responsible for the management of lakes, aquifers and rivers, among other functions. The Act empowers the minister in charge to promote the conservation and proper use of water resources and the conservation of water catchments, water sources and courses. It further prohibits the draining or interfering with wetlands for any purpose without proper authority.

3.3.4 The Water Resources Management Rules, 2007- Legal Notice No. 171 These rules are made pursuant to the Water Act. The rules requires permission by way of obtaining an abstraction permit from the prescribed authority (WRMA) by any person or institution seeking to abstract water from defined watercourses after payment of prescribed fees. It further requires permit holders for abstraction of water for irrigation purpose to renew after every 5 years. It prescribes that permit fees are based on the surface area to be irrigated. The rules restrict the permit holder only to use the flood flow for irrigation and will construct a reservoir to store enough water to irrigate the area specified in the permit for 90 days. The Act has also provided for the formation of Water Resources Users Associations (WRUA) in order to ensure sustainable use of water management schemes.

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The rules requires the permit holder storing or arresting the flow of water by means of a dam or weir located on a body of water or watercourse to provide at a depth measured from the top of the dam or weir, an outlet, controlled by a valve, sluice gate or other device, which is capable of being operated at all stages of the flow of such body of water or watercourse so that the normal flow, or other flow as required by the Authority, of such body of water or watercourse can be passed through or around such dam or weir at all stages to enable for compensation of flow. The rules also states that authorised water users to be appurtenant to land which should be proved by way of an authentic title deed, lease agreement, easement, way leaves or a letter from the land owner or community endorsed by the provincial administration. The rules also requires permit holder to pay to the designated Authority water use charges on the basis of the water abstracted, diverted, obstructed or used including energy derived from a water resource.

3.3.5 Land Acquisition Act (cap 295) The Act requires that where any land is required for the purposes of a public body, and that the acquisition of the land is necessary in the interests of, among other considerations, planning or the development or utilization of any property in such manner as to promote the public benefit, the Minister of Lands may in writing direct the Commissioner to acquire the land compulsorily under this Part. It further requires that the commissioner shall in effecting the directive cause a notice to be published in the Gazette that the Government intends to acquire the land, and shall serve a copy of the notice on every person who is interested in the land. The Act further requires that full compensation shall be paid out to those owning the land. 3.3.6 The Public Health Act (Cap. 242) This Act prohibits any person or institution from causing nuisance or conditions liable to be injurious or dangerous to human health. It further forbids discharge of any noxious matter or wastewater flowing or discharged

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from any premises into a public street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge. 3.3.7 The Physical Planning Act, Cap 286 The Act provides for the preparation and implementation of physical development plans and for related purposes. It gives provisions for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use and development of land. This Act requires that a person who wishes to carry out development shall seek permission from the relevant agency before commencement of any works or risk punitive measures which include among others requirement to restore the land to its original condition. This Act further requires that a development application be sought from the relevant local authority accompanied by an environmental impact assessment report of the proposed development. The site layout plan appended to this report shows the route of the entire proposed canal route. The Proponent shall secure all mandatory approvals and permits as required by the law.

3.3.8 Trust land Acquisition Act Chapter 288 This Act guides the acquisition of land under the custodian of the councils and allows for the expropriation of Trust Land on condition that: The development and utilization of the property will promote public benefit among other things. The necessity for expropriation is great enough to justify any hardship caused to any persons Law prompts for payment of full compensation The procedures of land acquisition under this Act are as described in the steps below;

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Step 1: The process starts with a proposal at a Full Council Meeting where proposed acquisition is deliberated and consent given vide a Council Minute. Step 2: The District Commissioner in charge of the affected area will then proceed to ascertain interests, determine areas and assess compensation for the land after which he is to issue an award. Step 3: Provision for compensation; section 8.(1) of Cap 288 allows for compensation as follows:- Where land is set apart under section 7 of this Act, full compensation shall be promptly paid by the Government to any resident of the area of land set apart who: under African customary law for the time being in force and applicable to the land has any right to occupy any part thereof; or Is otherwise than in common with all other residents of the land, in some other way prejudicially affected by the setting apart. A notice of setting apart published under section 7 of this Act shall also be published by displaying a copy at the District Commissioner's office and at some other public or conspicuous place in the area concerned. Under section 9(1), a person who claims to be entitled to compensation under section 8 of Cap 288 shall apply therefore to the District Commissioner once satisfied after consultation shall award the applicant a sum of compensation in accordance with subsection (3) of this section; and if he is not so satisfied the District Commissioner shall reject the application. The compensation to be awarded shall be assessed by the District

Commissioner after consultation with the Divisional Board, and shall be assessed in respect of the loss of the right of occupation referred to in paragraph (a), or in respect of the applicant having been otherwise prejudicially affected as referred to in paragraph (b), of section 8 (1) of the Act. The District
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Commissioner shall give notice in writing to the applicant of the award or of the rejection of the application as the case may be.

3.3.9 Way Leaves Act (Cap. 292) Way Leaves Act (Cap. 292) Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever provided it shall not interfere with any existing building or structures of an ongoing activity. Notice, however, will be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per the section. Finally section 8 states that any person without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alterations will be done at his/her costs. In accordance with the Act (section 4), notice will be given before carrying out works with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per this section.

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3.3.10 Registration of Titles Act, Cap 281 The Registration of Titles Act is an act of Parliament that provides for the transfer of land by registration of titles. When the Commissioner of land issues a letter of allotment to any person in respect of any land, one of the laws under which the title to that land is issued is the Registration of Titles Act. A freehold title issued under this act confers absolute control upon individuals or other legal entities upon a given parcel of land. It also confers upon them power to determine the use to which such land can be put. A leasehold title contains conditions such as the term of the lease, commencement date thereof, the user of the land etc. Private ownership of land is embodied in this Act.

3.3.11 The Land Adjudication Act, Cap 95 This Act provides for ascertainment of interests prior to land registrations under the Registered Land Act. The Proponent has undertaken a survey and commissioned this Resettlement Action Plan (RAP) study which complies with the provisions of the Act. Public consultations were also undertaken in the affected project area.

3.3.12 Valuation and Related Legal Issues The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap 280

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that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. This Act is triggered as the valuer and financial analyst of the consulting team have applied the requirements of these laws and other market indicators to come up with the RAP budget and the market rate or replacement cost of compensating the PAP.

3.3.13 The Penal Code, Cap 63 The Penal Code prohibits any person or institution from voluntarily corrupting or foiling water for public springs or reservoirs, rendering it less fit for its ordinary use. In addition, the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighborhood or those passing along public way commit an offence.

3.3.14 Legal Notice 40 (Building, Operation & Work of Engineering) Rules 1984 These rules require the contractor to ensure health, safety and welfare of employees and states. It further requires the main contractor to notify the chief inspector within 7 days of commencing or undertaking building operation or works of engineering. The rules require that walls of excavations deeper that 1.2m be reinforced with timber of suitable quality or with other suitable material to prevent so far as is reasonable practicable the danger or injury resulting from a fall or dislodgement of earthwork. The rules further require that a scaffold of good construction and suitable strength shall be made available for any construction site where working at height is to be undertaken.

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A first aid box shall also be provided and be distinctively marked FIRST AID and placed under the charge of a responsible person whose name shall be plainly indicated in a prominent place or near the box.

3.4 Overall Legal Compliance Statement The proponent being a government agency has taken cognizance of the applicable legal obligations pertaining to this proposed development by demonstrating full commitment to compliances with applicable laws and regulations applicable to the implementation of this proposed project.

3.4.1 Registration Applications for WRUA Most importantly, NIB has organised farmers in the proposed project areas into groups of Water Users Resource Associations (WRUA). Already, some of the groups have been granted registration by WRMA while rest of the applications are in the review process by WRMA and should be granted registration before end of Q3 2012.

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CHAPTER FOUR
4. DESCRIPTION OF PROPOSED PROJECT

4.1

Introduction

The proposed Lower Sio Irrigation development project will be located in the downstream flood-free areas of the basin in the four districts of Nambala, Busia, Samia and Butula. The proposed project will cover a net irrigable area of 6,090 ha in five areas as shown in table 3 below. There will be intake points for water abstraction and conveyance systems that will comprise both gravity and pumping system, in well laid out canals as well as construction of drainage infrastructure and rehabilitation of existing two dams in Samia and Butula districts respectively. Area 1 will be under gravity system while areas 2, 3, 4 and 5 will comprise a combination of pumping and gravity systems. The project will have three main intake points in Samia, Butula and Nambale. Locations maps of project areas are attached (Appendix 1).
Table 3: Proposed Areas and Water Abstraction Sources Area # 1 2 3 4 5 Area Name Namaderema Bulwama Busina Mundika Leigebu Nasimu Nasewa Nandu-Manya Abstraction River Namaderema River Sio River Sio River Sio River Munana River Intake Geo-position X Y 653048 42023 638379 638379 638379 620765 46761 46761 46761 29851

Source: Feasibility Study and Design Report, 2011

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Figure 8: Location Map of Project Areas

Source: Design Documents

River Sio falls in the Sio Catchment Area which has good water quality bearing aquifers suitable for domestic and irrigation purposes. The mean maximum flow according to gauging data from 1AH01 station is 71.12m3/day and 53.44 m3/month. The monthly maximum flow is highest at 53.44 m3/sec in April (wet month) and lowest at 16.03m3/sec in February (dry month). This discharge rate is considered sufficient for the bulk water supply proposed for the Lower Sio Irrigation Project. Once the proponent commissions the project, operation and maintenance of the irrigation infrastructure will be handed over to the WRUA. This is intended to ensure ownership by the local communities for long-term sustainability.

4.2

Pre-Construction Phase

This phase will entail mobilisation of plant, equipment and machinery to proposed project locations by the designated contractor and construction of temporary site structures such as washrooms, locker rooms and site offices.
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This phase will only commence after NEMA approves the proposed development and issues an ESIA License. 4.3 Construction Phase

4.3.1 Intake Structures The intake structures will comprise civil and mechanical works. This will involve construction of intake structures (i.e. diversion weir, intake chamber and sedimentation basin) and installation of pumping stations. A parshall flume will also be constructed at each intake point to facilitate direct measurement of flow rates and to determine abstraction volumes in line with WRMA permit requirements. Design drawings submitted as attachments in the consultants response letter to NEMA dated 20th July (ref: IA/NIB/ESIA/07-1) following concerns raised by Lake Victoria North Water Catchment Area Advisory Committee. 4.3.2 Main Canals and Pipelines The main canals will be a combination of pipelines and open channels. The total canal length will be approximately 44,701m made of galvanised iron pipes while the pipelines will have a total length of 32,203m made of uPVC. Water will be conveyed to the irrigation fields using secondary canals fitted with check structures and gates to regulate flow and prevent flooding. The total length of the secondary canal will be 180,710m. Plot bunds will also be constructed to prevent loss of water due to runoffs. 4.3.3 Drainages Excess irrigation water and storm water will be drained into the river. Standard culvert crossing with culvert rings will be adopted for the various crossing structures. The total length of the drainage system will be 285,405m.

4.4

Operation and Maintenance Phase

Upon completion of construction works, tests of water conveyance system will be undertaken to establish structural integrity of the canals and effectiveness
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of gravity and pipeline flow conditions. The irrigation project will then be commissioned and will be run on day-to-day basis by locals who already have organised into water users groups in the proposed project locations. These WRUA will be responsible for maintenance and repair of the intake structures and ancillary equipment. Operation phase will entail abstraction of water and supply to the various plots. Abstraction volumes from the rivers will be monitored to ensure compliance with the permit requirements in each location. 4.5 Demobilization Phase the proposed development will have a long-term lifespan,

Since

decommissioning has not been considered. On the other hand, demobilization of construction and temporary structures from project areas has been considered in this assessment. It will be undertaken in a safe manner and various disturbed ground/sites will be reinstated to their original conditions as far as practically possible. This will be achieved through backfilling and compacting disturbed grounds and planting of trees.

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CHAPTER FIVE
5. POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

5.1

Key Considerations

5.1.1 Scoping Scoping was undertaken at the initial ESIA project phase and re-validated during the ESIA study phase. The process was based on the AfDB Integrated Environmental and Social Impact Assessment Guidelines (2003) and the Guidelines for Environmental Assessment of Flood Control, Drainage and Irrigation Projects (WARPO, 2001). The scoping processes were accomplished using a rapid impact assessment checklist with seven main elements which were thereafter analysed and reclassified into in four basic groups: effects on physical environment, effects on biological environment, effects on the socio-economic environment and effects on quality of life values elements. The socio-economic environment and quality of life values have been covered as a separate chapter in this report (Chapter 6). Major sources of information in the scoping process included: existing reports and documents dealing with environmental issues and problems of project areas, including the environmental status report of Busia County, 2004; environmental data collected by socio-economic surveys and land surveys addressing resettlement issues; information collected through interviews of local community and their representatives during environment field investigations and socioeconomic CGD;

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information collected from government officials in various ministries through interviews, and formal/informal discussions during environmental field investigations and CGD;

information on faunal and floral assemblages collected from various reports prepared and observations during field visits/surveys;

5.2

Important Environmental Components

The following Important Environmental Components (IEC) which have been considered for this proposed project through the scoping processes include the physical environment, biological environment, human and economic development and quality of life aspects. In some instances, some of the IEC have been grouped to avoid repetition due to their similarities and/or if they are likely to be modified in similar way through interactions with various project activities. Therefore, this section provides an account of anticipated impacts associated with the proposed irrigation development activities in relation to interactions with the identified IEC.

5.3 Impact Identification and Assessment Matrix The IEC and their potential interaction with the major project activities have been presented in the table below for easy comparison and interpretation. The accruing benefits or positive impacts have been graded on scale range from +1 to +10, 0 for no impact while negative impacts have been scored from -1 to -10. Impacts were assessed both qualitatively and quantitatively wherever possible. In instances where it was deemed impractical to directly quantify a particular impact in terms of increase or decrease the impact was estimated. And for the purpose of ensuring logical estimation, positive and negative impacts were grouped into three different groups, as Low, Medium and High. The scale was set as follows: low ranges from 1 to 3, medium from 4 to 6 and high from 7 to 9. The threshold value of 10 was reserved for extremely high positive or negative impacts. Table 4 presents the assessment findings.

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Table 4: Impact Prediction and Assessment Matrix Planning & Construction & Environmental & SocioDesign Implementation Economic Effects 0 -9 Air 0 -6 Soils 0 -3 River Hydraulics 0 0 Flooding -7 -5 Physiography 0 0 Drainage 0 -7 Erosion and Siltation 0 -4 Salinisation 0 -5 Wetlands 0 -4 Groundwater 0 -4 Water pollution -7 -8 Terrestrial ecosystem 0 -5 Aquatic ecosystem 0 -6 Endangered species 0 -4 Migration Youth and Women 0 +4 Empowerment 0 +5 Employment 0 +4 Poverty 0 -6 Health and Safety 0 0 Education 0 -5 Infrastructure -2 -2 Land use 0 0 Power sources 0 -1 Agricultural land 0 -2 Agricultural productivity 0 -4 Fish farming 0 0 Water supply and Sanitation 0 -2 Water management 0 -9 Resettlement 0 0 Sites of Value Note: +1 to +10 (positive impact); 0 (no impact); -1 to -10 (negative impact) Operation & Maintenance 0 0 +7 +7 0 +8 +6 -5 0 -3 -6 0 -2 -2 -2 +7 +8 +6 +7 +4 +6 -2 0 -1 +9 -2 0 +8 0 0

Physical environment

Biological Environment Quality of Life Values

Human and Economic Development

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5.4

Impacts on Physical Environment

5.4.1 Air Quality Degradation During construction, handling and transportation of construction material, earth movement and excavation may cause dust, noise and air pollution. These will be short-term impacts and will cease with completion of the construction phase. Indeed, during dry weather, fugitive dust emissions as a result of mobilisation and construction activities are likely to be very high, a precursor to respiratory tract infections. Mitigation To mitigate these impacts, during transportation and storage of construction material will be minimized by covering materials and/or by keeping the surface wet. Work will be restricted to daytime reducing nuisance from noise. Vehicles will be regularly maintained to minimize exhaust emissions.

5.4.2 Increased Groundwater Recharge, Waterlogging and Soil Salinity During the operation phase, there is potential for increased groundwater recharge which would stem from the drainage seepage losses, poor on-farm water management practices and poor maintenance of canals occurring in the irrigation scheme. These may further lead to waterlogging and salinisation impacting the quality of river water and soil nutrient profile. This is considered a medium reversible impact. Mitigation To mitigate these impacts, there should be proper lining and covering of water conduits from dams to point of delivery as well as through drainages. This will improve water usage and at the same time reduce the risk of a rise in water table. On-farm water management and training should be provided to WRUA members who will manage the irrigation schemes.

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5.4.3 Water Pollution During the implementation phase there may be some river water pollution from the construction sites attributable to machinery and plant movement, servicing and repair activities. On the hand, during operation, return flows may introduce agrochemical residues into the river channels eventually degrading water quality. The quality of resultant water may become less fit for industrial and household use. This may lead to increased public health concerns related to waterborne diseases. In addition, polluted river water discharging into lake Victoria may adversely affect the ecology along the lake shore. This is considered medium impact with long term impact but which is reversible. Mitigation To mitigate these impacts, the following measures are should be undertaken by the proponent: Maintain all construction sites in a clean and safe condition and provide and maintain appropriate facilities for temporary storage of all wastes before transportation and disposal. Organize disposal of all wastes generated during construction in an environmentally acceptable manner. This shall include consideration of the nature and location of disposal sites, so as to cause least environmental impact. Take all precautionary measures when handling and storing fuels and lubricants, to avoid causing environmental pollution. This is to include establishment of contingency plans for clean up in the event of spillage. Separate drainage network be built which drain into a designated land area for saline water. In addition, the quality of irrigation water, downstream river water and wastewater in the drainage areas should be monitored through periodic sampling and testing in an accredited laboratory. Educate farmers on the use, dangers and handling of agrochemicals to prevent or minimise potential misuse.

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5.4.4 Soil Degradation The establishment of working areas, earthwork and storage of construction materials at the project sites may potentially cause damage to local vegetation and degrade the topsoil making it loose. Minor loss of vegetative cover may also occur during excavation of trenches for laying canals and drainage networks, although this will be done to avoid as much as practical the planted areas. During operation phase, degradation of soil quality would result mainly from improper use of fertilizers and pesticides intended to boost up agricultural production. In addition, the potential depletion of natural level of organic material and the nutrient content in the soil would occur in the operation phase. Mitigation As a mitigation measure, removed spoil should be temporarily stored in designated secure areas and later after completion of construction activities, be used to reinstate topsoil to its original condition. In areas of no topsoil, construction material will be stored directly on top but soon after the construction, such areas will be turfed and trees planted. To mitigate on soil quality degradation and depletion of nutrient levels, the proponent and other relevant government ministries such as Ministry of Agriculture should be co-opted to provide farmer extension training services.

5.4.5 Degradation of Wetlands There are several riverine wetlands in the proposed project areas which include streams, marshes, fish ponds and, seasonally flooded cultivated plains in the downstream. It is anticipated that limited local changes of these wetlands are likely to occur. Additionally, it is anticipated that the inundation depth in seasonal wetlands will decrease due to improved overall drainage. On the other hand, excavation of channels and canals will enlarge and preserve other water bodies, along with installation of water retention structures within

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the sub-project areas. Overall, loss of wetland areas is expected to be very limited, with no or small negative impact. Mitigation As a mitigation measure the irrigation infrastructure should be designed to ensure that construction works eschew as much as practically possible the ecologically sensitive wetlands.

5.4.6 Soil Erosion & Siltation The effects of excavation works for creating canals and drainages may result in soil erosion if not properly done. Loss of vegetative cover during construction may also result in loose surface soil which will be transported to the river channel causing sedimentation of reservoirs and intake structures. This will most likely lead to failure of irrigation schemes if the sediment load of the water supply is higher than the capacity of the irrigation canals to transport sediment. It will also lead to increased maintenance cost to de-silt the intakes and irrigation canals during operation. The increased sediment load may potentially lead to change in the river morphology which, together with the increased turbidity, will affect downstream ecology. Indeed, erosion was noted to be already taking place at various sections along the Sio river banks. It is anticipated that erosion attacks may occur in other sections in future. Siltation may occur as result of erosion of river banks, excavations and trenching for canals and drainage channels. Indeed, it was noted that the existing dams receiving flows from Namaderema river and Munana stream were heavily silted, an indication that siltation is likely to occur in the future. This potential impact is considered high as siltation may hamper the functioning of intake structures especially if the canal entrances to inlet structures silt up entirely.

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Mitigation To mitigate on this situation, the contractor will be required to fill up excavated trenches as soon as gravity pipes have been laid out and to ensure that strong barricades are used where significant opportunity exist for possible erosional activities. Additionally, proper drainage and silt exclusion facilities should be installed as designed for the protection of erosion prone work areas.

5.4.7 Hydrology and Hydraulics The proposed projects areas are locations with no or minor flooding challenges. In addition, the project design documents which have made provisions for flood control infrastructure in form of trapezoidal embankments are seen as a significant in-built design control. This will help in the re-distribution of flood waters during wet months of March to June. Moreover, the water regulation structures will be operated to control the duration of flooding for optimizing agricultural production and avoiding waterlogging. This design control feature will provide a better physical environment for socio-economic related activities and consequently lead to improved living conditions for downstream people. The positive impact is considered to be major.

5.4.8 Physiography The physiography of the project areas is not anticipated to be altered by the proposed project in any significant way, and in most areas the existing situation will be maintained. However, based on survey report, the proposed laying of canals, drainage and secondary canals network will lead to demolition of a few physical structures in built-up areas; namely, a school laboratory in Mundika, fence and gate structures in Ebusibwabo, permanent private buildings and community water wells in Matayos. On the main road from Ebusibwabo to Nambale centre, the canal points as designed will cross the road severally.

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Mitigation It is proposed that the design be re-evaluated with a view to ensuring proper canal re-alignment in order to eschew built-up physical and permanent structures as much as possible.

5.5

Impact on Biological Environment

5.5.1 Terrestrial Ecosystem The project areas do not have natural forests which the proposed development may encroach upon. The terrestrial flora present in project area is mainly composed of human introduced species grown around homesteads, sugarcane and banana plantations and along roadsides and some affected homesteads where indigenous species of trees have grown. There are few known wild animals present in the project area but which are nocturnal. fauna. Mitigation After commissioning of the project, trees should be planted for protection of embankments and along areas where indigenous trees will be uprooted which will improve the terrestrial habitat to a great degree. During construction phase disturbances and noise from construction works may have a slight negative impact on the remaining, sparse

5.5.2 Aquatic Ecosystem Irrigations dams create lower temperature and dissolved oxygen content in water down-gradient from the dam. The presence of dams will disrupt the natural processes of aeration associated with movement of river water. Because of controlled flow due to diversion weirs the water will move more slowly downstream, thus making it more difficult for available oxygen to be present in the water. This could have a minor negative impact on the aquatic ecosystem downstream. In addition, construction works for intake structures

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may force the fish population to migrate. However, the potential disturbances will be temporary hence the resulting negative impact is considered minor and short term. Mitigation To mitigate this impact on aquatic habitat disturbance, water retention structures with suitable gates should be constructed so as to expand water body areas and create enlarged habitats. This will ensure that there is no possible blocking effect to potential fish migration. 5.5.3 Endangered Species Disturbances during construction may have a temporary effect on the endangered Labeo species. However, no permanent negative impact is foreseen upon completion of the water intake works.

5.6 Impact on Occupational Health and Safety During construction of the intakes and installations of the pipelines, there are risks and hazards associated with drowning, falling from high ground and collapse of construction structures due to soft riverbeds. These risks and/or hazards account for significant negative impact but which are short term. Impact Mitigation To ensure the construction works are carried out safely, the appointed contractor will be required to demonstrate compliance by showing written safety policy and safe work procedures, risk insurance cover for subcontractors and to adhere to all relevant regulations applicable to construction works. There are also fundamental OHS requirements that the contractor in liaison with proponent will need to give priority during construction and commissioning phases. These include provision and use of appropriate personal protective equipment to all sub-contractors and establishment of emergency protocols.

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These emergency protocols must be effectively communicated to all workers in the project sites, as well as the need to conduct pre-start job safety toolbox meetings to review works to be done and precautionary safety measures to be implemented in ensuring safe completion of daily tasks. The contractor will also be required to designate Project HSE Officer to be onsite throughout the implementation cycle to monitor and enforce compliance with HSE measures.

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CHAPTER SIX
6. SOCIO-ECONOMIC IMPACTS OF THE PROPOSED PROJECT

6.1

Impact on Human and Economic Development

6.1.1 Displacement of People The proposed project will lead to disruptions such as displacement of some people occupying land in areas where sections of main and secondary canals will be laid. This will cause negative social impacts in terms of resettlement and restoration of affected households. Detailed surveying and profiling of the delineated parcels of land for canal way leave acquisition and affected families have been undertaken and included in the Valuation Report (appendix 3). Through the RAP and land valuation processes, PAPs have been identified as well as verification of their land titles. The proponent has indeed commenced compensation for PAPs as can be noted from attached memo and minutes (Appendix 2).

6.1.2 Fish Farming The proposed project is likely to impact the small-scale fish farmers who have created fish ponds around or adjacent to the proposed intake points and generally in the areas to proposed to be under irrigation especially in Samia District. This is likely to result in medium significant impact as there is potential for the fish farmers to convert to the more productive irrigated agricultural farming.

6.1.3 Agricultural land Agricultural land is anticipated to improve in the proposed project areas due to irrigation and proper drainage infrastructure thereby contributing to protection against floods. The proposed secondary and tertiary canals will prevent the loss of land due to river erosion. However, during the implementation phase, small parts of agricultural land may be needed for storage of construction material,
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earth works, other working space etc. These activities will have an only short term and small negative impact. Overall, the negative impact on agricultural land is deemed very insignificant.

6.1.4 Water Management and Irrigation Practices During the construction phase, downstream users of water may have interrupted supply as result of construction works for embankments, canals, and intake structures. Primarily, this would suffice because sections of affected rivers would be blocked. There should be careful planning at design stage and actual implementation to ensure that such blockages are only temporarily undertaken. The overall impact is considered as minor.

6.1.5 Domestic Water Supply Domestic water supply in Busia Township is abstracted from river Sio while in Samia is abstracted from river Munana. The rural areas are largely dependent on borehole water and springs for domestic water needs. The existing domestic supply will be largely unaffected by irrigation water requirements based on the feasibility assessment and analysis of flow reliability of Sio river conducted by the consultants. The overall impact is considered to be insignificant.

6.1.6 Infrastructure Facilities As result of the proposed project, roads will either be rehabilitated or upgraded improving the road networks in the project areas. This will open up the area and enhance access to market areas. Overall, this will contribute a positive impact. During construction the existing infrastructure facilities will not be negatively impacted to any significant proportion.

6.1.7 Agricultural Productivity The proposed project will result in increased irrigated land area in the project areas thereby counteracting the potential negative impact due to the loss of land used for construction works as discussed above. Major improvement is anticipated in agricultural productivity of the remaining land areas. The

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proposed project will have a very positive impact on agricultural productivity with a cropping intensity increase of over 100% with better yields and outputs.

6.2

Quality of Life Values

6.2.1 Income and Poverty The proposed project is anticipated to benefit all strata of the population by increasing agricultural production, alleviating poverty and income generation possibilities through sale of produce and on-farm employment. Increased agricultural production and project construction works will create employment opportunities especially for the youth and women. In order to maximize these benefits, construction contractors should be required to recruit manual workers from local communities in the project areas.

6.2.2 Education and Health An organized framework for undertaking irrigated agriculture such as proposed will result in an overall increase in household income. With an improved financial situation, local people in the project areas will be encouraged to send their children to school on a more regular and prolonged basis, having a substantial positive impact on education. Through better water management infrastructure, the living conditions of local communities will improve, especially with respect to health and nutritional status of people. This will ensure beneficial impact to the community.

6.2.3 Migration & HIV/AIDS The proposed project will lead to immigration of people from outside the local areas in search of employment opportunities both during construction and operational phases. This increase of people in the project areas may lead to population pressure and occasion increased incidences of sexually transmitted diseases which may exacerbate HIV/AIDS situation among the local communities. However, with entrenched HIV/AIDS advocacy programmes and awareness programmes in Busia County, it is expected that new infection rates will be prevented through behavior change and modification initiatives
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undertaken by the various NGOs and government agencies in the project districts. The overall impact is considered low.

6.3

Properties within the Way Leave

The photos below highlight some property that will be impacted by the project. Loss of agricultural land, crops and trees by farmers account for 83% of the losses, followed by possible demolition of structures of both permanent and temporary nature e.g. school laboratory, toilets and church buildings among others accounting for 15% while loss of businesses for those operating in the market centers account for 1.5%.

Plate 1: Affected buildings: business premises and a permanent house at Muramba.

Plate 2: Affected sugarcane plantation and pole size eucalyptus trees Ebusibwabo, Matayos.

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Plate 3: Affected banana plants and mature indigenous trees in Bukhayo Central Location.

Plate 4: Affected mud walled houses with iron sheet and grass thatched roofs in Butula, Samia.

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Plate 5: Affected water wells in Siribo and Butula

Plate 6: Affected toilets at Siribo Primary School, Mundika and grass thatched toilet.

Plate 7: Affected permanent house and church in Lwanyange, Nambale District.

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Plate 8: Affected brick house in construction at Buluma, Namaderema and permanent house in Malanga.

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CHAPTER SEVEN
7. PROJECT ALTERNATIVES

7.1

Introduction

Various alternatives were considered, both from conceptual level, with direct reference to recommendations of Vision 2030, the National Water Master Plan of 1982 and the technological and engineering requirements for irrigated agriculture. More emphasis was placed on the practical and sustainable aspects of the alternatives leading to only three (3) main options. These are: No project Option Groundwater Abstraction Option River Water Abstraction Option

7.2

Analysis of Alternatives

7.2.1 No Project Option The No Project Option in respect to the proposed project would mean that the status quo is maintained where there is not irrigated agriculture in the project areas. This No Project Option may be considered suitable from an extreme environmental perspective as it guarantees virtually non-interference with the existing conditions and status of the various IECs in the project areas. However, this option is not consistent with the governments strategic vision of promoting irrigation development in the 9th National Development Plan (20022008). Indeed, the governments Vision 2030 proposes to develop 32,000 ha every year as part of achieving food self sufficiency, alleviation of poverty and stimulation of economic development. Lower Sio falls in the category of schemes that are earmarked by the proponent for the development of irrigation schemes in fulfilment of the governments vision.

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As a result, the No Project Option is not preferred from the socio-economic and moral perspectives. The socio-economic status of the local people in these areas would remain significantly unchanged characterized by food insecurity, increased incidences of water borne diseases and poverty in these locations.

7.2.2 Groundwater Abstraction Option Groundwater abstraction through sinking of multiple wells was considered as an option and evaluated for its simplicity in installation and maintenance. Although the hydro-geological data reviewed shows year-to-year aquifer recharge capacity is sufficient in some of the project areas, localized groundwater drawdown has been observed in some wells in the project areas during the dry season. Such a phenomenon would negatively impact on irrigation during dry season. The other issues considered in evaluating this option is also the potential of ground subsidence from over-exploitation of groundwater and raised water table which would weaken the topsoil occasioning massive erosion effect. In addition, since some areas experience seasonal flooding making surface water abundant, groundwater abstraction option does not provide an infrastructure for harnessing such flood waters for irrigation purposes. These factors negate groundwater abstraction as a practical and viable option.

7.2.3 River Water Abstraction Option Irrigation development through river water abstraction enhances utilisation of abundant surface water to ensure year round water supply. Development of water intakes, conveyance infrastructure and drainage with flood control systems mean that irrigated agriculture through this mode of water abstraction optimises benefits and efficiencies that would meet the overall objectives of large scale agriculture. These benefits counterbalance the initial huge investment costs and moderate to high environmental impacts associated with irrigated agriculture. It is also important to note that the flow and distribution of water will involve a combination of gravity and pumping systems hence contribute to reduction of the environmental impact associated with use of fossil fuel or electricity in pumping activities.
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CHAPTER EIGHT
8. PUBLIC CONSULTATIONS AND PARTICIPATION

8.1

Objectives of Consultations

The objectives of the consultations were to two-fold; firstly, was to solicit the local peoples views and ideas regarding the proposed project in relation to their developmental needs, constraints in achieving food self sufficiency, perceptions on giving up land vis--vis perceived benefits, and possible opportunities to resolving these gaps through irrigated agriculture. Secondly, was to directly engage various stakeholders and to enable the proponent make disclosures on the Resettlement Action Plan report, environment impacts and mitigation measures captured in the initial ESIA report and pay out criteria for disbursement of compensation packages to PAPs. The overall intention of the stakeholder consultation in this study phase was to gain maximum buy-in and ensure stakeholders did not have any outstanding bottlenecks about the proposed project.

8.2 Stakeholder Consultation Process Consultation with various stakeholders was both extensive in the planning and scoping phases during the initial ESIA project. A total of five consultative meetings were held with local communities. Questionnaire surveys mainly on environmental and socio-economic issues were conducted and outputs appended to this report (Appendix 2). Socio-economic issues were discussed through FGD and Consultation meetings and the outcome issues discussed exhaustively in a separate SIA and Canal Way Leave Acquisition Report appended herein (Appendix 3). The consultation process involved locals, WRUA members, District commissioners, local chiefs, DIO, DEO and local councilors. Table 5 provides an overview of the initial public consultation activities.

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8.2.1 Phase 1 Stakeholder Consultations This phase of consultation process included consultative meetings with district level administration leaders (District Commissioner and other key officers) and officials of various ministries, namely, MWI and MENR and consolidated the key issues for the subsequent consultations and environmental scoping. This phase included PRA and FGD approaches in each of the five project areas. The sessions were attended by WRUA members, ministry officials, local elected leaders (councilors), local chiefs and village elders.
Table 5: Consultation Activities Dates Phase 1 8 Feb 2012
th

Consultation Process

Consulting Groups

No. of Participants 5

Consultation meeting

DC Busia/Samia/Nambale Human Resources Manager (Butula DCs Office) DIO Busia/Butula/Nambale DIO Samia DEO - Busia

9 Feb 2012 10 Feb 2012 15 -17 Feb 2012 28 Feb 2012


th th th th

th

Scoping for Environmental Impacts & other key issues Scoping for Environmental Impacts & other key issues Stakeholder consultations meetings Consultation Meeting

DIO Busia/Butula/Nambale, Locals at Proposed Intake Points DEO - Busia Locals at Proposed Intake Points Local leaders, members of WURAs & local government officers WRMA Officer Kakamega District WRMA Officer Kakamega District In-charge

10 8 139 2

LVNWB Asset Manager 14 May 2012


th

Consultation Meeting

In-charge

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8.2.2 Phase 2 Stakeholder Consultations The second phase of public/stakeholder consultations were undertaken by the proponents team of officials and involved local government officials and representatives of the environmental experts. The consultative meetings took place in Samia, Nambale and Busia districts on diverse dates. During these sessions RAP report, compensation procedures and environmental issues were satisfactorily addressed to the comfort of PAPs. Minutes of the meetings are attached (Appendix 2).

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CHAPTER NINE
9. PROJECT BUDGET The implementation of the proposed project will be undertaken in phases due to the huge investment costs involved. The cost estimates are summarised in the tables shown below.
Table 6: Summary of Investment Costs Areas 1 2 3 4 5 Description Total capital/investment cost Total capital/investment cost Total capital/investment cost Total capital/investment cost Total capital/investment cost Preliminaries and general Day works Amount (KES) 520,832,129.00 1,394,076,967.00 519,948,087.00 394,618,901.00 279,362,575.00 142,402,500.00 3,326,600.00

Grand Totals 3,254,567,759.00 Source: Feasibility Study & Design Report, 2011

Table 7: Cost Estimates for Phase I Areas 1 2 5 Description Total capital/investment cost Total capital/investment cost Total capital/investment cost Preliminaries and general Day works Amount (KES) 196,840,694.00 579,514,295.00 279,362,575.00 69,387,500.00 1,663,300.00

Grand Totals 1,126,768,364.00 Source: Feasibility Study & Design Report, 2011

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Table 8: Cost Estimates for Phase II Areas 1 2 3 4 Description Total capital/investment cost Total capital/investment cost Total capital/investment cost Total capital/investment cost Preliminaries and general Day works Amount (KES) 323,991,435.00 814,562,672.00 519,948,087.00 394,618,901.00 73,015,000.00 1,663,300.00

Grand Totals 2,127,799,395.00 Source: Feasibility Study & Design Report, 2011

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CHAPTER TEN
10. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN The environmental and social management plan (ESMP) helps to predict unforeseen environmental and socio-economic impacts and allows measures to prevent or avert adverse impacts to be developed or introduced in a timely manner. The ESMP also assigns action responsibilities to various actors and timeframes within which mitigation measures and monitoring should be done. The result of this ESIA study has indicated that all potential negative impacts identified are mainly short-term with a few long-term ones which can be safely mitigated with the right intervention measures. Most of the envisaged negative impacts can only cause damage to the physical environment and/or human health only if prescribed mitigation measures are not implemented as contained in this ESIA study report. The overall direct and indirect potential positive impacts outweigh the potential negative impacts after mitigation is considered. To address those potential negative environmental impacts, the ESIA study team has developed a comprehensive environmental and social management and monitoring plan that will ensure environmentally sustainable practices are deployed throughout the phases of this proposed irrigation development. The ESMP has been split to address each of the project phases, namely, Planning, Construction & Demobilisation and Operation & Maintenance.

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Table 9: Environmental and Social Management Plan Possible Impact a. Air Pollution Mitigation Planning & Design Responsibility Mitigation - Construction & Demobilization Spray water on dry murram road surfaces to prevent fugitive dust emissions during dry weather Regularly service and maintain vehicles and mobile plants/machinery Carry out turfing of top soil and plantation of trees immediately completion of civil works and demobilization Responsibility Mitigation Operation & Maintenance Responsibility Mitigation Cost (KES) 500,000.00

Contractor

b.

Soil quality degradation

Implement measures at the design stage that will ensure canals and conveyance pipelines are sited in areas that limit soil quality degradation

NIB & Design Consultants

Contractor

c.

Drainage & Irrigation

d.

River erosion and Siltation

Establish salinity monitoring regime to be used in the project Design of intake structures to integrate alignment with river bank protection requirements

WRMA

Undertake civil works during the dry weather season Carry out monitoring of civil works and enforce design standards Plant vegetation on disturbed grounds

Contractor & NIB

NIB & Design Consultants

NIB & Contractor

Conduct periodic soil quality testing. Conduct periodic training on soil and fertilizer management trainings to the farmers Use organic manure more frequently. Limit reliance on agro-chemical fertilizers Conduct periodic water quality monitoring to determine salinity status Conduct periodic monitoring of morphological changes

WRUA NIB

600,000.00

WRUA

WRMA / WRUA

250,000.00

WRMA/NIB

300,000.00

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Possible Impact e. Degradation of wetlands

Mitigation Planning & Design Carry out survey to ensure design of canals and pipelines by-pass wetlands Design planning should ensure that consideration is provided that prevents impediments to natural drainage

Responsibility

Mitigation - Construction & Demobilization Ensure that construction works bypass wetlands

Responsibility

Design Consultants

Contractor

Mitigation Operation & Maintenance Carry out periodic monitoring of any changes in wetlands Conduct quarterly monitoring of water quality Carry out monitoring of pesticide and fertilizer in the farms Conduct on-farm farmer training and extension services. Conduct periodic monitoring and inspections of fish passes and operability status of intake structures

Responsibility

Mitigation Cost (KES) 100,000.00

NEMA

f.

Water pollution due to construction activities and use of agrochemicals

Design Consultants

g.

Blocked or restricted access to fish migration

h.

Disruption of flora, fauna, physical structures

Location selection of the intake structures to factor migratory patterns of Labeo fish species Design fish friendly structures and incorporate views of stakeholders Realign design of canals and pipelines to eschew built up physical structures.

Design Consultants

Ensure there is proper construction and installation of intake structures as per design specifications Practice integrated pest management (IPM) to reduce over-reliance on agro-chemicals Maintain uninterrupted water courses as much as practicable in all the construction sites Ensure there is proper maintenance of fish passes and regulators at the intake points

Contractor & NIB

WRUA

400,000.00

WRUA & Farmers

MOA

650,000.00

Contractor

WRUA/Fisheries Dept.

400,000.00

Design Consultants

Confirm sites and locations in order to avoid areas of existing vegetation and ensure correct interpretation of and adherence to design drawings

Contractors

Undertake tree planting after completion of construction works

Contractor

650,000

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Possible Impact i. Land acquisition and resettlement

Mitigation Planning & Design Minimize need for land acquisition by designing canals and pipelines to pass on road reserves as much as possible Identify affected groups likely to lose land, consult and incorporate their views Prepare and implement an appropriate compensation package Design in order to minimize disruption to existing agricultural activities and land uses through proper site selection

Responsibility

Mitigation - Construction & Demobilization Execute compensation payments to all identified affected persons before commencement of construction activities

Responsibility

Mitigation Operation & Maintenance

Responsibility

Mitigation Cost (KES) 84,671,896.40

NIB, Design Consultants NIB, ESIA Consultants

NIB

j.

Disruption of agricultural activities

NIB & Design Consultants

k.

Transmission of diseases among workers and local communities

Reinstate affected land areas after construction Provide compensation where temporary disruptions of subsistence farming takes places that may not necessary require resettlement. Provide adequate sanitation facilities for site workers Designate proper waste isolation and collection points

Contractor NIB

Provide agricultural extension training to farmers and periodic monitoring of agricultural production

Ministry of Agriculture

Already covered

Contractor

Sensitize workers and local communities on implications of HIV/AIDS and safe sex practices

350,000.00

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Possible Impact l. Safety of workers

Mitigation Planning & Design

Responsibility

Mitigation - Construction & Demobilization Develop and communicate site safe work procedures and emergency procedures/protocols Designate HSE Officer to be in-charge of enforcing site compliance with HSE Requirements and Rules Provide construction plants and equipment that are mechanically sound and without patent defects Provide adequately stocked first aid kits and at least one trained first aider per site.

Responsibility

Mitigation Operation & Maintenance

Responsibility

Mitigation Cost (KES) 350,000.00

Contractor

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CHAPTER ELEVEN
11. CONCLUSIONS AND RECOMMENDATIONS The objective of the proposed project is to provide an infrastructure for irrigated agriculture thereby improving food production in the project areas. Through this project the local community will obtain employment opportunities that will contribute to the socio-economic development of the project areas covering Butula, Samia, Busia and Nambale districts. The proposed project will also consolidate the participatory institutions (WRUA) that will operate and maintain developed irrigation and water management structures in a sustainable manner so that long term benefits of irrigated agriculture can be optimized and sustained. With the above factors, socio-economic development and overall standards of living will increase in the project areas. Endemic poverty in most project areas will be reduced due to imminent job opportunities that will be created, especially for the youth and women. Additionally, agricultural production hence food self sufficiency will increase due to implementation of water resources infrastructure, improved drainage and on-farm development. Incomes from agriculture will rise, having a spin-off effect on other sectors. Nevertheless, implementing identified environmental and social management activities including monitoring of impacts and mitigation measures is considered critical in order to minimize negative environmental impacts and maximize positive impacts. The established ESMP should be integrated with contract documents to ensure that the principal contractor and WRUA are accountable for their implementation during construction and operation respectively. It is important to note that critical issues of identification of PAPs with a clear outline of compensation package commensurate with loss have been established and is being proactively rolled out by the proponent. These include

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making

compensation

pay-outs

to

PAPs

besides

on-going

stakeholder

consultations between PAPs and proponents representatives. The ESIA experts believe the approach adopted by the proponent is a proactive one and shall effectively contribute towards positive management of the socioeconomic aspects of the proposed project. As a consequence of such initiative by the proponent, the consultants believe that acceptance of the project has been gained and future sustainability is guaranteed. It is therefore recommended that the ESIA Study Report be expeditiously reviewed and approval granted by the Authority for timely implementation of the proposed project.

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REFERENCES
1. Water Resources Planning Organization (WARPO), 2001. Guidelines for environmental assessment of flood control, drainage and irrigation projects. 2. Jaetzold, R., and Schmidt, H. 1983. Farm management handbook of Kenya. Atlas of the agro-ecological zones of Kenya. Ministry of Agriculture in cooperation with German Agency of Technical Cooperation. Nairobi, Kenya. 3. Ministry of Finance. 2002. The Ninth National Development Plan (20022008). 4. Ministry of Water Development. 1992. The Study on the National Water Master Plan. Prepared with the assistance of Japan International Cooperation Agency (JICA). 5. Ministry of Water Development. Undated. Ground water resources of Kenya (Reconnaissance study). Master Planning Section. 6. Ministry of Water Resource Management and Development. 2003. Draft Irrigation Strategic Plan 2003-2008. Irrigation and Drainage Branch. 7. Ministry of Water Resource Management and Development. Undated. Guidelines for the development, operation and management of smallholder farmer-managed schemes. Irrigation and Drainage Branch. 8. Bhundia Associates. 2011. Feasibility study to Identify Irrigation Investments in the Lower Sio Basin, Detailed Design and Preparation Tender Documents Report. 9. Dougherty, T.C., Hall, A.W. and Wallingford, H.R. 1995. Environmental impact assessment of irrigation and drainage projects. Irrigation and Drainage Paper 53, Food and Agriculture Organization of the United Nations, Rome.

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APPENDICES

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Appendix 1: Location Maps

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Appendix 2: Minutes of Stakeholder Consultation Meetings Phase 2

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Appendix 3: Valuation Report

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Appendix 4: Stakeholder Meeting & Proceedings, Questionnaires & Attendance Records Phase 1

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Appendix 5: River Sio Discharge & Water Quality Records

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