UTILIZATION  GUIDELINES  OF  WATER RESOURCES

(The Regulation of Minister of Public Works Number  06/PRT/M/2011,  28  March 2011)

BY THE GRACE OF ONE ANQ...ALMIGHTY GOD THE MINISTER  OF PUBLIC WORKS

REPUBLIC OF INDONESIA,

Gazette of Republic of Indonesia Year 2007 Number 82);

3. Government Regulation of Republic of Indonesia Number 42  Year 2008 (BN No. 7720 page 21B-

Considering:                                                                           

24B  and  so  on)  Water Resources Management That to  implement  the  regulation in Article 62           (State  Gazette   of   Republic   of Indonesia  Year paragraph  (3)  and  Article  73  paragraph  (4) of Gov-          2008  Number  82,  Supplementary  State Gazette

ernment Regulation of  Republic  of Indonesia Number                   of  Republic of Indonesia Number  4858);

42  Year 2008 concerning  Water Resources Manage- 4. President Regulation   of   Republic   of   Indonesia ment,  it  is necessary  to  stipulate  Regulation of Min-                          Number  47  Year 2009 concerning Formation and ister  of  Public  Works Utilization Guidelines  of Water           organization  of  State Ministry;

Resources;                                                                       5.   President   Regulation   of   Republic of  Indonesia Number  24  Year  2010 concerning Positions, Du-

In view of:                                                                              ties, and Functions of  State Ministry  As Well As

1. Government  Regulation of  Republic of Indonesia                  the  Order  of  Organization, Duties, and Functions

. Number  6  Year  2006  (BN No.  7360  page 11 B-                  of  Echelon I of  State Ministry;

14B and so on) concerning  State/Regional Prop- 6.   Decree  of   President  of   Republic   of  Indonesia   erty  Management  (State  Gazette  of Republic of                        Number  84/P  Year 2009;

Indonesia  Year  2006 Number  20,  Supplementary 7.   Regulation  of  Minister  of  Public.works  Number State  Gazette  of  Republic  of Indonesia Number                 21/PRT/M/2006   (BN   No.   7445  page  88-12B) 4609);                                                                       concerning   National   Policy    and   Strategy   for

1. Government  Regulation of Republic  of Indonesia                  Waste  Management System Development; Number  38  Year  2008  (BN  No.  7671 page 68-             8.    Regulation  of  Minister  of  Public Works Number 1OB)  concerning  Amendment Upon Government        22/PRT /M2006  concerning Pacification and Rein- Regulation   Number   6   Year   2006  concerning          forcement  of  Rights to  Land of  Ministry of Public State/Regional  Property  Management (State Ga-         Works;

20                                                                    Business  News 8178-8179111-9·2011

1. Regulation of Minister of Domestic Affairs Num­ ber 17 Year 2007 concerning Technical Guide- lines for Regional Property Management;
   1. Regulation of Minister of Finance Number 96/ PMK.06/2007 (BN No 7580 page 28-48} con- cerning Implementation Procedures for Usage, Utilization, Abolition and Transfer of Ownership of State Property;
      1. Regulation of Minister of Public Works Number 16/PRT/M2008 concerning National Policy and Strategy of Settlement Wastewater Treatment System Development;
      2. Regulation of State Minister of Environment Num- ber 12 Year 2009 concerning Rainwater Utiliza- tion;
         1. Regulation of Minister of Public Works Number 08/PRT /M/2010 concerning Organization and Procedures  of  Ministry  of Public Works;
         2. Keputusan Menteri Kelautan dan Perikanan Re­ publik Indonesia Nomor Kep 02/Men/2007 ten-  tang Cara Budidaya  lkan Yang Baik;

Article 1

In this minister regulation there are definitions as follows:

1. Water resources are water, water sources, and water  power  it bears.
2. Surface water is all the water on ground surface.

1. Source of surface water is natural place or con­ tainer of water and/or artificial at or on ground surface.
   1. Water power is potential contained in the water and/or water source that can give benefits as well as loss for human life and livelihood as well as their environment.
   2. The usage of water resources is utilization of wa­ ter resources and its facilities as media and/or materials.
      1. Water pollution is inserting it with or inserted.it into living things, substance, energy, and or other components by human activities that exceeds de­ cided water quality standard up to certain level that cause the water not to be able to function as its designation.

D E C I D E S :                                     7.   Wastewater is reminder of an effort and/or activi- ties in liquid form.

To stipulate:                                                                      8.   Domestic wastewater is wastewater comes from REGULATION  OF MINISTER  OF PUBLIC WORKS                        water usage for non-industrial daily life.

CONCERNING USAGE GUIDELINES FOR WATER RE-               9.    Wastewater  recycling  is  effort  to process waste- SOURCES.                                                                    water   from   households,   user   group   in   huge

CHAPTER I GENERAL PROVISIONS

amount, hotels, hospitals, industries, and other usage of water so that can be reused according to needs.

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1. Repeated water usage is used water utilization for  other activities.
2. User is individual, water user society group, so­ cial agency, business actors, or business entity that use water resources in  the  form of  usage of water resources and its facilities as medium, usage of water and water power as material, us­ age of water as media, or usage of water, water sources, and/or water power as medium and ma­ terial.
   1. Water resources management is institution grant­ ed with authority  to  implement  the  management of  water resources.
   2. Institution granted with authority to implement water resources management is technical imple­ mentation  unit  of water  resources  management in central and regional level, State-Owned En­ terprises (BUMN) and Region-Owned Enterprises (BUMD) in the field of water resources manage­ ment.
   3. Water resources management is effort in plan­ ning, implementing, monitoring, and evaluating the organization of water resources conservation, water resources utilization, and destructive water control.
      1. Raw water is water taken from surf ce water source to suffice many needs.
      2. Drinking water supply system, next mentioned as SPAM (system penyediaan air minum), is a physi­ cal  system  unit  (technique)   and  nonphysical of

drinking water infrastructure and facilities.

1. Office (Dinas) is governmental organization in provincial or municipal/regency level that has scope of particular duties and responsibilities in the field of water resources.
   1. Regional government is governor, regent/mayor, and regional apparatus as elements of regional government organization.
      1. Central government, next mentioned as Govern­ ment, is the President of Republic of Indonesia who holds administration power of the Unitary State of Republic of Indonesia (NKRI) as intended in the 1945 Constitution of Republic of Indone­ sia.
         1. Minister is the Minister of Public Works.

1. Related instances with water resources usage are government ministerial and non-ministerial insti­ tutions related to water resources usage that in­ volves water resources usage for sports, tourism, agriculture, fisheries, industry, water transporta­ tion, and environment.

Article 2

Water resources and its infrastructure usage is done base on the principles of:

1. usage saving;

1. order and justice;

1. correct usage;

1. usage sustainability; and

1. usage that support each other between surface water and ground water by prioritizing the usage

ot sutfa.ce watet.

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Article 3

(1)  This minister regulation is intended as reference for water resources usage for:

1. water resources administrator in central, pro­ vincial, regency/municipality, and village lev- el;
   1. institutions with duties for research and devel- opment related to water resources.
   2. educational institutions; and

1. other  water  resources users.

(2)  This minister regulation is intended to provide di- rection in:

1. water  resources usage;

1. technology development for water resources usage;
2. arrangement of licensing technical recom- mendation  for  water  resources usage; and
3. arrangement of regional regulation to materi- alize five usage principles as meant in Article 2.

(3)  The scope of this minister regulation includes sur-

face water resources usage in the form of:

1. water resources and the infrastructure usage as media;
   1. water  and water power  usage  as material;

a.   water sources usage as media;

1. water, water sources, and/or water power us- age as media and materials;  and
2. water resources usage in the state of emer­ gency  and immediate needs.

CHAPTER II WATER RESOURCES AND

ITS INFRASTRUCTURE AS MEDIA

First Part General Article 4

(1 l Water resources and its infrastructure usage as media as meant in Article 3 paragraph (3) point  a is intended to utilize water, water source, and water power as one unit along with its infrastruc- ture without reducing water amount at its source.

(2)          Water resources and its infrastructure usage as media as meant at paragraph (1 l can be in the form of usage for powerhouse, transportation, sports, tourism, and aquaculture at the water source.

(3)          Water resources and its infrastructure usage as media as meant at paragraph  (1 l is implemented by observing the principles of usage saving, order and justice, correct usage,  as well as sustainabil­ ity  of  water resources usage.

(4)           Government, regional government, and water re­ sources administrators carry out early education, training, and community assistance for the imple­ mentation of water resources and its infrastruc­ ture usage as media as meant at paragraph (1) and paragraph (3).

(5)           Government, regional government, water re­ sources administrators, and business actors are obliged to  socialize  and/or  to  campaign to public

for the implementation of:

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1. water resources and  its  infrastructure  usage as media; and
2. technology for water resources usage, includ­ ing technology for good  Aquaculture (Cara Budi Daya lkan/CBIB)  to society.

(6)           CBIB as meant at paragraph (5)  point  b  is  the way to keep and/or  to  raise fish  and to  harvest the result in controlled environment that it will provide guarantee for food security from  cultiva­ tion by observing sanitation, feed,  fish  medica­ tion, chemicals, and biological  materials,  as  well as  environmental  carrying capacity.

(7)           Socialization and/or campaign for water  resourc­ es and its infrastructure usage as media as meant at paragraph (5) is done through counseling, print media,  and/or  electronic media.

Second Part Usage Saving Article  5

Saving of water resources and its infrastruc­ ture usage  as media as meant  in  Article  4 paragraph

(3) is materialized in the usage that in accordance to minimum needs.

Third Part.

Order and Justice Article 6

(1)          Order and justice in water resources and its infra­ structure  usage  as  media  as  meant  at  Article 4

paragraph  (3) is materia.l\ted O''f.

1. water resources administrator through:

1. arrangement of water resources utilization zone;
2. installation of information and/or prohibi­ tion board;
3. access provision for water user  to fulfill daily  basic necessities;
4. access allocation for the society to  use or  to enjoy water sources as public space in accordance t.o decided zone;
   1. Prevention  of  licensing duplication;

1. requirements demand of licensing  techni­ cal  recommendation  consistently; and
2. suggestion submit of reconsideration upon license that is not implemented in accor­ dance to the provisions stated on the Ii- cense.
3. users through:

1. compliance towards the provisions of wa­ ter resources zone utilization;
   1. access provision for water user to  fulfill daily basic  necessities; and
   2. access provision for the society to use and/or to enjoy water sources as public space.

(2)          decision on water .resources zone utilization as meant at paragraph (1) point a.1. is done by Min­ ister, governor, regent/mayor in accordance to their resp ctive.authority  and responsibiliW.

(3)          

Arrangement  of  water  .resources  zone utilization

.;.                    '           '                  '

as meant at paragraph  (1) point a.1. can be in the

24 I                                                                                                                                                                                                            Business  News 8178-8179! 11-9-2011

form of arrangement of reservoir utilization zone described on example 3.1. of Attachment as in­ separable part of this minister regulation.

(4)           Information and/or prohibition board as meant at paragraph ( 1)  point a.2. can consist .of:

1. information of reservoir utilization  zone,  can  be in the form  of danger zone,  sanctuary zone, tourism zone,  and enterprise  zone; and
   1. direction to garbage dump site.

(5)           Access provision for society to use and/or to  en­ joy water sources as public space as meant at paragraph (1) point b.3. can be implemented by b.usiness actors described at example 3.2. of the Attachment as inseparable part of this minister regulation.

(6)          Prevention upon licensing duplication as meant at paragraph (1) point a.5 is done by doing orderly administration upon licenses issued.

Fourth Part Correct Usage Article  7

(1)            )   Correct  usage  in  water  resources  and  its infra­ structure usage as  media  as  meant  at Article  4 paragraph  (3)  is materialized by:

1. water  resources  administrator through:

1. . technical recommendation provision in ac­ cordance to decided vvater resources utili­ zation; and
2. monitoring of usage implementation in ac­

cordance to procedures decided by  i[)stitu-

tions related to water resources usage.

1. users with:

1. utilization in accordance to decided water resources  zone utilization; and
   1. usage in accordance to procedures decid­ ed by institutions related to water  resourc­ es usage.

(2)          Utilization according to decided water resources zone  utilization  as  meant  at  paragraph  (1) point

b.1. can be illustrated. on example 4. 1. of Attach­ ment as one unit and inseparable part of this min­ ister regulation.

(3)           Implementation of water resources and i s infra­ structure usage as media accordingly to decided procedures by institutions rel.ated to water re­ sources  usage  as meant at  paragraph  ( 1.) point

a.2. and b.2. can be in the form of C81B.,

Fifth Part Usage Sustainability

Article 8

Usage sustainability of  water  resources  and its  infrastructure usage  as media  as meant  in  Article 4 paragraph {3) is materialized by the water resources administrator  and water  resources  users through:

1. continuity of sustainable water resot,Jrces envi­ ronment  quality;
   1. prevention of water pollution caused by transpor­

. tatio,:i, .as the  result  of  production process done

.. QV. fish cultivators, and/or  as the  effect  of domes­ tic   waste;

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c.      prevention of water sources and its infrastruc­ tures damage from transportation; and

1. maintenance of water source and its infrastruc­ tures.

Paragraph 1

Continuity of Sustainable Water Resources Environment Quality

Article 9

(1 ) The continuity of sustainable water resources environment quality by water resources admin­ istrator as meant in Article 8 point a is achieved through:

1. provision of garbage bin according to garbage type at specific place;
2. imposition of liability on business actors to provide garbage bin accordingly to the gar­ bage type;
3. garbage management with principle of reduce, reuse, recycle (3R) accordingly to the laws and regulations; and
   1. sanction imposition accordingly to the laws and regulations.

(2)          Cotlected garbage, as meant at paragraph  (1) point a, can be processed by the collector or oth­ er parties.

Article 10

(1l The continuity of sustainable water resources en­ vironment  quality by user  as meant in Article  8

point a is achievQQ tt\tOU\\n'.

a.   reuse of produced  garbage for other needs;

1. reduce of produced garbage as effect of water resources and its infrastructure usage as me­ dia;
   1. recycle of garbage using environmental friend­ ly  methods; and
      1. provision of garbage bin according to garbage type.

(2)    The continuity of sustainable water resource en­ vironment quality by user  by  providing  garbage bin accordingly to garbage type as meant at para­ graph (1) point d as described at example 5.1. of Attachment as one unit and inseparable  part  of this  minister regulation.

Paragraph 2

Water Pollution Prevention Article 11

(1 l Prevention of water pollution as the effect of transportation as meant in Article 8 point b is done by technical institution responsible in the field of traffic, river transportation, lake transpor­ tation, and crossing as well as coordination with water resources administrator using methods as follows:

1. checking operational method of transportation means, so that there will be no negative im­ pact in the form of water pollution as effect of turbulence that disturbs basic mater,a\ stab\\­ ity; and

Business News 8178-8179l 11·9·2011

1. checking  lubricant  oil/oil  fuel  (BBM) leak in                   portation by users as meant in Article 8 point b is transportation means.                                               done through:

(2)    In  case  of  !eak  checking  as meant at paragraph                a.   checking  and  not   to  operate  the transporta-

(1)   point b the result  shows leak of lubricant oil/                        tion  mean that  leaks  the  lubricant oil/BBM;

BBM  at  transportation means, these followings                          and

can be done:                                                                     b.   providing  garbage  bin  according  to  garbage

1. repair order of transportation mean to stop the                         type.

leak  of  lubricant oil/BBM; and                                  (2)   Prevention  of  water pollution as effect  of produc-

1. prohibition   on   operation  of   transportation                   tion done by the fish cultivators as meant  ir:i Ar- mean which the leak of lubricant oil/BBM can-               ticle 8 point b is done through implementation of not be stopped.                                                         CBIB, paying attention to environmental carrying

(3)    Prevention of water pollution as effect of produc-                    capacity from time to  time and water flow direc- tion done  by  the  fish cultivators  carried out by          tion as well as in the permitted zone.

water resources administrator as meant in Article              (3) Prevention of water pollution as effect of domes---

8 point  b is done through  socialization  of CBIB                    tic  wastes by users as meant in Article 8 point b and socialization of p rmitted utilization zone.              is can be in the form of:

(4)    Prevention  of   water  pollution  as  effect of  do-                   a. obligatioi:i to  process  domestic  waste water mestic  waste  by  water resources administrator                until  fulfilling  the  quality standards  decided as meant  in  Article  8 point  b is done by carry-            before dumped to water source for user group ing  out  monitoring  and  evaluation. upon water                 of huge amount; and

quality  to  location of  water  and  water power us-                 b.  obligation to  provide septic tank   as infrastruc- age  for  material  as. well  as to  location of water      ture  completeness  of  tourism and sports. source.

(5)    Technical rules concerning the implementation of transportation means operational methods meant at paragraph (1) point a follow norms, standards, guidelines, and criteria in the field of traffic, trans­ portation of river, lake, and crossing.

Article 12

l1)  Prevention  of  water  po\\ution  as  e11ect o1 trans-

Paragraph 3

Prevention of Water Source and Its Infrastructure Damage as a Consequence of Transportation Article 13

Prevention of water source and its infrastruc­ ture damage as effect of transportation by water re­ SOl!rces adn:iinistrator as meant in  Article  8 point c is

done through:

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a.     periodic investigation to carry out monitoring and evaluation; and

1. provision of technical recommendation of speed setting on transportation means and amount of tonnage of transportation means.

Article 14

Prevention of water source and its infrastruc­ ture damage as effect of transportation by users as meant in Article 8 point c is done by obeying the regulation for speed and amount of tonnage of trans­ portation.

Paragraph 4 Maintenance of  Water  Source and

Its Infrastructures Article 15

Maintenance of water source and its infra­ structure by  water  resources  administrator  as meant in Article 8 point d is  done by implementing  opera­  tion and maintenance based on decided operation and maintenance manual.

Article 16

Maintenance of water source and its infra­ structure by users as meant in Article 8 point d is done by implementing repair upon damage on water source and its  infrastructures caused by the user of

water source and its infrastructuree as med\a.

CHAPTER Ill WATER AND

WATER POWER USAGE AS MATERIAL

First Part General Article 17

(1)          Usage of water and water power as material as meant in Article 3 paragraph (3) point b is done by taking some amount of water from water source in order to fulfill raw water needs.

(2)          Raw water needs as meant at paragraph (1) is earmarked to fulfill drinking water needs of house­ holds and other water needs for households, irri­ gation, routine flushing, drinking water provision business, industrial business, accommodation business,  or other  business activities.

(3)          Water and water power usage as material as meant at paragraph (1) is implemented by observ­ ing the principles of usage saving, order and jus­ tice, correct usage,  sustainability usage,  as  well as mutual support usage between surface water and ground water by prioritizing surface water usage.

(4)          Government, regional government, and water re­ sources administrators carry out early education, training, and community assistance for the imple­ mentation of water and its water power usage as material as meant at paragraph (1) and at para­ graph (3).

(5)          Government,    regional   government,    water  re­

sources  administrators, and business  actors are

28                                                                    Business News 8178-8179111-9-2011

obliged to socialize and/or to campaign to public for the implementation of:

1. water and water power usage as material as meant  at  paragraph (3); and
   1. technology for water resources usage, includ­ ing water saving technology, wastewater pro­ cessing technology, and environmental friend­ ly agriculture technology.

(6)           Socialization and/or campaign for water and its water power usage as material as meant at para­ graph (5) is done through counseling, print media, and/or  electronic media.

(7)          Campaign contents through print media  as meant at paragraph (6) by using brochure and/  or leaflet by water resources administrator  can be described at example 1.1. Attachment as one unit and inseparable part of this minister regula­ tion.

(8)       Campaign contents through print media as meant at paragraph (6) by using brochure  and/or  leaflet by business actors can contain invitation as de­ scribed at example 1.2. Attachment as one unit  and inseparable part  of  this  minister regulation.

(9)          Campaign contents through counseling as meant at paragraph (6) by water resources administrator can contain module as described at example 1.3. Attachment as one unit and inseparable part of this minister regulation.

(1O)Campaign contents through print media as meant at  paragraph  (6)  by  using brochure and/or leaflet

scribed at example 1.4. Attachment as one unit and inseparable part of this minister regulation.

Second Part Usage Saving Article  18

(1)    Usage saving of water and water power as mate­ rial as meant in Article 17 paragraph (3) is mate­ rialized in the usage that in accordance to mini­ mum needs  and by  observing  water availability.

(2)    Usage saving of water and water power as mate­ rial as meant  at paragraph  (1) is materialized by:

1. educational institutions, instances that have duties of research and development of water resources, and institutions that  have duties of research and development of settlement water resources by carrying out water saving technology  development;
   1. water resources administrator through:

1. conservation of excess water,

1. prevention of water retrieval that is not in accordance to rights to use of water,
   1. decision on water quota for user of huge amount  of  water; and
   2. improvement of operational efficiency.

1. users through:

1. conservation of excess water,

1. improvement of operational efficiency; and
2. compliance  toward  stipulated regulation

by business actors can contain guidelines as de-                               and implementation ot water saving

Business  News 8178-8179/11-9-2011

technology for water usage by industry, business activities, social, or institutions.

Paragraph 1

Water Saving Technology Development Article  19

(1)   )  Water  saving  technology  development  as meant

at Article 18 paragraph (2) point a, is materialized by:

1. carrying out research to obtain technology that can reduce volume unit of water usage needs;
2. developing combination of water supply net­ work from piping network SPAM and non-pip­ ing network SPAM;
3. developing water saving irrigation technology in paddy as well as non-paddy cultivation;
   1. developing cultivation fishery technology with water saving fish commodity; and
   2. developing  water  saving  plumbing  system. (21  Development-  of  water  supply network combina­

tion from piping network SPAM and non-piping network SPAM as meant at paragraph (1) point b can be in the form of network as shown  on Ge­ neric Model Design Scheme of Rainwater Utiliza­ tion (Skema Desain Model Generik Pemanfaatan Air Hujan) as described on example 2. 1.1. of At­ tachment as one unit and inseparable part of this minister  regulation.

(3)    Development of water saving  irrigation  technol­ ogy as mean,t at paragraph (11 point c can be ,n

the form of System of Rice Intensification (SRI) described on example 2.1.2. of Attachment as one unit and inseparable part of this minister reg­ ulation.

(4)     Development of water  saving  plumbing  system as meant at paragraph (1 ) point d can be illustrat­ ed on example 2.1.3. of Attachment as  one unit and inseparable  part  of  this minister regulation.

Paragraph 2 Conservation  of Excess Water

Article 20

(1)           Conservation of water excess by water resources administrators as meant in Article  18 paragraph

(2)         point b.1. is materialized by conserving ex­ cess water  during  rain to  be utilized  in the  time of need by making Rainwater Container (PAH), whether it is on the top of a building, on the sur­ face or in the ground, pool, reservoir as well as dam.

(21 PAH on the ground surface, as meant at para­ graph (1), can be in  the  form of  field scale PAH as  illustrated on  example  2.2.1.  of   Attachment as one unit and inseparable part of this minister regulation.

(3)          Pool, as meant at paragraph (1), can be in the form of trench dam or long storage as illustrated on example 2.2.2. of Attachment as one unit and inseparable part of this minister regulation.

(4)            Reservoir, as meant at paragraph ( 1), can be illus­ trated on example  2.2.3.  of  Attachment  as one

, 30

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unit and inseparable part of this minister regula­ tion.

Article 21

(1 ) Excess water conservation by users, as meant in Article 18 paragraph (2) point c.1. is materialized by saving excess water  during rain to  be utilized in  the time  of need:

1. for the level of individual or household or some of household groups, they  can  build  rainwa­ ter container, whether it is on the roof of the building, on the surface or in the ground, can be in the form of PAH, or artificial aquifer and rainwater  storage  (ABSAH); and
2. for users of huge amount of water and water usage by industry, business activities, social, and institution, it is obliged to make rainwater container, whether it is on the top of the roof, on the surface or in the ground, can be in the form of PAH, or ABSAH.

(2) PAH construction by individual or household scale as meant at paragraph (1 ) point a can be il­ lustrated on example 2.3.1 of Attachment as one unit  and inseparable part of  this Minister Regula-

meant at paragraph (1 ) point a can be illustrated on example 2.3.3. of Attachment as one unit and inseparable part of this minister regulation.

(5)    PAH construction by users of industry as meant at paragraph (1) point b can be illustrated on ex­ ample 2.3.4. of Attachment as one unit and in­ separable part of this minister regulation.

(6)    ABSAH construction as meant at paragraph (1) point a can be illustrated on example 2.3.5. of Attachment as one unit and inseparable part of this minister regulation.

Paragraph 3 Prevention of  Water Retrieval

That Against The Rights to Use of Water Article  22

Prevention of water retrieval that against the rights to use of water by  water resources administra­ tor as meant in Article 18 paragraph (2) point b.2. is materialized by:

1. formation of joint team of water users for water distribution security;
   1. dialogue among users;

1. formulation of  service  procedure  of  water distri-

tion.                                                                                 bution;

(3)    PAH construction  by  users  of  huge amount of             d.    carrying out periodic inspection in the time of wa- water  as meant at paragraph (1) point b can be               ter distribution; and

illustrated  on example  2.3.2.  of Attachment as             e.    enforcing order. one unit and inseparable part of this minister reg-

ulation.

Paragraph 4

(4)    PAH construction  by  some household  groups as

Water  Quota Sett\ement  for User of

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Huge Amount of Water Article 23

Water quota settlement for users of huge amount of water by water resources administrator as meant in Article 18 paragraph  (2) point b.3. is done by the minister/office of water resources administra­ tor of province/district/city related to water resources usage in accordance to their respective authority and responsibility.

1. usage of efficient tools;

1. usage of bath tube with size according to· mini­ mum needs;
   1. monitoring and evaluation on water loss; and

1. Users of huge amount of water can join together in an institution, can be in the form of fish cultiva­ tors or farmer institution to implement manage­ ment of irrigation network and reclamation net­ work  of lowland swamp  in  the  tertiary service/

Paragraph  5 Operational  Efficiency Improvement

Article 24

square area.

Paragraph 6

Operational efficiency improvement by water resources administrator as meant .in Article 18 para­ graph (2) point b.4. is done by reducing water loss and water channel leaks by:

1. carrying out routine inspection;

1. coaching users to  be able to  fix  the leak; and

1. carrying out routine maintenance in preserving condition of distribution channels to avoid leaks.

Article 25

Operational efficiency improvement by users as meant in Article 18 paragraph (2) point c.2. is ma­ terialized with:

1. utilization of rainwater efficiently  and effectively;

1. minimizing water loss in untreated water trans­ mission  channel  and in  its  distribution network;
2. minimizing water loss in irrigation network and reclamation network of lowlands, swamp, and tidal swamp;

Compliance toward Stipulated Regulation and Implementation of Water Saving Technology Article 26

Compliance toward stipulated regulation and implementation of water saving technology for water usage by industry, business activities, social, and in­ stitutions as meant in Article 18 paragraph  (2)  point

c.3. is materialized by:

1. not exceeding regulation in volume unit water us­ age needs  decided by  related institutions;
2. applying water saving technology by:

1. using lever model faucet/valve, not screw/ro­ tation;
2. using water saving toilet unit (amount of wa­ ter used for urination flushing is less than defecate flushing);
3. using tools like faucet, shower, and automat­

ic toilet flushing that will stop when not  in use;

32                                                                    Business  News 8178-8179/11·9-2011

1. using water accordingly to plants growth needs; and
2. using water saving tools for plants watering that can be in the form of sprinkler irrigation, and/or drip irrigation.

Third Part Order  and Justice

Article 27

(1)          Order and justice in usage of water and water power  as  material  as  meant  at  Article  17 para­

:graph (3)  is materialized by:

1. water resources administrator through:

1. arrangement  of  periodic water balance;

1. arrangement  of  water  usage priority;

1. monitoring of water allocation;

1. settlement of pattern and manual of river and dam operation;
2. installation of information and/or prohibi­ tion board;
   1. access provision for water user to fulfill daily basic necessities;
   2. access allocation for the society to use and/or to enjoy water sources as public space in  accordance to  decided zone;
   3. prevention of licensing duplication;

accordance to the provisions stated on the license.

1. users through:

1. access provision for water user  to fulfill daily basic  necessities; and
   1. access provision for the society to use and/or to enjoy water sources as public space.

(2)           Water  balance  as meant  at  paragraph  (1) point

a.1. is done by Government or regional govern­ ment in accordance to their respective authority and responsibility.

(3)          Information and/or prohibition board as: meant at paragraph (1) point  a.5.  may consist of: ··

1. information about users obligation to obey the law  in  the licensing;
   1. information about access way to water source for  society; and
      1. information about operation pattern of river and dam.

(4)           Prevention upon licensing duplication as meant at paragraph (1) point a.8. is done by doing orderly administration upon licenses issued.

Fourth Part Correct Usage Article 28

9.    requirements demand of licensing techni-                         Correct usage of  water  and water power as cal recommendation consistently; and             material as meant in Article 17 paragraph (3) is mate-

1O;  submitting  suggestion on- reconsideration          rialized by:

upon  license  that- is not  implemented  in           a., water resources administrator  through:

Business  News 8178-8179/ 11-9-2011                                                                                                33

1 . implementation  of  water  distribution  accord­ ingly   to   decided allocation;

1. implementation of irrigation water distribution accordingly to planting pattern and agreement in the group of water users and/or institutions of  water user farmers association,
   1. implementation of punctual, efficient, and ef­ fective water distribution accordingly to dam operation pattern and guidelines; and
   2. implementation of monitoring and  evalua­ tion on usage accordingly to decided quality (water allocation group class) in the retrieval place.
   3. users with:

1. implementation of water retrieval and usage accordingly to decided allocation and usage;
2. implementation of irrigation water retrieval accordingly to planting pattern and agree­ ment in the group of water users and/or insti­ tutions of  water user farmers association;
3. implementation of punctual, efficient, and ef­ fective water retrieval accordingly to dam op­ eration pattern and guidelines; and
4. implementation  of  usage  accordingly   to de-

material as meant in Article 17 paragraph (3) is mate­ rialized by:

1. educational institutions, instances that have du­ ties of research and development of water re­ sources and institutions that have duties of re­ search and development of settlement through wastewater processing technology development; and
2. educational institutions and institutions that have duties of research and development on agriculture through development of environmental friendly agricultural technology.
3. water resources administrator by the sustainabil­ ity  of water resources quality in:
   1. water  quality  standards; and

1. water resources environment.

1. users with:

1. repeated  water usage;

1. wastewater recycling; and

1. continuity of water resources quality in:

a)        water quality standards; and

b)        water resources environment.

cided quality  (water  allocation group class) in                                          Paragraph 1

the retrieving place.                                                   Wastewater  Processing Technology Development Article 30

Fifth Part                                         (1)   Development  of  wastewater  processing technol-

Usage Sustainability                                         ogy  as meant in Article  29 point a can be in the

Article  29                                              form   of   practical   and   economically   wastewater Sustainability  of  wat t  clt\U 'H%\Qt -pnwer as      processing technology development.

34                                                                    Business  Hews  8178-8179l 11·9-2011

(2) Practical and  economically  wastewater  process­ ing technology development, as meant at para­ graph (1), can be illustrated on example 5.4. of Attachment as one unit and  inseparable  part  of this  minister regulation.

Paragraph 2

Environmental Friendly Agricultural Technology Development

Article 31

Development of environmental friendly agri­ cultural technology as meant in Article  29 point b can be in the form of organic fertilizer technology devel­ opment.

Paragraph 3

Sustainability of Water Resources Quality in Water  Quality Standards

Article 32

(1)           The sustainability of water resources quality on water quality standards by water resources ad­ ministrator as meant in Article 29 point c.1. can be in the form of pollution prevention by:

1. the construction of collecting ducts and Wastewater Processing Installation (lnstalasi Pengolahan  Air Limbah/lPAU;
   1. monitoring and evaluation upon water quality to water and water power usage location for material and to water source location; and
   2. implementation of.operation and maintenance

of  tidal  swamp reclamation network accord-

ingly to the guidelines and/or manual of opera­ tion  and maintenance.

(2)           Construction  of   collecting  ducts  and  IPAL as

meant at paragraph. (1 ) point a  for  wastewater that contains  hazardous  and to ic  materials  (83) is  done in  such a way.

(3)          Wastewater processing that contains · 83 as meant at paragraph (2) is carried out in accor­ dance to  the  laws and regulations.

Article 33

The sustainability of water  resources  qual­ ity in water quality standards by users as meant in Article 29 point d.3.a. can be in the form of water pollution prevention with obligation to process waste­ water before dumping to  water source for:

1. users of huge amount of water by building cen­ tralized  domestic IPAL;
   1. industries by building IPAL for industry,  whether it is in industrial area or outside industrial area and the result of wastewater processing is reported periodically to license issuers of water resources usage in accordance to their respective authority and responsibility with copy  to  institutions relat-

, ed to environmental  management  and institutions related  to   water   resources management;

1. hospitals by building IPAL for hospital and the re­ sult of wastewater processing is reported periodi­ caUy  to  license issuers of  water resources usage

in  accordance to  the"ir respective authoritv at\d

Business  News 8178-8179/ H-9-2011                                                                                                35

responsibility with copy to institutions related to environmental management and institutions re­ lated to water resources management;

1. hotels by building IPAL for hotel and the result of wastewater processing is reported periodically to license issuers of water resources usage in accor­ dance to their respective authority and respon­ sibility with copy to institutions related to envi­ ronmental management and institutions related to water  resources  management; and
2. other business activities by building IPAL for oth­ er business activities and the result of wastewa­ ter processing is reported periodically to license issuers of water resources usage in  accordance to their respective authority and responsibility with.copy to institutions related to environmental· management and institutions related to water re­ sources management;

Paragraph 4

Sustainability of Water Resources Quality in Water Resources Environment

Article 34

The sustainability of water resources quality in water resources environment by water resources administrator as meant in Article 29 point c.2. canbe in  the form of:

1. arrangement of water level in peat swamp rec­ lamation network to maintain pyrite layer to be always soaked in water, so that it won't get oxi­ dized; and

1. arrangement of manual for operation and mainte­ nance of tidal swamp so that seawater intrusion won't  happen.

Article 35

The sustainability of water resources quality in water resources environment by users as meant in Article  29 point d.3.b. can be in  the form of:

1. compliance towards water level in peat swamp reclamation network to maintain pyrite layer  to be always soaked in water, so that it won't get oxidized; and
2. implementation of manual for operation and main­ tenance of tidal swamp reclamation network so that seawater  intrusion won't happen.

Paragraph 5 Repeated Water Usage

Article 36

Repeated water usage by users as meant in Article 29 point d.1. is done through:

1. individual or household can reuse household wastewater (greywater) in order to fulfill  the needs that are not daily basic necessities that can be in the form of reuse of food wash water to water plant and livestock needs; and
   1. reuse of irrigation water from one rice terrace to another rice terrace.

Paragraph 6 Water Recycle

Business  Hews 8178-81791 ff-9-2011

Article 37

(1)          Wastewater recycle, as meant  in  Article  29 point d.2, is obliged to be done by users of huge amount of water, hotel, hospital, and industry by building recycling installation.

(2)           Wastewater recycling, as meant at paragraph (1), can be described at example 5.2. and 5.3.of At- tachment as one unit and inseparable part of this minister regulation.

Sixth Part

Mutual Support Usage that between Surface Water and Ground Water  by Prioritizing  the Usage of

Surface Water.

Article 38

(1 ) Mutual  support usage  between surface water with ground water by prioritizing surface water usage as meant in Article 17 paragraph (3) is ma- terialized by water resources administrator by in­ creasing surface  water  supply by:

1. constructing dam, reservoir, pool, lake, long , storage, or other kinds of water storage to preserve  run  off water;
2. constructing  rainwater  container  that  can  be , in the form of dam, reservoir, pool, long stor- , age, PAH, ABSAH, or other kinds of rainwater container  on the  roof  as well  as in  the  ground to  preserve rainwater;
   1. taking surface  Water from water  source with

excess to  other  place in need;

1. utilizing excess surface water for  ground  wa­ ter recovery through shallow absorbing  well and deep absorbing  well; and
   1. utilizing surface water that penetrates and runs underground by constructing under­ ground barrier wall to form undergrou_nd reser­ voir to retain the pervasive run off water and rainwater.

(2)  Mutual support usage between surface water with ground water by prioritizing surface water usage as meant in Article 17 paragraph (3) is materialized by users by prioritizing usage of ob­ tained surface water using method as meant in Article  21.

(3)  Improvement in surface water supply by con- structing dam as meant at paragraph (1) point  a can be described at  example  6. 1. of  Attachment as one unit and inseparable part of this minister regulation.

(4)  Utilization of excess surface water for ground water recovery by constructing shallow ab­ sorbing well and deep absorbing  well  as meant at paragraph ( 1) point d can be described at example  6.2.1.  and  6.2.2  of  Attachment  as one unit and inseparable part of this minister regulation.

(5)  Utilization of water surface that penetrate and run underground by building barrier wall as meant at paragraph (1) point e can be described at example

6.3. of  Attachment  as one unit  and inseparable

part of this minister regulation.

Business News 8178-8179111-9-2011                                                                                                 37

CHAPTER IV

WATER  SOURCES USAGE AS MEDIA

First Part General Article 39

11) Usage of water source as media as meant in Ar­ ticle 3 paragraph (31 point c is intended to utilize water  source  with certain purposes.

(2)           Utilization of water source with certain purposes as meant at paragraph (1), for:

1. construction at water source can be in the form of construction of bridge, piping net­ work and electrical wiring/telephone network;
2. area of annual plant cultivation at green belt area of  lake, reservoir,  and dam.

b.            area of seasonal agricultural cultivation or aquaculture at river  basin; and

(3)          Water sources usage as media as meant at para­ graph (1 ) is implemented by observing the prin­ ciples of usage saving, order and justice, correct usage, as well as sustainability of water sources functions.

(4)          Government, regional government, and water re­ sources administrators carry out early education, training, and community assistance for the imple­ mentation of water sources usage as media as meant at paragraph (1) and paragraph (3).

(5)          Government, regional government, water re­ sources administrators, and business actors are obliged to  socialize  and/or  to  campaign to public

th,ough print  media or  electronic  media for  the

implementation of water source usage as media as meant at paragraph (31.

(61 Socialization and/or campaign for water sources usage as media as meant at paragraph (5) is done through counseling, print media, and/or electronic media.

.Second Part Usage Saving Article  40

Usage saving of water sources as media as meant in Article 39  paragraph  (3)  is materialized  in the usage that in accordance  to  minimum needs.

Third Part Order  and Justice

Article 41

11)         Order and justice in water sources usage as me­ dia as meant at Article 39 paragraph (3) is mate­ rialized by:

1. water  resources  administrator through:
   1. installation of information and/or prohibi­ tion board;
   2. access provision for water  user  to  fulfill daily  basic necessities;
      1. access allocation for the society to use and/or to enjoy water sources as public space in  accordance to decided zone;
      2. prevention of licensing duplication;
         1. requirements demand on licensing techni­ cal recommendation consistently; and

38                                                                     Business Hews 8178-8179/11-9-2011

1. submitting suggestion on reconsideration upon license that is not implemented in ac­ cordance to the provisions stated on the license.
2. users through:

1. access provision for water user to  fulfill daily basic necessities;  and
2. access provision tor the society to use and/or to enjoy water sources as public space.

(2)    Information and/or prohibition board, as meant at paragraph (1 ) point a.1. at:

1. construction implementation may consist of prohibition to dump excavation results in wa­ ter source;
   1. river basin may consist of information of plant types suggested or prohibited to plant; and
      1. green belt of lake, reservoir, and dam may consist of information of plant types suggest­ ed or prohibited to plant.

(3)    Prevention upon licensing duplication as meant at paragraph (1) point a.4. is done by doing orderly administration upon licenses issued.

Fourth Part Correct Usage Article 42

Correct usage of water  sources  as  media as  meant  in  Article  39  paragraph  (3)  is material­

ized by:

1. water resources administrator by monitoring that according to the provisions decided by the com­ petent authority; and
   1. users with usage that according to the provisions decided by the competent authority.

Fifth Part Usage Sustainability

Article 43

(1)          Sustainability of water source functions as meant in Article 39 paragraph (3), is materialized by:

1. water resources administrator by securing main functions of  water sources through:
   1. Management  of border  or green belt;

1. maintenance  of  drainage capacity;

1. maintenance of facilities and infrastruc­ ture; and
   1. prevention of pollution.

1. users by utilizing water source that does not cause damage on water source.

(2)           Main functions of water source as meant at para­ graph (1) point a involve functions of:

1. ground water discharge at the spring;

1. water drainage;

1. flood control;

1. water reservoir; and

1. water biota habitat.

(3)          To maintain water biota habitat functions as meant at paragraph (2), it is necessary to allocate water  drainage to  create appropriate environment

for water biota needs.

Business Hews 8178-8179111·9·2011                                                                                                  39

Paragraph  1 Management  of Border or Green Belt

Article 44

(1)          Border management as meant in Article 43 para­ graph (1) · point a.1. intended for the functions security of ground  water discharge at the  spring  is carried out  by:

1. to perform land acquisition at spring location and its border to become regional/state prop­ erty;
2. to build strong security fence that does not bother the sustainability of spring functions;
3. to investigate and to carry out periodic moni­ toring  and evaluation; ·
4. to forbid excavation and/or drilling at spring; e;  to prevent violation upon water source border

area by involving society; and

f. to report the violation of border utilization to regional government to be followed up.

(2)           Border management as meant in Article 43 para­ graph (1) point a.1. intended for the functions security of water discharge, flood control,  and water  biota habitat  is carried  out by:

1. investigating and carrying out periodic moni­ toring and evaluation;
   1. preventing violation upon water source border area by  involving  society; and
   2. reporting the  violation upon border utilization

to regional government to be followed up.

•

(3)           Green  belt  management  as  meant  in  Article 43

paragraph  (1)  point  a.1.  intended  for  the  func-

tions·security of  water container  is carried out by:

1. investigating and carrying out periodic moni­ toring and evaluation;
   1. preventing violation upon area of green belt of lake, reservoir,  or dam;
   2. reporting the violation upon green belt utili­ zation to regional government to be followed up;and
      1. cultivating crops of plan.tation and reforesta­ tion in the area of green belt of lake, reservoir, or dam.

(4)           Border or green belt as meant at paragraph (1), paragraph (2), and paragraph (3) is decided by Government or regional government in accor­ dance to their respective authority and responsi­ bility.

(5)          Reforestation in  dam  green  belt  area  as  meant at paragraph (3) point d can be described at ex­ ample 5.5. of Attachment as one unit and insepa­ rable part  of  this  minister regulation.

Paragraph 2 Maintenance  of Drainage Capacity

Article 45

Drainage capacity maintenance as meant in Article 43 paragraph (1) point a.2. is intended for the functions security of  water  drainage  and flood control is carried  out by:

1. cleaning  up the channel;
2. maintaining the transverse and/or parallel con­ struction of  water  source do not  compensate the

40                          Business News 8178-8179111-9·2011

.•

capacity and change the direction of  drainage;  and

1. carrying out  maintenance  of  the channel.

Paragraph 3

Maintenance of Facility and Infrastructure Article 46

Maintenance of facilities   and   infrastructure as meant in Article 43 paragraph (1) point a.3. is in­ tended for the functions security of flood control and implemented by carrying out operation and mainte­ nance based on decided operation and maintenance manual.

Paragraph  4 Prevention of Pollution Article 47

Pollution prevention as meant in Article 43 paragraph (1) point a.4. is intended for the functions security of water biota habitat and is carried out by:

1. using environmental friendly fertilizer and/or pes­ ticide as well as controlling land erosion and solid waste that can cause  pollution;  and
   1. channeling drainage to the surface of artificial wetland  before  entering  water body.

Paragraph 5 Utilization of Water Source that

Causes No Damage on Water Source Article  48

Utilization  of  water  source  that  causes no

damage on water source by users as meant in Article 43  paragraph  (1) point b, is done by:

1. making construction formation that will not cause scours on water source;
2. making construction size that will not reduce the capacity of river drainage; and
3. implement temporary construction that does not reduce capacity of water source drainage from planned flood discharge.

CHAPTER V

USAGE OF WATER, WATER SOURCE, AND/OR WATER  POWER  AS MEDIA  AND MATERIAL

First Part General Article 49

(1)          Usage of water,  water  source and/or  water pow­ er as media and material as meant in Article 3 paragraph (3) point d, can be in the form of utili­ zation or retrieving of  water,  water  source,  and/ or water  power,  separately  or together.

(2)          Usage of water, water source, and/or  water pow­ er as media and material as meant at paragraph (1), can be in the form of exploration,  exploita­ tion, and purification of mining substance from water source.

(3)          Usage of water, water  source, and/or  water pow­ er as media and material as meant at paragraph (1), is implemented by observing the principles of usage saving, order and justice, correct usage,  as

well as usage sustainability.

I

Business News 8178-8179/11-9-2011

\ 41

(4)           Government, regional government, and water re­ sources administrators carry out early education, training, and community assistance for the imple­ mentation of usage of water, water source, and/ or water power as media and material as meant at paragraph (1) and at paragraph (3).

(5)          Government, regional government, water re­ sources administrators, and business actors are obliged to socialize and/or to campaign through print media or electronic media to public for the implementation usage of water, water source, and/or water power as media and material as meant  at paragraph (3).

(6)          Socialization and/or campaign for usage  of  wa­ ter, water source, and/or water power  as media and material as meant at paragraph (5) is done through counseling, print media, and/or electronic media, and/or  through  electronic media.

Second Part Usage Saving Article  50

Usage saving of usage of water, water source, and/or water  power  as media  and material  as meant in Article 49 paragraph (3) is materialized in the usage that  in accordance  to  minimum needs.

Third Part Order and Justice

Article 51

(1)    Order and justice in usage of  water, water source,

and/or water power as media and material as ma­ terial as meant at Article 49 paragraph (3) is ma­ terialized by:

1. water resources administrator through:

1. .  arrangement  of  water resources utilization zone;
   1. arrangement  of periodic  water balance;

1. monitoring of  water allocation,

1. installation of information and/or prohibi­ tion board;
2. access provision for water user to  fulfill daily basic necessities;
   1. access allocation  for  the  society  to use and/or to enjoy water sources as public space in accordance to decided zone;
   2. prevention of licensing duplication;

1. requirements demand on licensing techni­ cal  recommendation  consistently; and
2. submitting suggestion on reconsideration upon license that is not implemented in accordance to the provisions stated on the license.
3. users through:

1. compliance towards the provisions of wa­ ter resources zone utilization;
   1. access provision for water user to fulfill daily basic  necessities; and
   2. access provision  for  the  society  to use

and/or to enjoy water sources as public space.

42                                                                     Business  News 8178-8179111-9·2011

(2)    decision on water resources utilization zone as meant at paragraph (1) point a.1. is done by Min­ ister, governor, regent/mayor in accordance to their respective authority  and responsibility.

(3)    Water  balance  as  meant  at  paragraph  (1) point

a.2. is done by Government or regional govern­ ment in accordance to their respective authority and responsibility.

(4)    Information and/or prohibition board as meant at paragraph  (1) point  a.4.  may consist of:

1. mining method;

1. permitted  mining tools;

1. prohibition on dumping mining substance washing waste to water source;  and
2. information of mining zone.

(5)    Prevention upon licensing duplication as meant at paragraph (1) point a.7. is done by doing orderly administration upon licenses issued.

Fourth Part Correct Usage Article 52

Correct usage  of  water,  water  source,  and/  , or water power as media and  material  as  material  as meant  at Article 49  paragraph  (3) is materialized  by:

1. water resources administrator through:

1. technical recommendation provision in accor­ dance to decided water resources utilization zone; and
2. implementation  of  water  distribution accord­
3. users with:

1. utilization in accordance to decided water re­ sources  utilization  zone; and
2. implementation of water retrieval and usage accordingly to decided allocation and us­ age.

Fifth Part Usage Sustainability

Article 53

(1)    Sustainability of usage of water, water source, and/or water power as media and material as meant in Article 49 paragraph (3) is materialized by the water resources administrator and busi­ ness actors through damage prevention at water source and its infrastructures.

(2)    Prevention   of   water   source   and  its infrastruc-

ture damage by water resources administrator as meant at paragraph  (1) is done  through:

1. periodic investigation to carry out monitoring and evaluation;
2. operation and maintenance based on the de- cided manual  for  operation  and maintenance;

C. immediate  repair  upon minor damage;

1. reporting upon deviation of water source us- age that cause major damage as well as sug- gesting the handling; and
2. empowerment of water resource care society.

(3)    Prevention of water source and its infrastructure damage  by   business  actors  as  meant  at  para­

ingly to decided allocation.

graph  (1) is  done through:

Business News 8178·8179111·9-2011                                                                                                                 43

1. avoiding deviation of water source usage that cause damage;
2. carrying out repair upon minor damage that caused by  water resource usage; and
   1. water  resources care.

CHAPTER VI

WATER RESOURCES USAGE IN THE STATE OF EMERGENCY  AND IMMEDIATE NEEDS

Article 54

(1)          !.)sage of water in the state of emergency and im­ mediate needs is excluded from the provisions as meant  in Article2.

(2)           State of emergency  as meant  at paragraph (1) is a unit  and condition  with  emergency nature.

(3)           In the state of emergency as meant at paragraph (2), Government and/or regional government have authority to regulate and to stipulate the usage of water resource for the interest of conservation, preparation of construction implementation, and fulfillment of water resource usage priority.

(4)           Immediate needs as meant at paragraph (1) is a unit and a certain situation that compels Govern­ ment or regional government to make swift deci­ sion to  change the plan of  water resource supply.

Article 55

(1)           Water resources usage in the state of emergency as meant in Article 54 paragraph  (3)  includes:

1. water usage for  conservation  interest  can be

in  the  form  of   water  source  flushing  in the

city, settlement area, and area in which the water has suffered pollution as effect of in­ dustrial activities;

1. water resources usage for preparation of construction implementation for example to overcome sudden damage happens to water resource infrastructure (breached dike); and
   1. water usage for priority fulfillment can be in the form of fulfillment of daily basic necessi­ ties in the time of drought and water  usage to supply irrigation area water needs that suf­ fers drought to prevent susceptibility of food security.

(2)          Water resources usage for immediate needs as meant in Article 54  paragraph  (4)  includes  wa­ ter resources usage to overcome drought, ex­ tinguishing forest or land fire, needs of national security and defense, and to overcome impact of disaster that  cause short  on water.

Article 56

(1)          State of emergency and immediate needs as meant in Article 54 are reported to water resourc­ es administrator for changing on swift decision­ making in the usage of  water  resource.

(2)          Water resources administrator is obliged to moni­ tor the impacts in quantity and quality of water resources usage as meant at paragraph (1).

(3)           Water  resources  usage  as  meant  at paragraph

(1), is informed to the users by water resources administrator  for  usage adjustment.

44                                                                     Business  News 8178-8179111-9-2011

Li&Li&!SL&Lli&Siai_ -h             -     -

(4)          Water  usage  for   the  interests  as  mentioned  in          b.   regional government  is obliged  to arrange region- Article  55  paragraph  (1)  point  a  and  point b is       al regulation  needed  to  implement the provisions allocated in  dam  operation  pattern  and water al-         stated  in this minister  regulation in accordance to location in other  water  source by water resources              respective  authority,  condition, and needs. administrator.

CHAPTER VIII

CHAPTER VII                                                               FINAL PROVISIONS

OTHER PROVISIONS                                                                  Article  59

Article 57                                                    This minister  regulation  starts  to take effect (1)  Institutions  related  to  the  usage  of  water  re-    since the stipulation date.

source,  regional  government,  and water resourc-                      

For  everybody   to   acknowledge this  regula- es administrator give  incentive  and  disincentive tion,  ordering  the  promulgation  of  this minister  regu- based on assessment on water  resources  users lation to be placed in the  State Gazette of Republic of toward  the implementation  of  water  resource  us-     Indonesia.

age principles.

(2)    Incentive as meant at paragraph (1) can be in the form of:

1. dispensation on water resources management service;
2. ecolabel provision;
   1. fish seed provision;
   2. plant  seed provision;
   3. facility provision that can  be  in  the  form  of tax  decrement,  venture  capital; and
      1. award provision.

(3)    Disincentive as meant at paragraph (1) can be in the  form of:

1. progressive tariff provision; and/or
2. restriction on business

Article 58

By the stipulation of this minister regulation:

a.    users of  huge amount  of  water, hotel, hospital, and industry are obliged to utilize rainwater  and

Stipulated in Jakarta on 28 March 2011

THE MINISTER OF PUBLIC WORKS REPUBLIC OF INDONESIA,

Sgnd.

DJOKO KIRMANTO

Promulgated in Jakarta On  25  April 2011

THE MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

Sgnd.

PATRIALIS  AKBAR

THE STATE GAZETTE OF REPUBLIC OF INDONESIA NUMBER  250   YEAR 2011

Editorial Note :

Under  technical  reason,  Attachments   are  not  inwater  from  wastewater  recycle  at  the latest

(five)   years  after  this  minister   regulation  stipulated; and