Furthermore, the new Water Resources Law provides for a collection of a basin Water Resources Management Fee [article 77(3)] to pay for the planning, O&M and management administration costs of basin water resources management. However, Article 80(2) of the law exempts smallholder agriculture (with land holdings less than 2 ha) in public irrigation schemes from this fee. For other water users, the fee is determined by the volume of use and their economic capacity (i.e. affordability). The application of this new fee is still to be regulated by the issue of a Government Regulation. In principle, this would become an additional source of revenue from nonsmallholder irrigation and other customers of PJT I and enable it to meet more of its O&M expenses. This, however, depends on whether: (a) the various levels of government agree that this fee may be added to the existing tariffs; (b) a portion thereof is not claimed by provincial and local governments in the form of `retribusi’; and (c) proceeds thereof are not to be included in the balance sheet surplus to be transferred to MoF.

# **_6.7 Water Monitoring._**

PJT I monitors hydro-meteorological data, water use, water quality, and financial data. During the dry season, it monitors the operation rule issued through the PTPA every 10 days to verify that the pattern follows predictions. PJT I does not manage all intakes; intakes for hydropower plants, municipal water supply, and some irrigation areas are managed and flows monitored by the water users themselves or by other provincial/district agencies. Some industrial intakes use water meters. Water use is estimated for those industries that do not use meters. Those users that pay do so on a volumetric basis after they have received the water.

During the rainy season, PJT I focuses on flood management, monitoring rainfall intensity and discharge along the Brantas River through the Flood Forecasting and Warning system. For basin wide monitoring of water quality, the Provincial Water Resource Services Office collects water quality data from the Balai PSDAs, as well as data from PJT I, and reports it each month to the Governor. PJT I monitors water quality, collects data, and reports to the Bappedalda Office ( Provincial Environmental Control Office), who, in turn, require concerned agencies and local police to enforce pollution control regulations and/or seek the legal remedies available.

PJT I is currently constructing a real-time water monitoring system on water quality. They monitor pollution from a central station in Lengkong Mojokerto, and have constructed a lab in Malang that is awaiting certification. According to the head of an advocacy organization that works on capacity building activities in the basin, 14 industries discharge polluted water in the Brantas, and thus far they have taken one to court using monitoring data from PJT I. However, though PJT I’s data is technically sound, their data has no authority without official certification, so currently the court tends to be in favor of factory data. Why such certification has not been issued by KLH or local environmental agencies is not clear.

# _Communication_

PJT I is very proactive in providing information concerning water resources management and issues. Staff disseminate brochures and participate in exhibitions each year for local government and in Jakarta. Some local governments invite them as speakers as well.

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