RE: MEETINGS WITH THE EXECUTIVE SECRETARY OF THE LAGOS STATE WATER REGULATORY COMMISSION (LSWRC)

As you are probably aware, the Lagos State Water Regulatory Commission (LSWRC) had recently written and visited some companies requesting them to obtain License and Permit for borehole, and for abstracting groundwater for use and/or sale. The Commission is relying on the Lagos State Water Sector Law of 2004, and has also slammed companies bills ranging from N700 million to N900 million for prior years in retroactive implementation of the law.

Your Association, as part of its mandate to protect her members, had engaged the Commission on three (3) occasions and we wish to inform you of the following key conclusions:

• It is part of the responsibilities of the Lagos State Government, through the Lagos State Water Corporation, to provide Water for all citizens (Individual and/or Corporate) in the State. However, where private individuals or corporate bodies resorted to self help by providing water for their use, they should not be penalized or slammed with huge tariff.

• The need to regulate the Water Sector in Lagos State is incontrovertible. It must, however, be done within the ambit of the Law. The Lagos State Water Regulatory Commission (LSWRC) will carry NECA along on its Regulations/Standards, especially on Rates and parameters for arriving at the rates.

• The draft Regulations will be exposed to NECA for inputs, and also exposed to all Stakeholders for information. The application of the Regulations and Polices would be on both private and public sectors without discrimination.

• Specific issues from NECA’s Member-companies would be brought to the attention of the Commission and addressed on a case by case basis.

• The Commission would conduct a segmentation of regulatees to identify purely commercial oriented outfits from non-commercial oriented ones.

• The LSWRC agreed to work with NECA through Interactive Sessions and Stakeholders’ Meetings on the implementation of the law and on issues concerning member-companies of NECA. An interactive session is being planned for September 2016 at NECA House.

• NECA would forward a list of her members to the LSWRC, to enable the Commission know members of NECA in Lagos State and make recourse to NECA on any of her members that are in default or non-compliance with the law before any restrain or action is taken against such member.

In the light of the foregoing, kindly notify NECA Secretariat of activities and letters of demand from the Commission to your company. We will also appreciate details of a contact person within your organisation on this subject matter.

Director-General