The Kingdom of Lesotho WATER COMMISSION

Public Disclosure Authorized The Kingdom of Lesotho WATER COMMISSION

Addendum to Environmental and Social Impact Assessment (ESIA) for Zones 2 and 3 of the Lowlands Water Development Project Phase II

Public Disclosure Authorized Public Disclosure Authorized

March 2019 Public Disclosure Authorized

Contents 1. Introduction ...... 3 1.1 Background ...... 3 1.2 Purpose of the Addendum ESIA ...... 5 2. ESIA and RAP Public Disclosure ...... 5 3. Environmental Flow Requirement and Water Quality for Hlotse River ...... 8 4. LHWP Environment and Social Due Diligence ...... 9 4.1 Environment and Social Institutional Arrangement and Capacities ...... 9 4.2 Structural integrity of the associated Lesotho Highlands Water Project (LHWP) Infrastructure ...... 10 5. Downstream Users ...... 11 6. Riparian States Notification Processes (OP7.50) ...... 13 7. PIU, Construction & Supervision Consultant and Contractor Structure Social, Environment, Health and Safety Institutional Arrangement ...... 14 7.1 PIU Social, Environment, Health and Safety Structure ...... 14 7.2 Design & Supervision Social, Environment, Health and Safety Structure ...... 17 7.3 Contractor Social, Environment, Health and Safety Structure ...... 17 Annex 1: Terms of Reference for Environmental Flow Assessment (EFA) and Water Quality Modelling within the Lowlands Water Development Project Phase II (LWDP II) 19 Annex 2: DWA Preliminary Water Quality Variables ...... 36 Annex 3: Public Notices for ESIA, RAP and ESMF Disclosure ...... 38

1. Introduction

1.1 Background

The provision of bulk water supply to the towns and villages in the Lowlands area of Lesotho has been under consideration since 2002. The Lowlands area, lying along the western border of the country between the Mohokare River to the west and the Maluti Mountains to the east, has experienced significant population growth, economic expansion and urban development in the past two decades. However, one of the limiting factors throughout the Lowlands region is the lack of water. The Lesotho Bulk Water Supply Scheme (LLBWSS) project was initiated in 2004 with the objective to address water security challenges and to improve water supplies for domestic, institutional, and industrial use in the Lowlands’ urban, peri-urban, and other demand centres (towns and clusters of villages with populations of 2,500 people and more). The entire LLBWSS aims to benefit a population of 1.1 million, which is projected to increase to 2.0 million by 2040.

The Lowlands region has been divided into 8 demand zones as shown in Figure 1. Zones 2 and 3 in the north-west of Lesotho have been identified as a priority area due to the high-water demand, economic opportunities and current shortages in supply. The World Bank is funding the roll out of a project in Zones 2 and 3, which comprises the construction of a bulk water supply scheme which will abstract water from the Hlotse River and transfer it storage reservoirs near to the project towns. The system will include a river intake structure, source protection measures to protect the local environment and reduce the effects of flooding, a water treatment plant, reservoirs, pump stations and auxiliary facilities.

However, water resource analyses and water demand estimates indicate that there is insufficient water in the Hlotse River during low flow periods to supply enough water to meet the current and future demand forecasts, as well as the instream flow requirements to maintain ecological functioning downstream of the intake point. This means that flows during winter and droughts will have to be augmented with water transfers from Katse Dam (part of the Lesotho Highlands Water Project (LHWP) through an existing tunnel, into the upper reaches of the Hlotse River.

An environmental impact assessment (EIA) was compiled during 2010 by SSI, based on their 2008 feasibility study and design. The EIA report was externally reviewed and found to be satisfactory. Gaps in the design studies related to the lack of consideration of climate change in flow estimates and the need to augment water in the Hlotse River during low flow periods, thus these were not reflected in the EIA as well. In 2016, SMEC undertook further engineering design studies to optimise the scheme and factor in climate change scenarios. The scheme was also expanded to include water transfers into the Hlotse River from the Katse Dam. A new ESIA was then undertaken by Aurecon in 2018, based on 2016 design studies.

Figure 1: Location of water demand zones within the Lowlands Region of Lesotho. 5

1.2 Purpose of the Addendum ESIA

This document is prepared as an addendum to the existing ESIA of the Lesotho Lowlands Bulk Water Supply Scheme (2018). The information in this Addendum is intended to address additional comments by the World Bank following the approval of the Final Lesotho Lowlands Bulk Water Supply Scheme ESIA by the Department of Environment. This Addendum should be read in its entirety and in conjunction with both the Final Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) ESIA.

The following World Bank Comments are addressed in this addendum:

a) ESIA needs to be publicly consulted (including with downstream users) and results of the consultations to be reflected in the final version of the ESIA that will be disclosed prior to appraisal.

b) ESIA needs to reflect: i. Latest/updated baseline data on water quality (ESIA has outdated 2007 baseline data. ii. results of the quick inventory on the downstream uses/users of the Hlotse River below the intake (O.P 7.50) iii. due diligence on the implementation of the ESMP for the Katse dam iv. reference to dam safety assessment and preparation of plans, including remedial measures, for Katse dam in the ESIA v. implementation arrangements: need to spell out in more detail the environment, social and health & safety staffing of the PIU, the contractor and the Construction Supervision Consultant

2. ESIA and RAP Public Disclosure The public disclosure of the ESIA and RAP was done through publishing of public notices in the local newspapers, displaying of these notices in the offices of the Principal and local chiefs, District Administrators (DA), District Community Secretary (DCS) as well as Community Councils. The final ESIA and RAP documents as well as their Sesotho Summaries were also delivered to these offices for access to the communities. These notices were published on the 24th January 2019 and the communities were given 30 days to comment on the ESIA and RAP.

Further community gatherings were held from the 4th to the 14th February 2019 in all project communities. In areas where by community properties are going to be affected asset verification was also done. Error! Reference source not found. reflects the areas consulted for asset verification and community gatherings within the project area while Table 2 reflects community gatherings without asset verification. 6

Table 1: Communities in which Assets were verified

Community Village Venue Date Time Council Phuthiatsana Ha 'Mamathe Moreneng 04/02/2019 09:00 am – 12:00pm Hleoheng Hleoheng Moreneng 04/02/2019 02:00 pm – 4:00pm Hleoheng 'Muela Ha Setho Moreneng 04/02/2019 02:00 pm – 4:00pm Maputsoe Urban St Monica's Moreneng 05/02/2019 09:00 am – 12:00pm Maputsoe Urban Ha Maqele Moreneng 05/02/2019 09:00 am – 12:00pm Maputsoe Urban Ha Nyenye Moreneng 05/02/2019 02:00 pm – 4:00pm Maputsoe Urban Seretse Khama Moreneng 05/02/2019 02:00 pm – 4:00pm Maputsoe Urban Mpharane Moreneng 06/02/2019 09:00 am – 12:00pm Litjotjela Tsikoane Moreneng 06/02/2019 09:00 am – 12:00pm Hlotse Urban Leralleng Moreneng 06/02/2019 02:00 pm – 4:00pm Hlotse Urban Matukeng Moreneng 06/02/2019 02:00 pm – 4:00pm Hlotse Urban Sebothoane Moreneng 07/02/2019 09:00 am – 12:00pm Hlotse Urban Lequtsung Moreneng 07/02/2019 09:00 am – 12:00pm Hlotse Urban Lisemeng 1 Moreneng 12/02/2019 09:00 am – 4:00pm Hlotse Urban Khanyane Moreneng 07/02/2019 02:00 pm – 4:00pm Konkotiea Hlotse Urban Khanyane Moreneng 08 /02/2019 09:00 am – 12:00pm Hlotse Urban Sebothoane, Moreneng 08 /02/2019 09:00 am – 12:00pm Mahana Puso Hlotse Urban Bonamelo, Moreneng 08 /02/2019 02:00 pm – 4:00pm Sebothoane Hlotse Urban Sebothoane Joy Moreneng 08 /02/2019 02:00 pm – 4:00pm Hlotse Urban Sebothoane Ha Moreneng 07/02/2019 02:00 pm – 4:00pm Mphuthing

Table 2: Communities gatherings

Area Date Attendance Ha1. Peete 04/02/2019 44 Matukeng1. 04/02/2019 55 Peka2. 11/02/2019 84 Ha3. Letsie 11/02/2019 72 Ha4. Makhata 10/02/2019 51 Nkoeng5. 10/02/2019 67 Makibinyane6. 10/02/2019 65 Mahobong7. (Koporasi) 10/02/2019 89 Lesiamo8. 09/02/2019 94 Setene9. 09/02/2019 87 Likhakeng10. 09/02/2019 64 7

Ramapepe11. 09/02/2019 117 Khanyane12. 07/02/2019 49 Mpharane13. 06/02/2019 105 Hlotse14. 07/02/2019 70 Tsikoane15. 06/02/2019 87 Hleoeng16. 04/02/2019 113 Tabola17. 11/02/2019 75 Kolonyama18. 11/02/2019 28 Mohlokaqala19. 12/02/2019 89 Ha20. Nchee 12/02/2019 51 Pitseng21. (london) 12/02/2019 90 Maputsoe22. (Mathata) 12/02/2019 38 Maputsoe23. (St Monica) 05/02/2019 54 Mamathe24. 04/02/2019 123 Baking25. 13/02/2019 40 Mokomahatsi26. 13/02/2019 43 Mphele27. 13/02/2019 22 Tsekelo28. 13/02/2019 56 Kolojane29. 14/02/2019 128 Corn30. Exchange 14/02/2019 42 TOTAL 2,192

2,192 community members in the project area were consulted and informed about the findings of the ESIA and the RAP. Also, a copy of the Sesotho ESIA and RAP summaries were circulated.

The communities were concerned on the process to be followed with regard to compensations, and discussions largely focused on related issues. The following issues were raised:

❖ Compensation Process to be followed: LLWSSU Officers indicated that compensation processes will be carried out in accordance with the RAP or RPF where activities are not fully designed for the relevant activities. It was explained that implementation of the RAP and RPF ensure that all affected assets are properly identified, verified, numbered, measured, mapped, valued, documents and witnessed on appropriate forms and that compensation will be paid before construction of assets can commence in accordance with these instruments. The compensation process will be done in the presence of the owners and/or users, Adjudication Teams, local chiefs and relevant Community Councils and LLWSSU Officers. The signed forms will be the basis of compensation entitlements and payments.

❖ Compensation rates to be used: LLWSSU indicated that the rates will be determined as provided in the RAP and RPF. 8

3. Environmental Flow Requirement and Water Quality for Hlotse River

The EFR study for Zones 2 and 3 was conducted in 2008 as part ESIA Report. In line with the time that has lapsed this necessitated the update as part of Lesotho Lowlands Water Supply Scheme: ESIA 2017. However, this was not accomplished due to short time that was given to the consultant. Provisions have been included under the project to carry out an Instream Flow Assessment based on updated data, a decision support system to monitor the implementation of the EFRs and ensure an appropriate adaptive management framework capable of modifying operations to ensure sustainability of the downstream environment. Accordingly, a consultant will be engaged to complete the work as necessary and develop the EFR policy as well as determine the EFR. (Annex 1: The TORs for EFR Assessment and Water Quality Modelling Consultancy). The Environmental Flow Requirement assessment will be carried out prior to construction of the water intake and water treatment works, and this requirement has been included as a legal covenant under the project.

The consultancy will also develop water quality model to determine the impact of water release from LHWP system in Hlotse River. The study would further strengthen the collection of water quality data and populate the water quality database situated at the Department of Water Affairs (DWA). It is expected that the consultant will work hand in hand with the Department of Water Affairs as a custodian and implementer of the study recommendations. Due to current capacity constraints within DWA regarding data collection and management, the consultant is also expected to identify capacity needs/gaps and recommendations including cost estimates that can be included in the institutional strengthening PDO.

For a significant period of time DWA has not been collecting water quality data including sediment load in the Hlotse river due to limited capacity. For the purposes of this project DWA has resumed data collection since October 2018 on a monthly basis. The preliminary results indicate that the general quality of water falls within the set national and international standards (see Annex 2: Preliminary Water Quality Variables). However, anomalies are observed in the analysis of Nitrates, Manganese and Aluminium in the month of October 2018. The observed anomalies will need to be verified by the EFR consultant. The phosphates are observed to be above both the recommended national and international water quality standards. Up to now DWA has not been able to collect and analyse sediment load data.

Water quality monitoring in the LHWP reservoirs and their inflow rivers is undertaken on a quarterly basis. The 2016/17 Annual Report indicate that the water quality analysis results show an improvement in the concentration of nutrients especially nitrate and phosphates. The concentration of chlorophyll a. remains a concern as concentration increased especially upstream of Katse Dam. This is due to nutrients received from mining activities upstream of Malibamatso 9 river and LHDA is undertaking to reinforce efforts and involvement of Authorities in Lesotho and companies carrying out mining operations to address the situation.

4. LHWP Environment and Social Due Diligence 4.1 Environment and Social Institutional Arrangement and Capacities

The Lesotho Highlands Development Authority (LHDA), the body charged with the responsibility of overseeing the implementation of the Lesotho Highlands Water Project (LHWP) on behalf of the Government of Lesotho (GoL) has a well-structured Environmental and Social Management System (ESMS) comprising institutional arrangements, policies and procedures. The LHDA’s Environmental Policy (2016) provides a structured framework for the systematic management of environmental and social aspects and impacts of all the LHWP Phases, inter alia, Phase IA; Phase IB and Phase II of the LHWP in compliance with the national, LHDA Directives, LHWP Treaty and the LHDA Order as well as international regulatory requirements including the World Bank Safeguard Policies.

The LHWP Treaty and the LHDA Order of 1986 make it mandatory for the LHDA to ensure appropriate management of natural resources and the communities living within catchments affected by the Project activities during the planning, implementation, operations and maintenance phases. More specifically, under Articles 7(22) and 15 of the Treaty, LHDA and the governments of Lesotho and South Africa are obliged to conserve biodiversity in the Project areas, effect fair compensation to Project Affected Persons (PAPs) and sustainably restore the livelihood of PAPs. In addition, these articles make provision for the LHWP to be implemented, operated and maintained taking cognizance.

A suite of environemntal and social management safguard policies and instruments have been developed to ensure that the LHDA fulfils its mandate of safeguarding the environemnt and PAPs in its activities. These include:

• Maloti Minnow Conservation Policy; • Regulations for Management of Fresh Water Aquaculture in LHWP Reservoirs; • LHDA Instream Flow Requirements Policy; • LHDA Compensation Policies (Phase I and Phase II); • Environmental Policy; • Environmental and Social Impact Assessments and related Environmental and Social Management Plans for the various Project activities; • Environmental Action Plans; • Environmental Awareness and Education Programme; • Environmental Monitoring and Auditing; • Stakeholder Engagement Guidelines; • Cultural Heritage Management Plan; • Social Development Plans and Livelihood Restoration Programme; and • Resettlement Action Plans 10

LHDA has in place an organizational structure which ensures that all reasonable measures are put in place to ensure the sustainable management of biophysical and socio-economic environment in the implementation, operation and maintenance of the LHWP. The Social Development and Environment Division headed by the Division Manager, Social Development and Environment is staffed with multidisciplinary teams of experienced and qualified environmental and social safeguards specialists. These include Resettlement Officers; Compensation Officers; Community Participation Officers; Social Development Officers; Curators; Public Health Officers; Biodiversity Officers; Water Quality Officers; Aquatic Systems Officers; Fisheries and Aquaculture Officers; Biologists; GIS Officers; Data Management Officers and Surveyors.

4.2 Structural integrity of the associated Lesotho Highlands Water Project (LHWP) Infrastructure

The LWHP Treaty (Article 4) and protocols allows for storage and draw down of water by Lesotho from the LHWP system through the Hlotse Adit into Hlotse River. Annually the Government of Lesotho can draw down up to 5 MCM from the storage of which 25% is allocated to the environment flows of the Muela River. Thus, the net quantity of water that can be utilized by Lesotho and released into Hlotse River is 3.75 MCM per annum. The treaty also allows accumulation or banking of unused annual allocation up to a maximum storage of 15MCM which can be drawn down when required. The draw down is through releases from Katse Dam via a tunnel connecting to Muela dam – Hlotse Adit. Operational rules and planning for the releases from the LHWP will be refined including possible expansion of the water release and conveyance system that has been installed at the Hlotse Adit especially for the Hlotse River.

The LHWP has put in place the programme of action to manage the safety issues for the infrastructure including Katse and Muela Dams. The programme of action is articulated in two LHWP documents: Emergency Preparedness Plans for Katse and Muela and Dams Safety Interim 10-year Panel of Experts (POE) Review Report the latest in 2018 (Annex 3 and 4). Noteworthy is that LHWP funding and governance are the joint responsibility of the Governments of Lesotho and South Africa. Furthermore, the water transfer component and conveyance tunnels including their operation and maintenance are responsibility of South Africa while the hydropower component is the responsibility of Lesotho. The issues raised in the POE Report and EPP are being implemented by the Lesotho Highland Development Authority (LHDA) and therefore cannot be addressed under the LWDP II.

Monitoring of the Dam Structures: There are 1 277 specialised instruments installed in all LHWP dams: 965 at Katse Dam; 132 at ‘Muela Dam. The primary functions of these instruments are to monitor the behaviour of these dams including measuring displacements, strains, stresses, pressure, temperature as well as leakages. Since their installation as early as the first impoundment, these instruments have since 11 been continually monitored and old instruments been replaced with new ones. The 2016/17 Annual Report states that a number of these instruments have been upgraded and replaced and the current availability stands at 97.8% for Katse Dam. There are 6 Seismic monitoring stations installed at Katse dam. During the reporting period, no major earthquakes occurred at either Katse or Muela Reservoirs. In general, the optimal performance of all dam structures was maintained throughout the reporting period (2005 Annual Report).

5. Downstream Users Under the proposed project a new water treatment plant with a capacity of 25ML/d will be constructed to meet demands in the project area up to 2030 on the Hlotse River (which is a tributary to the Mohokare/Caledon River, border between RSA and Lesotho). The location of the intake and the treatment works is approximately around 7 kilometres upstream of the confluence of the Caledon and Hlotse Rivers. The proposed water treatment plant will be 10km east of Hlotse Town. The assessment seeks to assess the impact of water abstraction for the proposed LLWDP II on the flows downstream of the proposed intake point. To carry out this assessment, a survey of the water uses between the intake and the tributary with the Mohokare/Caledon River was done on the 4th December 2018 and the water balance approach was adopted to determine the downstream flow beyond the proposed intake point. A more detailed EFR assessment will be carried out during EFR Assessment and Water Quality Modelling Consultancy. The Hlotse river between the intake and the confluence with the Caledon is used by the local people for small scale irrigation purposes and livestock watering. At the moment, there is currently an intake and treatment works operated by WASCO which abstract around 1.8 ML/day to supply the town of Hlotse which is meant to be augmented under the new LWDP II as it is no longer meeting the demands for Hlotse which are estimated around 4ML/day. Hlotse River is one of the tributaries of the Caledon River which forms the boundary between Lesotho and South Africa. The average mean annual run-off for Hlotse is 148. 55 MCM, and the mean annual run-off for Mohokare/Caledon is 487. 28 MCM. The Caledon River is also used downstream by Lesotho to supply Maputsoe, Peka and some parts of Maseru with water. It should also be noted that some bordering towns of South Africa such as Ficksburg, Ladybrand, and Bloemfontein are also supplied with water from the Caledon. In addition, there are several irrigation schemes on the South African side that draw the water from the Caledon. It is recommended that the Consultancy for EFR Assessment and Water Quality Modelling would consult the Orange/Senqu River Basin Commission (ORASECOM) Secretariat for detailed information regarding uses and users beyond the Hlotse/Caledon confluence. The following figures show some of the water uses along the Hlotse River just before it joins the Mohokare/Caledon River.

Fig. 1 Confluence of Hlotse and Caledon Fig. 2 Small scale irrigation downstream of intake

Fig. 3 Animals drinking water downstream of intake 13

Fig 4. Recreational use by young boys and girls

There are no recognisable fishing activities taking place on the Hlotse River downstream of the intake. During the quick survey undertaken by LLWSSU, the herd-boys met grazing the animals along the river indicated that fishing occurs during high flows only at the confluence of Mohokare and Hlotse Rivers, and only during at that period that few people who are interested do fishing. The LLWSSU team also observed no fishing activity at the time of survey which also confirms the response of the local people.

6. Riparian States Notification Processes (OP7.50) Pursuant to Article 7 Paragraph 7.5 of the ORASECOM Agreement of 2000, the Government of Lesotho notified the riparian States of the Orange- Senqu River Basin Commission on the planned Lowlands Development Water Project Phase II to seek their “no objection” in September 2018. The Agreement requires that the notified Member States respond to the notification within six months. It was only the Botswana which gave Lesotho a “no-objection” within a month of notification while Namibia and South Africa sought further clarifications on the Project to be implemented before issuance of a “no objection”.

On the 6th of March 2019, Lesotho delegation met with South African delegation to clarify the issues of concern. The outcome of the meeting was that Lesotho should send additional information as an addendum to the notification letter within the week beginning 11th March 2019. South Africa assured to complete all the internal process and issue a “no objection” before the end of March 2019. 14

Lesotho delegation also met the Namibian delegation in South Africa on the 7th March 2019 to discuss their issues of concern regarding the notification. The outcome of the meeting was that Namibia will continue internal consultations and respond before the end March 2019. The information requested by South Africa will also be shared with the other Riparian States. The expiry date for the notification process based on the Orasecom Agreement is March 17, 2019. 7. PIU, Construction & Supervision Consultant and Contractor Structure Social, Environment, Health and Safety Institutional Arrangement

7.1 PIU Social, Environment, Health and Safety Structure

The Safety, Health, Environment and Social Section will consist of the following officers/specialists:

7.1.1 Environment and Social Impact Manager

The Environment and Social Impact Manager will lead, guide a multi-disciplinary Environmental and Social Management Section to ensure implementation of the Environmental, Social, Health and Safety Management Programme.

7.1.2 Community Relations Manager

The Community Relations manager will lead and guide Communication Section to ensure efficient information dissemination to the communities and other stakeholders as well as implementation of the Grievance Response Mechanism.

Environment and Social Impact Manager

Compensation & Environmental Social Safeguards Health and Safety HIV/AIDS Officers Resettlement Officer Officer Officer Officers

Figure 1. Environmental, Social, Health and Safety Management Section

Community Relations Manager

Community Liaison Officers GIS & Data Base Operations Officers

Figure 2. Communication Section Structure

7.2 Design & Supervision Social, Environment, Health and Safety Structure

The Design and Supervision Consultant will to oversee the overall implementation of the project as well as compliance with the ESMP. Within the Design and Supervision Consultant’s organisation the day to day management of environmental, social, health and safety matters should be the responsibility of an Environmental Manager (EM). Therefore, Environmental Manager shall be responsible to monitor and enforce the implementation of the ESMP and Health & Safety Plans by the Contractor.

Design & Supervision Consultant's Manager

Environmental Manager

Figure 3. Design & Supervision Consultant Social, Environment, Health and Safety Structure

7.3 Contractor Social, Environment, Health and Safety Structure

The contractor will be responsible for the implementation of all environmental, health and safety impact mitigation measures as contained in the ESMP. However, as the Contractor will have some discretion as to how the requirements of the ESMP will be met, the Contractor shall prepare construction method statements and Safe Work Procedures to ensure that the effective environmental, health and safety impact mitigation measures form a part of all activities on the site. In order to achieve this the Contractor should establish the following positions in its organisation. The contractor will appoint a full-time staff officer on site as environmental representative, known as the Contractor’s Environmental Compliance Officer (ECO). The ECO will be responsible, on behalf of the Contractor, to ensure that the ESMP is implemented and complied with on site on a daily basis, as well as conducting monitoring as required.

The Contractor will also appoint a full-time officer on site as Contractor’s Health and Safety Officer (CHSO). The CHSO will formulate aa well as coordinate health and safety systems on site. The CHSO will identify hazards and assess risks to health and safety, put appropriate safety controls in place, and provides advice on accident prevention and occupational health to management and employees.

The contractor will also employ a representative from the local communities as Contractor’s Community Liaison Officer (CLO). The CLO will interact with the surrounding communities on behalf of the Contractor and act as a link between these communities, and the Contractor to identify key issues and concerns within the community, as well as identify and communicate grievances, and keep a complaint register. The CLO will also foster community involvement and sense of ownership of the project through dissemination of project information and organising and facilitating community meetings.

Contractor's Manager

Contractor’s Environmental Contractor's Health and Contractor’s Community Compliance Officer Safety Officer (CHSO) Liaison Officer (CLO) (ECO)

Figure 4. Contractor Social, Environment, Health and Safety Structure

Annex 1: Terms of Reference for Environmental Flow Assessment (EFA) and Water Quality Modelling within the Lowlands Water Development Project Phase II (LWDP II)

1. INTRODUCTION AND BACKGROUND

The Lowlands Water Development Project Phase II (LWDP II) is being developed by the Government of Lesotho (GoL) with the support of the World Bank and European Investment Bank/European Union. This Terms of Reference (TOR) document relates to the appointment of a consultanting firm (the “Consultant”) to carry out: 1) the Hydraulic/Hydrological Study, 2) Aquatic Biodiversity Data Review and Field Survey, and 3) Environmental Flow (EFlows) Assessment and accompanying services.

The Lowlands Water Development Project Phase II (LWDP II) will support critical water infrastructure investments and strengthen local and national institutions and service providers to ensure sustainable water services in the prioritized areas of Zones 2&3 (Hlotse and Maputsoe) and Zones 6&7 Mafeteng and Mohale’s Hoek). The Proposed Development Objectives (PDOs) are to: (i) improve access to reliable domestic, industrial and institutional water supply services in the priority zones; and (ii) Project Management and Institutional Capacity Building, (iii) improve technical and financial performance of the ‘Water and Sewerage Company’ (WASCO) and (iv) Contingent Emergency Response Component (CERC).

Historically, the supply of water to urban areas in the Lowlands has come from river extraction and pumping from underground sources. An increase in the urban population and commercial activities in the Lowlands and resulting higher demand for water access and supply has subsequently exerted pressure on the capacity of water resources and water supply facilities. This has been a major constraint to continued economic growth in the country (World Bank, 2016). The proposed project aims to address the water-related challenges by improving water supply to the Lowlands settlements with populations more than 2500 for domestic, institutional and industrial purposes. The project also introduces a bulk-treated water supply system and distribution networks that are technically, economically, socially, environmentally and financially viable for the Lowlands region. Under the Main Program of Lesotho Lowlands Water Supply Scheme, preliminary designs of five treated bulk water supply schemes serving eight designated water demand zones falling into three regions, namely: Northern, Central and Southern Regions (Figure 1) were completed in 2018.

LWDP II component supported by the World Bank will support the implementation of critical bulk water infrastructure in Zones 2 and 3 (Hlotse and Maputsoe) accompanied by improvements to the distribution systems and implementation of low-scale sanitation and hygiene measures. This project is located in the North-Western parts of Lesotho, approximately 83 km and 73 km north of Maseru (Figure 1). LWDP II will support activities to strengthen water sector institutions’ ability to promote and operate in an efficient manner. Works to be carried out include (i) a river intake structure on the

Hlotse River; (ii) a water treatment plant (WTP), (iii) reservoirs, (iv) pumping stations, , and (v) transmission mains and associated infrastructure. This will include rehabilitation and construction of distribution networks in Hlotse and Maputsoe towns and nearby settlements.

Severely affected by seasonal variations, the Hlotse River has previously been seen to naturally run dry during the dry season. The planned abstraction from the Hlotse River by the water intake is marginally greater than recorded low flows in the river. In the event of a low flow scenario, the water resources in the stream will need to be augmented by discharge from the upstream Katse dam via the Hlotse Adit (Figure 1) as the abstraction may have negative effects downstream of the inlet. Augmenting flow releases from the Katse dam have previously taken place during drought conditions (in years 2015 and 2018).

The Water Commission determined a need for an Environmental Flow Assessment (EFA) for the affected Hlotse River within the project area of the proposed Zone 2 and 3 of the LWDP II (Figure 1) as augmented by the Katse dam.

Figure 1. Project area locations, left) the division of project zones (see zone 2&3 marked by red circle), right) Hlotse IFR sites and water abstraction points (ESIA, 2019).

1.1 Related Studies 1.1.1 Environmental and Social Impact Assessment and EFR study An initial Environmental Flow Assessment (EFA) was carried out in 2008, with preliminary updates as part of an Environmental and Social Impact Assessment (ESIA) for the project in 2018. The 2008 report was externally reviewed and found to be satisfactory. Gaps in the studies were related to the lack of consideration of climate change in flow estimates and the need to augment water in the Hlotse River during low flow periods. In 2016, SMEC undertook further engineering design studies to optimize the scheme and factor in climate change scenarios. The scheme was also expanded to include water transfers into the Hlotse River from the Katse Dam. A new ESIA was then undertaken by Aurecon in 2018, based on 2016 design studies. The studies considered a single site that was selected to represent the Hlotse River downstream of the proposed abstraction point. The results of the EFA concluded that the current ecological condition of the Hlotse River

21 has been changed from natural conditions. This was principally due to the increased sedimentation caused by human activities such as removal of riparian vegetation and cultivation worsened. An anticipated Environmental Flow Requirement (EFR) of 10.1 (%) of low flow MAR was estimated to allow the river to be maintained under its current ecological category of “moderately modified” (Class C rating).

A decade after the initial EFA (2008) was carried out, the EFR was updated by Aurecon (2018) during the ESIA process to incorporate additional information gained using a similar methodology. The updated assessment concluded that 16.8% of low flow MAR was calculated to maintain an Ecological Category C river (i.e. in its current slightly modified condition). The water resources assessment conducted within the ESIA concluded that sufficient water is available if augmented by an inter-basin transfer from the Katse dam, via the existing Transfer Tunnel and Hlotse Adit, during dry periods. It was determined that 3.75 million m3/year is available in the Katse dam, with an additional maximum of 15 million m3 stored in the Katse dam available for use by Lesotho upon request, for augmenting flow in the Hlotse River.

1.1.2 Water Quality Studies An initial water quality assessment was conducted as part of the ESIA for the LWDP II. This study comprised a water quality survey on the Hlotse River, over a period of March 2007 to June 2008, with supplemental data from two sampling events in October 2018. The limited water quality data available for assessment of the Hlotse River indicated higher levels of iron and manganese in the river, which could still be related to naturally occurring processes. High sediment yield is also noted. It was recommended that a water quality monitoring program be designed with the objective of enhancing optimal management and water treatment processes.

The main operational impacts of abstracting water from the Hlotse River on downstream flows and users can be mitigated by transferring water from the existing Katse Dam. Releases from the Katse dam have previously occurred (in 2015 and 2018) and so any potential impacts on the ecology, water quality and hydrology of the Hlotse River may have already taken place. However, due to the lack of information on the water being transferred and the receiving ecosystem of the upper Hlotse, this could not be concluded.

2. RATIONALE

The Environmental Flow Requirements (EFR) study that was carried out as part of the ESIA for the LWDP II confirmed that the Hlotse River is already impacted by human activities and in a ‘modified’ state. The study further expressed concern that the planned water abstraction from the Hlotse River would result in the alteration of the river flows at sections downstream with subsequent environmental and social impacts. Mitigation measures including compensating water releases from the Katse dam have been proposed. However, data collected during ESIA studies are considered to be inadequate, particularly the inventory of downstream uses and users, as well as the water quality data. Furthermore, previous studies have recommended the need to establish an EFR Monitoring Program in the Hlotse River.

3. OBJECTIVES

The main objective of the assignment is to develop an EFR management strategy for the Hlotse River to mitigate the impacts of the planned water abstractions for the LWDP II, and maintain or improve the ecological condition of the River. The assignment shall build and expand on information collected during previous EFR studies (2008 and 2018) and take into account ecosystem services and downstream uses/users of the water intake, current and future uses of the Hlotse River. This study is aimed at: 1) confirming whether the currently proposed EFR of 16.8% of low flow MAR is adequate to assure no-net loss (NNL) in aquatic and riparian ecosystem as well as to ensure safety for downstream communities and users / or identifying an acceptable flow regime that will present scenarios that continue to allow operations while at the same time assure people’s safety and continuous use of Hlotse river by downstream users as well as NNL in the Hlotse River; and 2) better defining the magnitude and extent of the impacts (geo-morphological, social and ecological) of the planned operation, with an emphasis on key ecosystem services, migratory fish and invertebrate species, and the downstream users, if any. The EFA is also aimed at mitigating, as much as technically and economically feasible, any detrimental impact on people, the aquatic and riparian habitats and ecosystems services provided by this river basin. The study should describe the present environmental and social condition / integrity of the river ecosystem, and be able to predict how this condition could change with the suggested augmenting flows from the Katse dam.

4. TASKS

4.1 Data Collection, Review and Study Planning

The Consulting Firm will:

(i) Existing knowledge & data: Gather and review existing studies and available data to understand the project area and activities, as well as spatial imagery and remote sensing and other information available for each activity to understand the social and environmental setting and determine potentially sensitive areas or areas of concern where the study may need to focus further to reduce uncertainties. Review the existing knowledge about the host river system, describe its current state or condition, and identify the ecological attributes, key features of sensitivity and potential main issues with both upstream and downstream reaches of the river. Review and evaluate the biodiversity data collected for the project ESIA to 1) determine if sufficient baseline biodiversity information has been collected, and 2) identify gaps in data that are needed for the EFA. Consultant will also review the social uses of the selected river stretch and the level of dependence of riparian and nearby communities on ecosystem services provided by the

river, and 3) identify main types of aquatic ecosystems and socio-economic uses likely to be affected by the proposed project. (ii) Preliminary selection of ‘EFA sites’: Based on information available and taking into consideration already identified sites, the review will confirm / identify possible representative study sites/reaches to represent the aquatic ecosystems, and the socioeconomic and cultural uses, likely to be affected by the intake (EFA site locations). Delineate socially and morphologically uniform zones along the river to facilitate the selection of study sites/reaches along the river. These verifications and selections of other potential EFA sites could be adjusted during survey / as appropriate. A minimum of one (1) cross- section every 2,000m through the Hlotse River, resulting in a minimum of five (5) cross-sections, should be surveyed.

(iii)Preliminary selection of ‘indicators’: Based on information available, the review will identify key biophysical aspects and social uses of the aquatic ecosystems that respond to a change in the flow, sediment or migration routes. Following/during the gap-filling surveys amendments to the choice of indicators may be made. The Consultant will develop preliminary relationships between the indicators and flow based on existing information. (iv) Needs Assessment: As a result of this initial desk-based task, the Consultant will perform a need assessment and confirm the adequacy of the originally proposed project and field teams, and restructure accordingly the needed relevant disciplines. The Consultant should confirm its ability to collect the remaining information / data to produce a medium resolution EFA.

4.2 Surveys The Consulting Firm will undertake detailed surveys in accordance with international best practices, and shall provide the following data for the Hlotse river upstream and downstream of the water intake: a) Species Richness: Document and identify the species of fish, aquatic invertebrates, aquatic plants and riparian vegetation species. Mammals, reptiles, amphibians and bird species observed during the survey. Detailed fish collection surveys should be undertaken preferably during different times of the year, specifically during the spawning period. b) Water quality: Measure and evaluate water quality including physical parameters as well chlorophyll a. Proposed parameters are attached as Annex 2 to these TORs and will need to be verified by the Consultant. c) Abundance/biomass of benthic organisms: Assess the relative abundance and biomass of macroinvertebrates and periphyton to provide information on productivity of the river and food availability for larger organisms. d) Migratory fish or invertebrate data: Determine which fish or macroinvertebrate species move through the project area and map where and when they live and move/migrate, as well as their ecological or conservation status. e) Riparian fauna and flora: Determine which riparian animals and plants may depend on a stable river shoreline for their daily routine or for key components of their life cycle.

f) Diet and habitat use: Determine the diets and preferred habitat of key species to develop a species profile for the EFA. g) Indicators: Confirmation of key species or other biophysical aspects of the aquatic ecosystem to be used as indicators of flow and sediment related changes in the EFlows assessment. Include identification of endangered species. h) Habitat classification: Document habitat types (upstream and downstream). i) Hydrology and hydraulics: Document areas of boulders, intermittent stream pools or obstructions in lotic and lentic areas. Determine the river bed contours, water depth and levels. A longitudinal profile of the river bed and water level should be surveyed along the whole Hlotse river stretch with water levels given at each cross section, with date and time of measurements. Flow measurements should be made at suitable locations to calibrate the hydraulic model based on the survey data. In addition, observations of the river bed material should be noted to provide guidance for setting up the hydraulic model. j) Images: Pictures of both river banks shall be taken at each cross section to provide information on the vegetation, and land cover soils. k) Socio-economic data: Screen and identify key socio-economic impacts in relation to ecological flow requirements in terms of land use, uses of the river by communities, ecosystem services, safety, and sites of cultural importance to communities. Document key social values, such as land and ecosystem use, local fishing practices, type of uses of the river by communities, siting of communities, cultural and traditional sites, recreational and tourism sites/activities. Consideration should be made of the reduced river flows due to the abstraction and the effects on the downstream users of the Hlotse River and those near the confluence between the Hlotse and Mohokare Rivers in Lesotho and South Africa.

Field Survey: Perform field sampling campaigns to fill in any data gaps and data requirements for the EFA, and in consultation with the GoL, the World Bank, and other stakeholders. Given the paucity of ‘current’ data on aquatic biodiversity and distributions in the Hlotse River, a field survey of the Hlotse River as well as of aquatic habitats and downstream areas will be needed. Data forms are to be used to record dates, times, sample site coordinates, habitat characteristics, biological data, and any other data that will contribute to goals of the assignment. a. Survey Team: The survey team should include a biologist with knowledge of the aquatic habitats of the Southern African region, water quality specialist, geomorphologist /sedimentologist, botanical ecologist, macroinvertebrate ecologist, fish ecologist, mammalogist, other biological specialists as appropriate, and a social specialist with experience in peri-urban/rural livelihood assessment. b. Survey Timing: The field survey of each of the Environmental Flow Assessment (EFA) sites/reaches should be conducted to cover all seasons including during low flows. It is also anticipated that there will be special data collection of targeted special hydrologic events such as storms and floods. The storms and floods will be

targeted because the regular monthly monitoring might not provide sufficient information on the sediment load and water quality dynamics during these events. c. It is preferred that the initial field survey should be conducted between May – August 2019, following the end of the rainy season. The survey length will depend on the size of the team, the number of sites, and the extent of data gaps to be filled in order to sample at least the target areas. d. Survey Areas: The Consultant will carry out a survey from Hlotse Adit to the Hlotse-Caledon confluence (approximately 7 km) on the Hlotse River. Possible survey sites include at least sampling sites in each of the following areas: a) Upstream of intake site; b) Outflow from the Hlotse Adit; c) Downstream of intake site; d) Caledon river confluence; and e) Other areas of interest as may be determined. LHDA is carrying out surveys in the Katse dam and information will be provided to the Consultant during the study.

4.3 Hydrological Assessment

The Consulting Firm will: (i) Hydrological time-series: Daily flow series for the proposed intake location and the intermediate catchments (EFA sites) need to be acquired, through transposing from similar catchments or other means, to estimate the total flow series available. The Consultant will review earlier assessments (feasibility study hydrologic analysis, as well as the water resources assessment conducted during the ESIA etc.) and conduct a hydrologic assessment which includes: a) Determining using appropriate hydrological approach the hydrological time-series to Hlotse basin; b) Detailed approach for extending the daily/weekly baseline flow series up to 2018 and transposing the intermediary basin flows to the EFA site; and c) daily/weekly flow series and flow duration curves for Hlotse River and intermediary basin flows within the hydraulic model boundaries and every EFlows site. Assist the hydraulic specialist in selecting and defining the appropriate hydrological scenarios in the hydraulic model. (ii) Water resources assessment: Confirm the water resources assessment conducted during the ESIA, considering the additional knowledge and data gained, as well as the expected use of the water stored in Katse dam.

4.4 Water Quality

The Consulting Firm will:

(i) Construct water quality model: Prepare a provisional water quality model of the Hlotse River including water from Hlotse Adit with the aim of avoiding poor water quality supply as a result of releases. Current water quality and sediment: discharge relations must be modeled using available data and data collected during the course of the assignment. It should be noted that There is already an approved Protocol on water releases from LHWP by the two countries and the releases will follow this protocol. The Government of Lesotho

is entitled to indicate how much and for long the agreed releases may be in accordance with the needs. (ii) Water quality assessment: Confirm the water quality assessment conducted during the ESIA, considering the additional knowledge and data gained, as well as the expected use of the Katse dam. Assess the impact on water quality of proposed operation, especially during low flow periods.

4.5 Hydraulic analysis

The Consultant will

(i) Hydrodynamic model: Establish a hydrodynamic model to route flows along the Hlotse river stretch, so as to evaluate flow and water level fluctuation attenuation. A HEC-RAS, Mike or RMA, or equivalent model should be prepared and calibrated to accurately model the downstream flow. The modelling approach to be defined by the Consultant should be developed with the following consideration: a) The upstream boundary limit will be the Hlotse Adit where the augmenting hydrographs will be specified; and b) The model downstream boundary should be located near the Hlotse-Caledon confluence where a stage discharge relationship can be established based on reliable data or acceptable assumption. (ii) Hydraulic study: Carry out hydraulic studies as necessary to support the EFA by performing at least the following cases: a) Calibration model run corresponding to the flow conditions observed during the surveys to confirm the adequacy of the model representation and roughness coefficients; b) Steady flow simulations covering the complete flow range; and c) preliminary results of the eco-hydraulics indicator of the EFlows assessment will be used as inputs to define possible alternate scenario. (iii)Eco-hydraulics: From the output of the hydraulic model, the Consultant will develop for each of the EFA sites a stage-discharge curve derived from the steady state simulation results that can be used to provide ecologically relevant hydraulic parameters (e.g., average velocity, average and maximum depth, wetted perimeter, extent and depth of floodplain inundation as a function of discharge). The Consultant will provide a set of detailed simulation results, including flow hydrographs, water level, velocity, etc. Maps with overlaid charts should be prepared for visual presentation of the results.

4.6 Environmental Flows Assessment

The Consulting Firm will: (i) Approach and assessment method: The assessment method should be selected to provide predictions specific to the concerns in the area (communities, users, habitats or species) and should have: i) reference to a peer-reviewed scientific paper where the method was used or described; and ii) detailed explanation of its relevance for application for the study river. The Consultant should define in the proposal the approach adopted for the assessment. Previous successful experience of Environmental Flows Assessment based on

the DRIFT EFlows Process and DSS (Brown et al. 2013) is noted. If a different approach is proposed, the Consultant should provide a comparison of both approaches outlining the advantages / benefits and disadvantages for the project.

(ii) Indicators: Based on the understanding of the relationships between the riverine ecosystem and flow that will provide the basis for the EFA, the Consultant will identify key biophysical aspects and social uses of the aquatic ecosystems that can be used as indicators of flow and sediment related changes. Select/confirm ecosystem and social indicators that are expected to respond to a change in the flow, sediment, or migration routes. Include stakeholder consultations / engagement as part of the selection process. There are no general guidelines as to what makes an ideal indicator, except the obvious: that they relate to the issue being addressed, encompass the relevant factors affecting the ecosystem, be amenable to quantification in some form, and broadly reflect stakeholder concerns.

(iii) EFA Sites and Indicator Relationships: Select/confirm study sites to represent the downstream and upstream, and aquatic and riparian ecosystems values and services, as well as social uses / safety likely to be affected. For each EFA site/reach describe the relationships between the indicators chosen and the changes in flow, sediment and connectivity associated with the proposed project, as well as possible effects of these changes on people/communities.

(iv) Scenario development: Review the design and operating rules for the water intake together with the Client/design engineers, identify the set of design/operational/climate change scenarios for evaluation in the EFlows Assessment. The Scenarios to model downstream changes will be specified by the Consultant’s Inception Report and may include: a) Current status; and b) options for minimum and maximum daily flow. The scenarios should be chosen so as to incorporate expected release regime mimicking natural flows as far as possible.

(v) Effect of Katse dam flow releases: Assess the effect of the water releases from the Katse dam through Hlotse Adit on the water quality and ecological environment of the (upper) Hlotse River. Considering the Katse dam has been used in previous years to augment the flow in the Hlotse River during low flow dry years, it is conceivable that any alteration of the ecological environment has already taken place. The consultant will provide a comprehensive assessment of the effect of the releases of the Katse dam on the Hlotse River.

(vi) Assessment of the Environmental Flow Requirement (EFR): Analysis to compare operation scenarios for the intake and Hlotse Adit including an assessment of the impact of water level and velocity fluctuations on sediment loads, aquatic and riparian habitats and biota, and ecosystem services / human uses. The predicted changes in the river ecosystem are evaluated per EFA site as estimated mean percentage change from baseline in the

abundance, area or concentration of key indicators. The assessment will predict the change in ecological and social indicators as a result of the proposed project, and the cumulative effects associated with the planned operation.

(vii) Recommend Environmental Flows and Procedures: The Consultant will review and confirm or revise the EFR proposed during the ESIA. The Consultant will recommend operation rules for the water intake and augmenting flow from the Katse dam to mitigate as much as possible detrimental impacts on upstream and downstream ecosystems of the Hlotse River, with the aim of achieving no net loss. The impact of the Katse dam water releases on the biota (fish, invertebrates) of the Hlotse River should be assessed and considered. Seasonality in flows, key indicator species requirement and ecosystem uses should be taken into consideration. If required, the Consultant will propose measures to further mitigate the operation impacts.

(viii) Environmental Flow Management Plan (EFMP): Prepare the requisite EFMP for the suggested management approach and EFR. Based on the environmental flows assessment, the Consultant shall prepare an EFR Policy that concisely sets out the EFR objective and the proposed boundary conditions, revised as necessary in the light of the baseline and follow-up monitoring and modeling. The Consultant shall provide a recommendation/proposal for the EFR management system satisfying the following overall conditions: a) system should be parsimonious, i.e. no more complicated than it has to be to achieve the objective; and b) designed around adaptive assessment. The Consultant will provide confirmation that the proposed operation scenario meets the relevant World Bank Safeguard Policies.

4.7 Monitoring System

The Consulting Firm will:

(i) Assess monitoring system: Review and assess the monitoring system and procedures for the Hlotse River. Conduct a ‘gap analysis’ of the need for improvements to the monitoring system and management. (ii) Design and implement Baseline Monitoring: Based on the data and knowledge gathering, as well as the complementing surveys, the Consultant will establish an environmental and social baseline data set for the Hlotse River. The Consultant will provide an assessment of the current ecological and social status of the aquatic ecosystems and to the extent possible describe historic trends in condition and possible causes thereof, especially the noted previous augmenting releases from the Katse dam to the Hlotse River.

(iii)Design and implement follow-up monitoring: Design and implement a routine river health monitoring program to determine if project EFR is sufficient to meet the hydrological, ecological and user needs. Identify key performance indicators (KPIs) to be monitored on a cost-effective routine basis, and specify any more extensive periodic monitoring that may be necessary to assess attainment of the EFR objective and to inform

adaptive environmental assessment and management. Include in the monitoring system at least: a) daily flows as far as existing infrastructure and circumstances allow; b) monthly water quality with the focus being on selected water quality parameters; c) monitoring of fish species (6-monthly fish abundance and population composition), including the potential impacts of the water abstraction on fish migration; (d) macro-invertebrates community (6-monthly composition and abundance); and (e) any socio-economic issue effected by the EFR. The consultant will prepare a plan for design of the follow-up monitoring including full description of the procedures (data collection, analysis, testing, interpretation, storage and back-up), the resources required (staff, training and equipment), and annual cost of undertaking the monitoring.

The cost of laboratory tests will be covered by provisional sum included in the contract as shown under Form FIN-5: Breakdown of Reimbursable Expenses (Lump-Sum). The Consultant will be reimbursed for actual laboratory costs and percentage fee for overhead and profit as quoted by the Consultant.

5. SUBMISSION OF REPORTS AND SCHEDULES

The various deliverables and time lines listed below must be consistent with the Tasks outlined in this document under Section 4 and shall form the basis for payments. Successful implementation of the contract encompasses complete delivery of the following outputs:

No. Deliverables From the commencement of the assignment (Weeks / Months) 1. Inception Report: The Consultant shall submit an inception Within four (4) report that includes the i) initial findings; ii) a literature review weeks (data review findings and gaps); iii) the proposed methodology; iv) resource allocation; v) a detailed work program; vi) Initial EFA site locations; vii) initial key valued environmental or social components to be used as indicators of impact; and viii) Field survey plan. The report shall provide the methods of designing baseline monitoring and water quality modeling. The report shall also identify constraints and propose solutions, together with any action required by the PIU to facilitate the successful implementation of the service. The shall also include a revises workplan on how the tasks will be undertaken. The Report shall be presented to Stakeholders to be identified by Client in workshop and comments recorded and incorporated as appropriate.

2. Regular Progress Report: The Consultant shall produce Every two (2) progress reports documenting the activities performed in the months period, problems encountered and actions taken or proposed solutions. The reports shall include activities planned for the next period. Specialist Assessments 3. Water Resources and Water Quality Assessment Report: The Within twelve (12) Consultant shall produce a water resources assessment months incorporating the water quality modeling work. The water quality modeling shall include model formulation and assumptions and the results of modeling, and the data. Including a comprehensive assessment of the predicted effect of the releases of the Katse dam on the Hlotse River. The report shall include an assessment to determine the impact of water releases from the Katse dam on the hydrology of the (upper) Hlotse River. 4. Hydraulics Report: The Consultant will prepare a Study Report Within twelve (12 to be used to evaluate the different preliminary EFA eco- months hydraulics indicators. including: a) detailed modelling approach; b) calibration results, parameters and assumptions; c) steady flow results presentation; d) scenario results presentation.

The Consultant will perform the hydraulic modelling for the examined scenarios, compare them and submit the final Hydraulic Study Report including the detailed results in appendix and the model source and output files. 5. Baseline Monitoring Report: The Consultant shall compile a Within six (6) report on the environmental and social baseline dataset produced. months Include the purpose of baseline monitoring, the methods of collecting, analyzing and interpreting baseline data, and the analyzed and interpreted results. Including a comprehensive assessment of the historic effect of the previous releases of the Katse dam (2015 & 2018) on the Hlotse River, especially water quality. 6. Follow-up Monitoring and Modeling Within six (6) Propose the methods for the follow-up social and biophysical months monitoring, showing the derivation of KPIs, the determining of sampling design including monitoring frequency, the collection, analysis and interpretation of data, and the manner of data storage and back-up. It shall also include the resources required (staff, training and equipment), and annual cost of undertaking the monitoring. 7. Training Manual: The EFR management system should manage Within six (6) and monitor the entire relevant downstream river reach. Compile months and submit a training manual suitable for preparing personnel to undertake EFR management and monitoring.

8. EFR Policy and Procedures Within six (6) The EFR Policy should articulate the Policy on environmental months flow requirements in the Hlotse River. The Procedures shall specify how the Policy is to be implemented, documenting dam operating procedure, data inputs, biophysical monitoring procedures, resources including personnel and equipment, and budget. 10. Completion Report Draft submitted one This report will be a comprehensive report documenting all (1) month ahead of activities undertaken throughout the service period. It will the expected end of describe the aims of the service and the achievements of the services service. It will also give information on the Final Account of the consultancy service. The report shall also highlight the lessons Final (incorporating learned. comments) submitted no later The report shall include: i) Description of the study area, ii) than one (1) month Priority species and areas, iii) Delineation of the river reach under after end of services analysis, iv) Key field survey results, v) Key hydraulic modelling results, vi) Description of hydraulic and biological indicators used in the assessment, vii) Conceptual EFA model framework, viii) Baseline ecological status, ix) EFA site analysis outcomes, x) Consolidated analysis (Direct impacts on ecosystem functioning, Ecosystem integrity for the whole study area, Social impacts); and xi) Conclusions (Recommended scenarios to minimize impacts on communities and important aquatic ecosystems, Mitigation measures, Confidence and assumptions).

All deliverables shall be submitted in electronic form and in hardcopies. Deliverables include all data files, maps, GIS data, digital data and text files. Text of all reports should be in Word, with Times New Roman Font size 12. Deliverables will be considered “draft” upon initial receipt. Draft reports will be reviewed, and comments provided within two weeks of receipt. All reports for this contract shall be submitted in English.

6. CONSULTANT’S RESPONSIBILITIES

The Consultant is expected to prepare a work program that covers all the tasks and will also provide all the necessary resources required to perform those tasks to the successful completion of the assignment. These will include a fully furnished office, staff, transport, tools, computer and software, printer, equipment, stationery and other related office overheads. Costs for the production of reports will also be borne by the consultant.

7. CLIENT’S RESPONSIBILITIES

The Client will provide full physical access to the project sites. The Client will also provide all the available (and non-confidential) documentation and information, including numerical data, maps, plans, policy statements, schedules and budgets, related to the Project that may be needed by the Consultant in pursuing the tasks under the Terms of Reference. In addition, the Client will facilitate the issuance of work and/or residence permits as it may be required by the laws of the Kingdom of Lesotho for expatriate staff of the consultant. Workshops are envisaged to take place in one day for each draft report. The cost of venue and participants will be covered by the Client. A minimum of 2 meetings in Maseru should be accounted for: i) Inception report presentation; and ii) Draft EFlows Assessment Report presentation.

8. PERSONNEL QUALIFICATION

8.1 Key staff

The estimated inputs of the key staff are shown as follows: No. Key personnel Overall Qualifications 1. Lead Consultant/EFR • At least have Master’s Degree (MSc) in Specialist Ecohydrology, Environmental (26 weeks) Management/Science/Natural Resources Management. • At least fifteen (15) years’ experience in the implementation and management of biophysical monitoring in aquatic ecosystems • At least five (5) years’ experience in the development of EFR Policies and Procedures. • A PhD in relevant areas will be an added advantage. • Experience in delivery of similar capacity building activities. Alternatively, the Consultant can include a training specialist in its team to assist in the capacity building activity. 2. Water Quality • At least a Master’s Degree (MSc) in Environmental Specialist Sciences and specialized in Water Quality or related (10 weeks) fields with a specialization in water quality. • At least ten (10) years’ experience in the implementation of environmental water quality monitoring in aquatic ecosystems. • At least five (5) years’ experience in the design and implementation of water quality monitoring programs in the implementation of EFR Policies and Procedures. 4. Biologist • At least a Bachelor Degree (BSc) in Biology or related field.

(10 weeks) • At least ten (10) years’ experience in the environmental impact assessments. • Experience in Ichthyology and aquatic entomologist/freshwater biology. • Experience of field campaigns • Knowledge of fish, macroinvertebrates, mammals and flora in Lesotho, neighbours or the Southern Africa region. 5. Hydrologist • At least a Bachelor Degree (BSc) in Hydrology or related field. (10 weeks) • At least five (5) years’ experience in environmental impact assessments. 6. Water resources • At least a Bachelor Degree (BSc) in Engineering. engineer • At least ten (10) years’ experience in structural design and engineering. (10 weeks)

An individual may be nominated to fulfil more than one position. The consultancy team members should possess the appropriate professional qualifications from a recognized university (with higher academic qualifications given additional weighting) and should be experienced in their areas of expertise. Ideally, they should also have successfully worked in physical and cultural environments similar to those found in Lesotho or its near neighbours. The Consulting Firm should ensure to include in the proposals a specific allocation of time for each team member, as requested in the staffing plan table included in the RFP. This information is required to ensure that bidders have properly understood this TOR and are bidding on the basis of similar assumptions. Failure to provide this information may result in deductions in technical points or disqualification of proposals for being technically not responsive, as applicable. 9. DURATION This consultancy shall be completed within twelve (12) months from award of the contract.

10. COORDINATION The Consultanting Firm shall work in close collaboration with the Project Implementation Unit (PIU), Project Management Consultant, relevant GoL Departments such as the Department of Water Affairs, LLWSSU, Intake Design Consultants, and Water Treatment Plant Design & Build Contractor throughout the service period.

11. INTELLECTUAL PROPERTY All documents prepared under this consultancy will be the sole property of the Client.

ANNEXES TO THE EFR TERMS OF REFERENCE

Annex 1: Electronic copy of IFR report (2008) and ESIA (2018)

Annex 2: List of Proposed Water Quality Parameters

Proposed Parameters to be Analysed Monthly

Parameters Units Holding time In-situ parameters Temperature(oC) oC N/A Dissolved Oxygen) mg/L N/A Dissolved Oxygen (%) N/A Conductivity µS/cm N/A pH pH Units N/A Laboratory analyzed parameters Turbidity NTU COD mg/l Total Hardness CaCO3) mg/L Alkalinity mg/L Calcium mg/L Magnesium mg/L Chloride mg/L Nitrogen as Nitrate NO3-N mg/L Ammonia mg/L

Nitrate NO3 mg/L Sulphate mg/L Phosphate mg/L Iron mg/L Manganese mg/L Fluoride mg/L Aluminum mg/L Total Dissolved Solids mg/L

Proposed Parameters to be Analysed once a year

Parameters Phenols Vanadium Nickel Cobalt Cyanide Cadmium Mercury Lead Copper Selenium Zinc

Annex 2: DWA Preliminary Water Quality Variables

Variables Hololo Hlotse Makhaleng Senqu Water quality Standards South Lesotho Date 16/10/18 30/10/18 15/11/18 17/12/18 16/10/18 30/10/18 14/11/18 19/12/18 30/10/18 19/12/18 30/10/18 19/12/18 WHO stds Africa Stds Stds Temp Deg cel 22.1 27.0 29.0 30.0 21.4 22.0 31.2 26.6 23.0 18.9 23.9 22.0 pH pH units 7.83 8.31 7.51 7.57 8.00 8.22 8.08 7.79 8.18 8.00 8.36 7.92 6.5 – 8.5 6.0 – 9.0 6.5 – 8.5 Turb NTU 500.00 11.70 2.93 11.60 110.00 13.50 16.10 18.20 44.60 17.30 3.42 108.00 Cond. mS/m 14.8 26.4 33.4 29.4 18.6 20.3 31.0 18.5 21.5 31.2 23.6 28.2 500 700 1000 Tot mg/l 104.02 73.88 125.54 117.78 Hard CaCO3 95.86 129.80 125.24 112.17 97.44 108.44 125.52 - 500 600 Ca mg/l Hard CaCO3 61.28 86.50 77.98 68.23 69.14 68.48 48.73 76.66 84.08 85.96 78.36 Mg mg/l 35.54 25.15 41.46 39.42 Hard CaCO3 34.58 43.30 47.26 43.94 0.00 28.30 31.78 39.56 mg/l Tot Alk CaCO3 81.57 127.33 141.58 123.72 1.03 79.92 105.77 81.48 102.50 148.51 121.03 111.34 500 Ca mg/l 24.54 34.63 31.22 27.32 0.00 27.68 27.42 19.51 30.69 33.67 34.42 31.38 150 - 300 Mg mg/l 8.40 10.52 11.48 10.68 0.00 6.88 8.64 6.11 7.72 10.07 9.61 9.58 70 - 100 Cl- mg/l 3.76 4.09 4.63 4.47 4.36 4.29 6.42 3.65 3.52 27.28 2.93 4.22 100 250 200

NO3-N mg/l 11.9 0.4 16.6 <0.1 <0.1 1.3 0.7

NO3 mg/l 52.68 1.77 0.00 0.00 73.49 <0.01 0.00 5.76 0.00 3.10 0.00 10 50 11 -- SO4 mg/l 30 5 31 17 9 10 10 - 250 500 -- PO4 mg/l 0.36 0.35 0.30 0.30 0.41 0.45 0.63 0.19 0.20 0.12 0.24 0.05 0.005 – 0.2 - Fe mg/l 2.10 0.58 0.01 0.06 2.65 0.44 0.01 0.12 1.15 0.06 0.07 0 – 1.5 3 2 Mn mg/l 0.252 0.104 0.016 0.025 0.267 0.012 0.039 0.019 0.231 0.015 0.232 0 – 0.05 0.1 0 – 0.1 Al mg/l 0.464 0.252 0.013 0.029 0.523 0.131 0.021 0.030 0.028 0.006 0.045 - 0.2 0.015 F- mg/l 0.13 <0.01 0.14 0.17 1.5 SS mg/l TDS mg/l 96 172 217 191 121 132 202 120 140 203 153 183 1500 1200 Tot count/100 coli ml 200.5 980 345 count/100 E.coli ml 30.6 44 0

Annex 3: Public Notices for ESIA, RAP and ESMF Disclosure

Ministry of Water PUBLIC NOTICE Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) for Zones 2 and 3 (Leribe and Berea districts)

Ministry of Water through the office of the Commissioner of Water wishes to announce the commencement of the verification of assets affected by Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) in Leribe and Berea districts (Zone 2&3). The Project entails construction of the following structures: 1. Direct surface water abstraction facility from the Hlotse River; 2. The proposed WTWs will be constructed near Ha Makotoane with design capacity of 40ML/d; 3. A total of 14 pumping stations will be constructed to the service reservoirs in Zone 2 and 3; 4. A total of 25 service reservoirs; 5. The proposed pipeline is 144.2 km long, with a diameter ranging from 100 to 900 mm; and 6. Power assessments have been undertaken for the bulk water infrastructure in various locations within the project area for LEC to provide the power required to the sites.

The Asset Registration took place from 6th to 29th August 2018. The Ministry of Water invites owners of the affected assets to avail themselves for the purpose of verification of the recorded assets.

Each owner has to verify his/her assets in person. In the event that the owners are married in community of property, proof of marriage (marriage certificate, family letter or a signed Affidavit confirming the marriage between spouses) must be presented.

If one spouse is absent, he or she must provide written consent for the other spouse to present both. A copy of ‘Power of Attorney’ that can be filled to give ‘consent’. Proof of identification, such as a valid National Identity Document or Driver’s License or Passport is required when verifying ownership.

Affected assets owners are required to avail themselves at the venues at different villages and chieftaincy areas where the assets are located as follows:

Community Village Venue Date Time Council Phuthiatsana Ha 'Mamathe Moreneng 04/02/2019 09:00 am – 12:00pm Hleoheng Hleoheng Moreneng 04/02/2019 02:00 pm – 4:00pm Hleoheng 'Muela Ha Setho Moreneng 04/02/2019 02:00 pm – 4:00pm Maputsoe Urban St Monica's Moreneng 05/02/2019 09:00 am – 12:00pm Maputsoe Urban Ha Maqele Moreneng 05/02/2019 09:00 am – 12:00pm Maputsoe Urban Ha Nyenye Moreneng 05/02/2019 02:00 pm – 4:00pm Maputsoe Urban Seretse Khama Moreneng 05/02/2019 02:00 pm – 4:00pm Maputsoe Urban Mpharane Moreneng 06/02/2019 09:00 am – 12:00pm Litjotjela Tsikoane Moreneng 06/02/2019 09:00 am – 12:00pm Hlotse Urban Leralleng Moreneng 06/02/2019 02:00 pm – 4:00pm Hlotse Urban Matukeng Moreneng 06/02/2019 02:00 pm – 4:00pm Hlotse Urban Sebothoane Moreneng 07/02/2019 09:00 am – 12:00pm Hlotse Urban Lequtsung Moreneng 07/02/2019 09:00 am – 12:00pm Hlotse Urban Lisemeng 1 Moreneng 12/02/2019 09:00 am – 4:00pm Hlotse Urban Khanyane Moreneng 07/02/2019 02:00 pm – Konkotiea 4:00pm Hlotse Urban Khanyane Moreneng 08 /02/2019 09:00 am – 12:00pm Hlotse Urban Sebothoane, Moreneng 08 /02/2019 09:00 am – Mahana Puso 12:00pm Hlotse Urban Bonamelo, Moreneng 08 /02/2019 02:00 pm – Sebothoane 4:00pm Hlotse Urban Sebothoane Joy Moreneng 08 /02/2019 02:00 pm – 4:00pm Hlotse Urban Sebothoane Ha Moreneng 07/02/2019 02:00 pm – Mphuthing 4:00pm

Ministry of Water PUBLIC NOTICE – 24 January 2018

Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) for Zones 2 and 3 (Leribe and Berea districts) In accordance with the Environmental Act 2008, Ministry of Water through the office of the Commissioner of Water has commissioned Aurecon Lesotho (Pty) Ltd in association with White Life Consultants to develop an Environmental and Social Impact Assessment (ESIA) for the above-mentioned project.

The proposed LLBWSS aims to address water shortage challenges by improving water supply to the Lowlands settlements (or demand zone) with populations in excess of 2,500 for domestic, institutional and industrial purposes.

A copy of the ESIA is available at DA, DCS, Community Council and Chiefs offices in Leribe and Berea as well as at the following address:

Physical Address

EIA Section Department of Environment 6th Floor Post office Building Kingsway Street Maseru Lesotho

Sesotho Summaries of the ESIA are available at DA, DCS, Community Council and Chiefs offices in Leribe and Berea.

For viewing and comments please contact the above-mentioned address within 30 days of this public notice.

Ministry of Water PUBLIC NOTICE – 24 January 2018 Environmental and Social Management Framework for Zones 2 and 3 of the Lowlands Water Development Project – Phase II (LWDP-II) Ministry of Water in the Kingdom of Lesotho through the Lesotho Lowlands Water Supply Scheme Unit (LLWSSU) has designed the Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) to address the chronic shortage of potable water supply to the Lowlands area of the country and promote socioeconomic development to a design horizon of 2045. The implementation of the LLBWSS program has been grouped into six packages, with two priority areas for the next phase of the program: Project Package 4 entailing Zones 6 and 7 (Mafeteng and Mohales’ Hoek) and Project Package 2 entailing Zones 2 and 3 (Leribe - Berea). The World Bank, through the Lowlands Water Development Project – Phase II (LWDP II), will finance investments in Project Package 2 entailing Zones 2 and 3 comprising of a water intake, water treatment works, transmission mains, pumping stations, reservoirs and the following other components:

Component 1: Construction and rehabilitation of distribution networks in the Maputsoe and Hlotse towns and surrounding settlements; Component 2: Capacity Building, Institutional Strengthening and Project Management; Component 3: WASCO Performance Improvements; and Component 4: Contingent Emergency Response Component (CERC).

An Environmental and Social Management Framework (ESMF) has been prepared as the targets for investment under LWDP II i.e. Component 1 the distribution network, Component 2, Component 3 and Components 4 will not be determined until implementation. The purpose of this ESMF is to guide the implementing agencies – The Ministry of Water (MoW), Commissioner of Water (CoW), Lesotho Lowlands Water Supply Scheme Unit (LLWSSU), Water and Sewage Company (WASCO), Department of Rural Water Supply (DRWS) and Department of Water Affairs (DWA) - on the environmental and social screening and subsequent environmental and social assessment of subprojects and activities which will only be identified during project implementation.

A copy of the ESMF is available at DA, DCS, Community Council and Chiefs offices in Leribe and Berea as well as at the following address:

Physical Address

Lesotho Lowlands Water Supply Scheme Unit (LLWSSU) Sentinel Park 15 UN Road Maseru Lesotho

Contact Person Director Lesotho Lowlands Water Supply Scheme Unit (LLWSSU) Sentinel Park 15 UN Road Maseru Lesotho Cell: (+266) 59939783

For viewing and comments please contact the above-mentioned address within 30 days of this public notice.

Ministry of Water PUBLIC NOTICE – 24 January 2018

Lesotho Lowlands Bulk Water Supply Scheme (LLBWSS) for Zones 2 and 3 (Leribe and Berea districts) In accordance with the Lesotho legislation, Ministry of Water through the office of the Commissioner of Water has commissioned Aurecon Lesotho (Pty) Ltd in association with White Life Consultants to develop Resettlement Action Plan (RAP) for the above-mentioned project.

A copy of the RAP is available at DA, DCS, Community Council and Chiefs offices in Leribe and Berea as well as at the following address:

Physical Address

Lesotho Lowlands Water Supply Scheme Unit (LLWSSU) Sentinel Park 15 UN Road Maseru Lesotho

Contact Person Director Lesotho Lowlands Water Supply Scheme Unit (LLWSSU) Sentinel Park 15 UN Road Maseru Lesotho Cell: (+266) 59939783

Sesotho Summaries of the RAP are available at DA, DCS, Community Council and Chiefs offices in Leribe and Berea.

For viewing and comments please contact the above-mentioned address within 30 days of