Four Categories of water rights form the foundation of the legal right to water in South Africa
Schedule 1 Water Use: In general refers to the Low volume, Low impact activities which are connected to domestic water use, domestic water supply to animals, recreational use and water to be used during crisis situations. This water right does not require a license or a registration
Existing Lawful Water Use (ELU): Before the National Water Act (Act 36 of 1998) was promulgated, water was regulated by the Water Act of 1956 (Act 54 of 1956). It is generally accepted that all water uses that was active before 1998, are seen as Existing Lawful Uses by the Act of 1998. The necessary proof to confirm this active use i.e. irrigation infrastructure, dams, potable water supply infrastructure etc. must be in place to assist with this ELU status. This will then be verified as permissible by the DWS. All existing water uses must be registered.
General Authorisation: A Government Notice was drafted for every water use stipulating minimum conditions and parameters (volumes) that allows for a General Autorisation (GA) application. A General Authorisation replaces the need for a Water Use License as per Section 21 of the National Water Act. A GA is connected to a specific location of the application, according to a quaternary catchment map of the DWS in South Africa.
Water Use License: Section 21 of the National Water Act list 11 water use activities which requires a water use license. These activities are subject to a strict application process described in detail in Government Notice 267 of March 2017. If these water use activities do not comply with the following, they will be seen to trigger a new license application:
- If the water use exceeds Schedule 1 parameters
- If the water use took place / is planned to take place after 1998 (it is seen as a new water use activity)
- If the water use exceeds the General Authorisation parameters
Section 21 of the National Water Act requires any activity occurring within a watercourse, within the 1:100 flood-line of any watercourse and/or within 500m of the boundary of any wetland to be registered and licensed. There are eleven (11) different categories for which licensing is required:
21(a) Taking water from a watercourse: Taking surface water (substantial volumes) from a river, drainage channel, canal or groundwater (substantial volumes) from a borehole /wellpoint in areas pre-determined by DWS.
21(b) Storing water: Storing of clean/treated water in dams (in channel or off channel), changing the size of dams or the location of a dam in relation to the source of inflow and outflow on the property or making use of a stormwater detention pond at a new development.
21(c) Impeding or diverting the flow of water in a watercourse: Construction of dams inside a river channel, low water bridges or causeways, planting of crops, orchids, vineyards within the floodplain of a river/wetland or any human activity within the regulated area of a water course.
21(d) Engaging in a stream flow reduction activity: Commercial Plantation/Afforestation
21(e) Engaging in a controlled activity: Irrigation with treated water outside the regulated area as pre-determined in the General Notice for this activity.
21(f) Discharging waste or water containing waste into a water resource: Discharge of polluted water or treated water with trace elements of contamination to a natural water course, river, stream, drainage line on any given property.
21(g) Disposing of waste in a manner which may detrimentally impact on a water resource: Construction of conservancy tanks, septic tanks and soak-aways, connected to dairies, feedlots, housing developments, offices, petrol stations, abattoirs etc.
21(h) Disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process: Discharge of polluted water from any industrial activity to a natural water course, river stream or drainage line.
21 (i) Altering the bed, banks, course or characteristics of a watercourse: Construction of dams, a bride crossing or gabions / flood protection measures, the planting of crops, orchids, vineyards or any human activity within the regulated area of a water course.
21(j) Removing, discharging or disposing of water found underground for the continuation of an activity or for the safety of persons: Mining activities or long term construction operations
21(k) Using water for recreational purposes: Jetties, launch areas in freshwater bodies/dams
If you are interested in Walker Water Solutions assisting you with your authorisation process, you can select one of the two following routes:
- Make contact with Claret Walker via email or telephonically. Explain your scenario and determine the way forward with her.
- If you already confirmed that you have to apply for an authorisation as presented above, you can apply on line by completing the Application Form below and send it back to claretwalker@yahoo.com. After initial contact has been made with Walker Water Solutions, discussion is necessary to determine the way forward and to receive a formal quotation.
Apply Online
You can apply for your Water License right here by completing our online application or downloading the application form and submitting it to claretwalker@yahoo.com