Senwes Scenario December 2018 / January 2019 | Page 30

AGRICULTURAL
Legal water usage
In terms of the National Water Act, Act 36 of
1998, all water usage has to be monitored by
means of a licence or in terms of Section 35(4).
 By Juan Booysen
Hinterland: Head of Irrigation
I
n order to legally use water, an
investigation has been launched to
check registered/unregistered water
usage on the farm. Should water
usage have been registered, we have
to check whether a Section 35 (1) has
been issued. The Section 35 (1) serves to
confirm whether the water registered, was
used legally during the qualifying period
of 1996-1998. As soon as the Section
35 (1) has been signed and returned to
the Department of Water and Sanitation,
the Department will send a Section 35
(4), confirming legal water usage. If the
customer does not agree with the Section
35 (1) finding, he will have to provide
proof of legal water usage for the period
1996-1998.
If no water usage was registered,
application must be made for a licence.
A new regulation was issued in March
2017, which all applications have to
comply with. This document is available
on the website of the Department of Water
and Sanitation. Before the issuing of the
new regulation, applications had to be
compiled in book form and submitted.
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However, the e-Wula system is being
used at present (Electronic Water Use
Licence Application).
The quantity of water allocated or
approved, is determined by the catchment
area in which the farm is located. It
applies in respect of water withdrawal
from a river. If water is withdrawn from a
borehole, a geo-hydraulic study has to
be done to determine the replenishment
from the source. Boreholes have to
be tested at 48 hours and 72 hours to
confirm replenishment from the source.
These tests are to ensure that boreholes
can supply the specific quantity of water
without exhausting the source. It will also
determine the quantity of water which can
be withdrawn per hour and the number of
hectares which can be irrigated.
It is recommended that any
development be designed by an irrigation
engineer to ensure that the quantity of
water used, is being used optimally.
The engineer will determine the water
requirements of the crop to be planted
by means of the SAPWAT program.
This program will confirm the water
requirements, on the basis of which the
most effective irrigation method will be
recommended. This part is very important
- it will prevent the customer from over- or
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under-watering his crop.
Dams can be built to store water,
which can be used for irrigation.
Such dams have to be registered and
permission has to be obtained to use the
water for irrigation purposes. Flow meters
are an absolute requirement. It provides
a management tool to monitor and control
water being withdrawn. Should walls be
built in rivers, a thorough study has to
be done to determine the impact of the
walls on the environment, bio-diversity,
etcetera. The Department of Water and
Sanitation has the right to break down
any illegal wallls and the customer will be
responsible for the rehabilitation of the
area and the costs of breaking down the
wall. It is recommended that consultations
should take place with consultants and
that an environmental impact study
be done - such a study will also be
required for the application to build an
embankment.
The testing of water, from rivers or
boreholes, is of the utmost importance.
People think that underground water
cannot be contaminated, which is not
correct. A french drain close to a borehole
can contaminate the water. Any liquid
ciphers through soil, which contaminates
water. If the right measures are not in
place and if there is no environmental
management plan, it could affect the
application for a licence.
Should legislation not be adhered
to, directives can be issued. It is
recommended that water usage be
registered as required in terms of
legislation. Compliance with legislation
by all water users will result in continuity
of water supply. No outcome has to be
accepted - an appeal can be lodged at
the Court of Appeals.
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