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There are exceptions to this , however , such as where the use of groundwater in your area was subject to the control of any government authority , legislation , water court , or irrigation board or similar body . In this case , your ‘ existing lawful water use ’ is limited to the use that you were lawfully permitted by these bodies .
The Act provides that if you have an ‘ existing lawful water use ’, you are deemed to be using water from your borehole lawfully under the Act , but only as an interim measure , until you can apply for a water use licence ( if you need one ).
If you fall into this category , be aware that the Act provides that an investigation can be carried out into whether your ‘ existing use ’ was indeed lawful or not . You can also apply for this investigation to be carried out if you want to validate your present use through the ‘ existing lawful water use ’ requirements in the Act .
Do I pay anything to the municipality for water if I have a borehole ?
In COJ ’ s jurisdiction , you won ’ t pay for the water drawn from the borehole , but you might be charged for sewer generated based on the water drawn from the borehole .
EMM , however , reserves the right to install a meter to measure how much is drawn from the borehole , but at present doesn ’ t charge anything for water drawn or effluent generated as a result of the borehole .
However , EMM ’ s by-laws give it the power to decide at a later stage that it can prescribe limits to the amount of
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water to be drawn from the borehole , and impose a cost for same . Check with your municipality .
Who is responsible for the quality of the water that comes out of the borehole ?
In short , you are , and the municipality cannot be held liable for the poor quality of the water in your borehole . You should have the quality of your borehole water tested regularly to ensure that it is safe to drink and use for other household and / or commercial purposes .
Many municipalities ( including COJ ) empower themselves through their health by-laws to call for particulars of your water source ( details of the borehole ), proof that the water quality is sufficiently safe , and some ( including COJ ) even require that a certificate be submitted annually ( or when requested by a health officer ) as proof of same .
Danger to the public
You need to ensure that your borehole is properly covered so that no person or animal can fall into it and sustain injuries . In the event that any person or animal is injured in this manner , you may be held liable for damages .
You also need to ensure that your borehole is not being contaminated by any source , as this will lead to the groundwater source ( from which your borehole draws water ) being contaminated too . Most municipalities regulate this in their health by-laws .
Financial analysis
Although in most cases a municipality will not charge you
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anything for the water drawn from a borehole , there are considerable costs associated with the sinking of the borehole . These include the cost of drilling ( which can be R40 000 or more ), the cost of the electricity to power the pump needed to pump the water from the borehole , the monthly insurance for the borehole pump , and the maintenance and replacement thereof when necessary .
There are also several other risks associated with a borehole , such as the risk of the borehole running dry , the risk of your neighbour sinking a deeper borehole and drawing all of the water out of the aquafer that you are boring into , and the risk that the water quality will not be or remain suitable for your purposes .
Conclusion
When electing whether to use a borehole or to sink a borehole , one should consult an expert in this regard and ensure that any legal requirements , as well as any practical requirements , are met before embarking on the drill .
About the authors
Chantelle Gladwin is a partner and Nonhlanhla Ndhlovu an associate at Schindlers Attorneys .
Schindlers Attorneys specialises in conveyancing , tax , litigation , estates and trusts , family law , corporate law , and commercial law . u
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