In South Africa, effective water management is crucial for sustainable agriculture. The National Water Act (Act 36 of 1998) outlines specific water uses under Section 21 that require authorization from the Department of Water and Sanitation (DWS).

Understanding and complying with these regulations can be challenging for farmers planning, designing, and implementing irrigation systems. This is where Irrigation Survey and Design steps in to provide invaluable assistance.

Established in 1999, Irrigation Survey and Design has over two decades of experience in the agricultural sector. The company specializes in comprehensive surveys, meticulous designs, and the supply of high-quality irrigation equipment.

Their expertise extends to executing turn-key projects, ensuring that every aspect of an irrigation system aligns with both the farmer’s needs and legislative requirements.

Understanding water use authorization: A guide to Section 21 of the National Water Act

Water is a vital resource in South Africa, and its management and use are governed by stringent regulations to ensure sustainability and equitable access. One of the key legislative frameworks that guide water usage is the National Water Act (Act 36 of 1998), which outlines various water uses under Section 21. These uses require authorization from the Department of Water and Sanitation (DWS), and understanding each is crucial for both individuals and businesses engaging in activities that impact water resources.

Section 21(a): Taking water from a water resource

The first and perhaps most widely known use listed in Section 21(a) deals with the abstraction of water from natural sources such as rivers or boreholes. This includes water taken for:

• Domestic use: Water for household consumption, cooking, cleaning, and sanitation.
• Irrigation: Water used to irrigate crops and maintain agricultural activities.
• Livestock watering: Essential for farms and rural areas, providing water to animals.
• Industrial and mining activities: Water required in industrial processes or mining operations.
• Water bottling: Extraction for bottled water production.

Each of these uses must be authorized to ensure they do not exceed sustainable levels and that water resources are managed responsibly.

Section 21(b): Storing water

Section 21(b) addresses the need for water storage through the creation of containment facilities. This includes both in-stream and off-channel dams where water is stored for future use. These water storage systems are critical for maintaining reliable water supplies, especially in areas prone to seasonal fluctuations or drought.

Section 21(c): Impeding or diverting water flow

The construction of infrastructure such as weirs, bridges, pipelines, and other facilities within surface water resources falls under Section 21(c). These structures can alter the natural flow of water, which can affect ecosystems and surrounding communities. Any activity that diverts or impedes water must be authorized to minimize negative impacts on the environment.

Section 21(d): Stream flow reduction activities

Certain activities, such as the planting of forestry species like eucalyptus, pine, and wattle, fall under Section 21(d). These types of plantations are known to reduce the flow of streams, leading to potential changes in water availability for downstream users. As such, authorization is required before such activities can be undertaken.

Section 21(e): Controlled activities

Section 21(e) outlines controlled activities, which require careful monitoring and regulation. These include:

• Irrigation with wastewater or water containing contaminants.
• Artificial recharge of aquifers to replenish underground water sources.
• Modification of atmospheric precipitation and in-stream power generation activities.

These activities can potentially impact water quality and availability, and therefore, stringent oversight is necessary.

Section 21(f): Discharging waste or contaminated water

This section covers the discharge of waste or water containing waste into a water resource, such as rivers or wetlands. For example, the discharge of treated effluent into watercourses must be authorized to ensure it does not pollute the water supply or harm aquatic ecosystems.

Section 21(g): Disposal of waste impacting water resources

Similarly, Section 21(g) focuses on the disposal of waste in ways that could harm water resources. This includes activities like disposing of effluent in water containment facilities or stockpiles that could leach contaminants into water sources.

Section 21(h): Disposing of heated water

 

Industries and power plants often dispose of heated water as a by-product of their operations. This water, if not handled properly, can significantly alter the temperature of watercourses, affecting local ecosystems. This type of disposal must also be authorized under Section 21(h).

Section 21(i): Altering the characteristics of a watercourse

Any activity that alters the bed, banks, or course of a watercourse is regulated under Section 21(i). Construction of infrastructure like weirs or pipelines, or introducing unnatural characteristics to the water resource, requires permission from the DWS.

Section 21(j): Removing underground water

Section 21(j) refers to the removal of underground water necessary for the continuation of an activity, such as dewatering mining operations or ensuring the safety of workers. This water extraction must be authorized to ensure that it does not disrupt the local water balance.

Section 21(k): Recreational water use

Finally, Section 21(k) covers the use of water for recreational purposes, such as fishing, boating, or other water sports. Although these activities are often seen as non-commercial, they still require authorization to ensure water bodies remain sustainable and accessible for all.

The National Water Act’s Section 21 clearly outlines the various water uses that require authorization from the Department of Water and Sanitation. This comprehensive approach helps balance the demands of agriculture, industry, and recreation with the need to preserve and protect the country’s precious water resources for future generations. If you engage in any of these activities, be sure to consult with the DWS to obtain the necessary permits and avoid legal or environmental consequences.

By partnering with Irrigation Survey and Design, farmers can confidently navigate the complexities of water use legislation. The company’s in-depth knowledge of the National Water Act and its practical applications ensure that irrigation systems are not only efficient and effective but also fully compliant with South African water use laws.

For more information on how Irrigation Survey and Design can assist in planning and implementing compliant irrigation systems, visit their website at https://is-d.co.za/.