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.
“These sections make provision for water usage that was lawful under previous laws, and which was exercised during a qualifying period, to continue until such time as the usage can be replaced by a licence under the NWA. ... However, existing water uses were allowed to continue as “existing lawful water usage”.
Historical proof of water usage involves the following:
- Electricity bills showing kW/h;
- Seedling/seed/pesticide purchases (planting density);
- Crop contracts/proof of sales (to markets, etc.);
- Waterworks layout/installation info;
- Agricultural recommendations by agronomists;
- Delivery notes of pivot and/or installation date;
- Eskom transformer installation document;
- Evidence of purchases of irrigation equipment;
- Financial statements from the auditors;
- Pictures (only when the date is shown);
- Water meter readings
- Historical photographs are used to confirm water usage and the hectares under irrigation.
The two photographs below were taken by the latest software, which allows us to determine water usage in any year. The first photograph is an actual photograph taken in 2018. The second photograph shows legal water usage by a full pivot circle and a half pivot circle. These historic photographs were taken on 29 March 2010. We can go back as far as 1996 to determine historic water usage
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. 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 If water is withdrawn from a borehole, a geo-hydraulic study has to be done to determine the replenishment from the source.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 of the utmost importance 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, taking the crop to be planted into account.
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 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, whether 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. Chemicals, fertiliser, etcetera are distributed by rain and wind, which contaminate our rivers, dams and other water sources. If the right measures are not in place and if there is no environmental management plan, it could affect the application for a licence. The Department of Environmental Matters is very strict as far as this type of contamination is concerned.
Monitoring systems are legal and have to be in place. It not only provides information regarding water usage, but it is also a good management tool for the farmer to monitor his water usage. Monitoring will indicate water wastage, burst pipes, etcetera. Monitoring can also be audited and it can be determined whether the quotas allocated are the quotas being used.
Should legislation not be adhered to, directives can be issued. It could result in the withdrawal of water usage rights, whether from a river or from a borehole. Astronomic fines are levied. 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.