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i) Riparian rights
- Riparian land is situated on the bank of a river or wetlands. These are lands
adjacent to a river, stream, dam, lake, etc
- The Riparian owner is protected against the diversion water upstream from his or
her property or from the diversion of excess flood waters towards the property.
- Irrigation or watering of commercial herds of stock is an artificial use and it is not
entitled for preference.
- When riparian are transferred (sale of land) the new owner must adhere to the
conditions governing the original owner.
- If Riparian land is sold, the right is automatically transferred to the new owner
- Riparian owners cannot transport water from one basin to another
ii) Appropriative rights
- The Water Act provides that the use of water for domestic purposes shall take precedence over the use of water for any other purpose.
- The Water Authority may, in granting any permit, reserve such part of the quantity of water in a water resource as in its opinion is required for domestic purposes.
- The above provision is important considering that providing access to water not only for domestic uses, but also for growing, preparing and selling food and other products that are vital for family welfare and food security is a key element in the
realisation of the right to water as a part of the right to food, the right to health,
and the right to an adequate living standard.
- The Act also provides that nature and degree of water use authorized by a permit
should be reasonable and beneficial in relation to other persons who use the same
sources of supply or bodies of water.
iii) Permit system
Section 36 of the Water Act 2016 provides that a permit is required for any of the
following purposes;
- Any use of water from a water resource, except for domestic drinking purposes
and for water resource within the users own land.
- the drainage of any swamp or other land
- the discharge of a pollutant into any water resource
- any other purpose, to be carried out in or in relation to a water resource
Further, Section 42(1) provides that the conditions on a permit may require that on the
issue of the permit and at prescribed intervals thereafter, the permit holder shall pay
charges to the Authority for the use of water in accordance with the terms of the
permit and the Regulations prescribed by the Authority. The charges are to be
determined by reference to a schedule of charges published in the Gazette by the Authority following public consultation.
It should be noted that, the Authority may issue a notice in the Gazette requiring all water users,
including permit holders, to apply or reapply for permits for one or more types of
water use.
NatalieR answered the question on June 29, 2022 at 15:31
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