At present, in the Mpumalanga area, and more specifically in the Inkomati-Usuthi Catchment Area (this area includes Mbombela, White River, Malelane and Komatipoort and it’s surrounding areas) are in the process of being verified to determine if such uses are lawfull.

In terms of the National Water Act, Act 36 of 1998 (hereinafter “the Act”) various types of water uses are allowed and regulated.  Water uses as detailed in the Act (amongst others) include drawing water from a stream, river, dam or other water source (for example for irrigation purposes) and also includes the storing of water (for example in a dam), altering a watercourse, discharging waste water and stream flow reduction activities (for example forestry, that reduces the amount of water available in the water system.)

The Act provides that all water user, who were using water prior to the Act coming into operation lawfully, were entitled to continue to do so subject to registration of such water use with the Department of Water Affairs and Forestry (now Water Affairs and Sanitation).  This process started in the year 2000 and at that time may water users registered their current water uses.  These water uses, even though they were registered, must still be verified by the relevant department, or, if you use water in the Inkomati-Usuthi Catchment Area, by the Inkomati-Usuthi Catchment Management Agency.

It is important to note that, even if your water use is registered, it is not necessarily legal  The legality of such use is to be verified by the relevant department or catchment management agency.  If a water use is found to be wrongly registered, it may well mean that same is illegal and cannot continue.

As part of the verification process water users will be contacted (usually by registered post) and be invited to participate in the verification process.  It is imperative that water users take part in this process in order to ensure that their water uses are legal, and that the particulars of the use is recorded correctly.  If you use water in the area, and have not received a verification notice, it is important to contact the relevant department to ensure that your water use is in fact registered, alternatively that you particulars have been updated correctly for you to receive the necessary notice.

On receipt of the notice it is important to verify that all your water uses are listed, and that the particulars thereof and the amounts of water allocated are correct.  If you realise that you use is not registered it is advisable to consider urgently registering such use by following the late registration process.  Alternatively if you only recently started using the water (if the previous owner was not using the water for example or if the water was not used in that manner lawfully in the period between 1999 and 2000) it might be necessary to apply for a licence.

For the same reason as mentioned above, it is also wise to ensure that any water uses on a property that you consider purchasing, is lawful, prior to purchasing such property.  For more information regarding water uses, it’s registration and legality, you are welcome to contact our offices.

Henry Schoeman