The Water Bill, 2001

This is a draft Water Bill and is is a working document and not a formal document. As such it should not be interpreted as the policy of the Government of Swaziland until it has been finally agreed and adopted by Cabinet and His Majesty as national legislation.

CONTENTS | PART I - PRELIMINARY | PART II - NATIONAL WATER AUTHORITY | PART III - INTERNATIONAL WATER BODIES | PART IV - WATER APPORTIONMENT BOARD | PART V - PERMIT FOR THE USE OF WATER | PART VI - GROUND WATER | PART VII - SERVITUDE | PART VIII - CONTROL OF POLLUTION | PART IX - WATER SPORT CONTROL | PART X - IRRIGATION DISTRICTS AND WATER USERS ASSOCIATIONS | PART XI - PROJECT BOARDS | PART XII - MISCELLANEOUS

PART X IRRIGATION DISTRICTS AND WATER USERS ASSOCIATIONS

Establishment of irrigation districts

73. (1) The Minister may from time to time upon the recommendation of the Authority establish irrigation districts by notice in the Gazette.

(2) The notice shall define the boundaries of the district and shall state a name by which the district shall be known.

Irrigation district to be a body corporate

74. (1) Where two thirds of the permitted users of water in an area petition the Authority to incorporate an Irrigation District, the Authority shall recommend to the Minister of this intended incorporation.

(2) Where the Minister agrees to the incorporation he shall then publish a notice in the Gazette of the intention to incorporate the Irrigation District.

(3) Any person objecting to this incorporation shall lodge the grounds therefore to the Authority within 21 days of the publication of the notice.

(4) The Authority shall thereafter consider any objection submitted to it and further recommend to the Minister who shall then decide on the incorporation.

(5) The notice of incorporation under subsection (2) shall provide -

(a) the number of members of the board of directors, the term of office, which shall not be longer than three years, although retiring members may be eligible for re-election;

(b) the definition of eligible electors in the Irrigation District and the method of establishing the list of eligible electors. Electors may have multiple voting rights proportioned to permitted water volumes or cultivated hectarage;

(c) the definition for calculating the rateable value of lands in the Irrigation District for apportioning rates and charges;

(d) the procedure for nominating and electing the first members of the board of directors and for subsequent elections; and

(e) any objects, powers or duties in addition to those provided in Sections 75 as may seem to the Authority to be desirable and on advice from the Board

(6) Upon incorporation the Irrigation District shall be a body corporate capable of suing and being sued in its own name and shall be governed by a board of directors.

Functions of an Irrigation District

75. (1) An irrigation district shall exercise control over the operation and maintenance of works in the district and the distribution of permitted volumes of water in accordance with permits and for the benefit of persons in the district and such other functions as may be set out in the notice of incorporation.

(2) Without derogating from sub-Section (1), the irrigation district shall also -

(a) exercise such powers of the Board with respect to the enforcement of permits or this Act as the Board may in writing delegate, including the power to appoint water bailiffs or inspectors;

(b) take all reasonable steps to avoid the waste or misuse of water;

(c) levy and collect rates and charges, subject to the approval of the Board, to defray the costs of the district;

(d) maintain true accounts of its receipts and expenditures and to make them available for inspection by the Board and the electors; and

(e) hold general meetings of eligible electors at least once per year and at such meetings disclose its accounts and a statement of its activities.

(3) The board of directors may pass by-laws necessary to enable them to properly fulfill their obligations.

Water Users Association

76. (1) The holders of permits appurtenant to land and undertakings in a defined area or of permits relating to water in a defined watercourse or river system or portions thereof may form an association with the objective of maximizing the benefits from such permits to members of the association and promoting the more efficient use of permitted water.

(2) The permit holders shall obtain approval of the Board to form an association and shall provide information as the Board may require.

Delegation of powers by the Board

77. (1) The Board may delegate by notice in writing to such association such powers of the Board as it deems appropriate and as are set out in the notice of delegation.

(2) Such powers may include but are not limited to -

(a) the power to pool some or all of the permits held by the members and to distribute the permitted water equitably and in accordance with the objectives of the association , provided the total quantities permitted by all the permits are not exceeded;

(b) appointing water bailiffs with authority to enforce the terms of the permits or of the distribution under the pooled arrangements;

(c) appointing inspectors with authority to enforce the provisions of this Act.

Costs of Water User Association

78. All costs and expenses incurred by a Water User Association shall be borne by the members of the Association in such proportion as the members may agree.