The draft National Water Policy, 2000

March 2000

PREAMBLE

Water being the most important resource in our lives needs to be carefully managed and efficiently utilised and Swaziland for a long time had no mechanism to ensure this. It is for this reason that there was need for an instrument to guide us in the use and management of this precious resource. 

This document that you are about to read contains all the necessary information, which guide every Swazi on how to use the resource for the benefit of every citizen. I the Minister Responsible for Water fully support what is contained in this document as it reflects the wishes and addresses the needs of the Swazi people. 

I strongly urge all Swazis to carefully read and implement all that is contained in this important document for the betterment of the living standards of HIS MAJESTY’S people.

Best Regards

Prince Guduza Dlamini

Honourable Minister for Natural Resources and Energy

ACRONYMS

RBA River Basin Authority.

NGO Non Governmental Organisation dealing with the upliftment of living standards.

NWA National Water Authority.

SEA Swaziland Environment Authority.

DWA Department of Water Affairs

GLOSSARY OF TERMS

Water Policy - A set of decisions made ultimately by cabinet after a process of dialogue and consultation with stakeholders. It determines what and how things will be done in the water sector.

Water for Basic Human Needs - A sufficient quantity and quality of water needed to sustain a healthy human life.

Water for Primary Use - Water used for domestic requirements, sanitation, the watering of animals and / or the irrigation of land for subsistence purposes only.

Natural Environment - See Environmental Policy

Integrated Water Resources Management - The holistic water resources management philosophy that seeks to integrate water resources planning, development and traditional management across all use sectors.

Exotic Forestry - Tree species that are not native to the area.

Invasive Alien Species - Species of foreign origin that tend to spread uncontrollably and may have a negative effect on water.

Hydrological Continuum - The natural cycle where by waterfalls from clouds onto land as rain, seeps into the underground or drains into the river and eventually flows into the sea.

Riparian Environment - That environment adjacent to and reliant on the natural watercourse.

Aquatic Environment - That environment within and reliant on the natural watercourse.

Aquifer - A water bearing stratum of permeable rock, sand or gravel.

Environmental Reserve - The minimum amount of water required to sustain the aquatic and riparian environment.

Basin - The geographical area determined by the watershed limits of a system of waters including underground waters flowing into a common terminus.

ACKNOWLEDGEMENTS

Special thanks go to all the people who devoted their resources to see this document through. We would like to thank the Water Sector Committee especially the drafting team for coming up with this document from scratch. The meaning full contribution of all stakeholders is greatly appreciated. Also we would like to thank the UNDP for helping us in the preliminary stage of this project. All credit go to our main sponsor, the International Development Research Centre for funding all the meetings held in formulating this document.

INTRODUCTION

Water is a very important resource that brings and sustains life. However, it is a finite resource and therefore vulnerable in the light of increased pollution and demand due to factors such as population explosion, greater affluence, development etc. Experience has revealed that scarcities in important resources have a tremendous impact on all life and often leads to conflict. For the above reasons a fair, equitable, sustainable, enabling and integrated approach to water resources management is essential. The management approach should view water as a hydrological continuum that includes Surface Water, Ground Water and Atmospheric Water.

In Swaziland the Water Apportionment Board is mandated by the Water Act of 1967 to apportion water. Unfortunately the water resource is often treated as a private commodity. As a result water is often owned and utilised for the benefit of individuals and corporations. This has led to the issuing of permits and leases that are unfair and impractical to control and monitor, making it difficult to allocate water to new users.

Numerous water agencies exist, each with its own mandate and function leading to duplication of duties, financial resources and personnel. The water sector as a whole is legally and institutionally fragmented which leads to water resources management problems.

To-date the country has no clear, all encompassing and comprehensive national policy guiding the use of water. As a result, the management of the resource is done on an ad- hoc basis through several scattered and disjointed pieces of legislation, spread amongst a number of ministries and departments without due consideration to harmonisation.

The current and future challenges in the water sector call for new strategies with due cognisance of regional and international laws and conventions among other things. This has placed an urgent need to develop a National Water Policy. This policy is basically a set of decisions made ultimately by cabinet after a process of dialogue and consultation with stakeholders. It determines what and how things will be done in the water sector.

This policy is an instrument to serve as an overall guide to all agencies in addressing the current and anticipated problems in the water sector. It supersedes all other policies that deal with water in the country directly and indirectly. In this policy water is declared to be a national resource that has to be developed and used for national benefit with emphases on poverty alleviation. It ensures that existing users still have their share of water while at the same time access to the resource is extended to previously deprived sectors of the Swazi society. The policy seeks to meet all these requirements by providing amongst other things, incentives for water conservation and efficient use.

The active and meaningful involvement of all stakeholders in water resource management and co-ordination of all water agencies are the corner stones of this policy. The policy also devolves the day-to-day administration of water from exclusive Government preserve to new institutions comprising stakeholders.

WATER SUPPLY AND ACCESSIBILITY FOR BASIC HUMAN NEEDS

Everyone has a right of access to safe and clean water for basic human needs. The use of water for basic human needs shall take precedence over all other uses of water. The Government recognises her social obligation to ensure and protect the right of all people to water for basic human needs but shall not be obliged to supply water to private farms.

All people are entitled to a minimum of 30 litres of safe and clean water per capita per day at a cartage distance of no more than 200 metres. In water development infrastructure priority shall be given to properly settled communities.

Water is hereby declared a finite national resource with social, economic and environmental dimensions. Its use shall therefore attract tariffs that are fair, enabling and supportive of sustainable development. The Government shall regulate and co-ordinate all water supply agencies in the country and shall be responsible for regulating and monitoring the quality and quantity of all water resources.

Water utility companies / corporations shall be liberalised with due regulation by the National Water Authority and shall pay fair compensation for existing infrastructure if and when they (companies /corporations) take over the water supply function using that infrastructure.

The National Water Authority (NWA) shall develop and review a National Water Policy and a Water Resources Water Resources Master Plan that shall be implemented, regulated and monitored for compliance by the Department of Water Affairs. River Basin Authorities have a responsibility of co-ordinating, developing and implementing projects as well as developing, reviewing and enforcing policy and also allocating water and monitoring its use and quality in the areas under their jurisdiction.

The involvement of Non Governmental Organisations (NGOs) and the Private Sector in supplementing Government and community efforts in water resource development shall be promoted and encouraged. In all cases, sanitation and water supply shall go together to improve health standards. Hygiene and health education shall form an integral part of all water development projects. Rural and peri-urban communities shall form structures to manage water supply and will provide labour for funded community projects. The Government shall solicit and co-ordinate support from external support agencies.

There shall be gender balance at all levels of water management and technical activities. Water supply projects shall be geared towards improving opportunities for both genders and disadvantaged groups to economic activities and self-empowerment.

WATER UTILISATION AND ALLOCATION

In allocating water priority shall be given to basic human needs, the natural environment, primary use and others (based on economics, social value and efficiency) respectively. The natural environment is considered a legitimate user of water. During water allocation, if all factors are considered equal, priority shall be given to water user associations over individuals due to the former's greater social benefit. Crop water requirement and climatic factors shall determine the quantity of water allocated for irrigation.

Every water abstraction permit and all rights under it shall be subject to cancellation or variation if the permit holder has failed to use the water in the manner stipulated for three consecutive years or has failed to pay any fees due for two successive years. Water already allocated according to the Water Act of 1967 shall not be expropriated if it is utilised in accordance with current legislation unless it is determined by the NWA that such is in the public interest in which case it (NWA) will determine the amount of compensation payable, if any. All abstracted water shall be considered used and water trading among users prohibited.

In cases of drought, the National Water Authority or any institutions authorised by it, shall by notice served through registered mail to all permit holders on that water course, adjust according to the user purposes the amount of water allocated to them.

Where there is need, interbasin transfers will be effected at the discretion of the National Water Authority and as prescribed by the Water Resources Water Resources Master Plan. Interbasin transfers for basic human needs shall take precedence over any other purpose.

Exotic forestry and other perennial crops shall be considered water users and may be subject to water abstraction levies.

For the purposes of this policy the allocation of ground water shall be treated as an integral part of the water resources, with due cognisance to its linkage to surface water and atmospheric water. Ground water shall not be allocated for purposes other than primary use, unless prior exemption has been obtained from the NWA.

Water conservation is encouraged in all its forms and by all water users. Water harvesting, recycling and general water conservation practices shall be encouraged with due considerations of health standards.

WATER ECONOMICS

The National Water Authority shall introduce a national water abstraction levy. Revenue derived from such a levy shall be used for water resource development in any of the river basins in the country. Commercial use of water shall attract tariffs based on the level of assurance and demand on the catchment. Revenue derived from water shall not be used for any purpose other than water resources development and management.

Community based organisations, NGOs and Government agencies supplying water for domestic purposes shall be exempted from water abstraction levies. In such cases, the price charged to the end user shall be limited to operational, maintenance and capital replacement component cost.

The capital cost of water resources development shall be borne by the users except where the National Water Authority determines that such payment is not economically sustainable. In the latter case the National Water Authority shall determine the appropriate adjustment. Operations and maintenance cost of water resource infrastructure shall be borne by the user. Funding from foreign donors shall be solicited and revenue from such sources shall be allocated giving first preference to capital development.

Stakeholders shall be involved in Water Policy and Water Resources Master Plan development and their participation in financing and provision of goods and services, maintenance back up and training shall be encouraged.

Deterrent penalties will be imposed for discharging effluent exceeding regulatory limits into rivers and other water bodies.

INSTITUTIONAL MANAGEMENT FOR THE WATER SECTOR

Water sector institutions shall be established with the primary objective of co-ordinating stakeholder participation and decentralising responsibilities for water resource management. These shall be formed taking cognisance of ratified international and national conventions, agreements and legislation. The principle shall be held that water is a hydrological continuum including, but not limited to, surface water, ground water and atmospheric water.

In the constitution of the water sector institutions, there shall be no discrimination according to gender.

The water sector institutions shall develop, promote, review and monitor water use performance targets and indicators at their respective levels of authority both nationally and regionally. They shall adhere to the principles of good governance, transparency, accountability, efficiency and accessibility and shall provide service without unnecessary bureaucracy and / or red tape. These institutions shall promote harmony among conflicting interests in the use of the resource.

There shall be established an autonomous national body, representative of stakeholders, whose primary responsibility shall be formulating, reviewing and enforcing National Water Policy and Water Resources Master Plan as well as recommending review of legislation by the Minister responsible for water.

The responsibility for water resource management at basin level shall be gradually transferred to basin authorities that shall fairly represent stakeholders. The stakeholders in the basin authority shall include, but not be limited to, private sector, private farm owners, municipal authorities, non-governmental organisations, traditional authorities and people on Swazi Nation Land. To facilitate broad-based participation, additional structures may be established at levels below the basin authorities (irrigation districts, project boards, water user associations etc).

The NWA shall be funded by the Government. Basin institutions shall be financed through water abstraction levies / tariffs and stakeholder contributions.

There shall be established a Government Department of Water Affairs, whose primary function will be to implement, enforce and monitor adherence to the National Water Policy and Water Resources Master Plan. In an effort to consolidate Government water sector agencies, the Department of Water Affairs shall comprise the secretariat and an operations division. The secretariat including the research and information unit will support the NWA in the formulation, management and implementation of the Water Resources Master Plan. The operational division will carry out the day-to-day Government works including but not limited to, data collection and routine services.

HUMAN RESOURCES DEVELOPMENT

The Government shall actively undertake local human resource development and retention by among other things improving terms of service. The human resource structure in the Department of Water Affairs shall be lean, balanced, efficient, skilled, transparent, accountable and productive.

In addition to formal training human resources development shall also be facilitated through information exchange, inter sector and inter country secondment, twinning arrangements and exchange. Human resource development by any of the water institutions shall focus on Swazi nationals with particular attention to gender balance.

The Water Resources Water Resources Master Plan shall include, inter alia, training and manpower development programmes. Expertise to strengthen the water resources institutions shall be drawn from any competent sectors and institutions including, but not limited to, Government, private sector, NGO's, tertiary and research institutions. For purposes of research and development, the involvement of expertise in sectors other than Government shall be encouraged. Externally sourced consultancy shall be required to include suitably qualified Swazi counterparts in their teams with the objective of developing the skills of the latter.

PARTICIPATION AND REPRESENTATION

Government is committed to full participation and representation of all stakeholders at all levels taking due cognisance of gender equity. Stakeholders shall be represented and actively participate in all water sector institutions.

WATER AND THE ENVIRONMENT

In the allocation of water it shall be ensured that a minimum reserve is allowed to ensure that water use does not cause irreversible damage to the riparian and aquatic environment. The "reserve" for each river basin shall be specified in regulations supplementary to this Water Policy and the Water Act. Water resource development shall at all times ensure environment protection in compliance with national and ratified international laws / conventions and standards.

All water users shall be encouraged to operate in an environmentally responsible manner by introducing appropriate technologies and intergrated water management systems that include flood plain management, which shall be adopted as an integral part of water resource management by the water sector institutions.

Arable agricultural operations and / or destruction of indigenous natural vegetation shall not be permitted within 33 metres horizontal distance from the river bank of natural seasonal or perennial watercourses or any other distance determined by an agency authorised by the NWA. Invasive alien species shall not be grown within 100 metres ground distance from the riverbanks.

Land user(s) shall be responsible for eradicating invasive alien species, prevent and control land degradation caused by water in the land under their jurisdiction.

A national program of action to eradicate invasive alien species shall be formulated and implemented by the Government in association with other institutions. Protection of natural wetlands shall be ensured. Their drainage shall be prohibited unless the NWA and the SEA have granted prior permission.

TRANSBOUNDARY ISSUES

Water resource development and management in the country shall conform to the principles of fair and equitable sharing of international watercourses among riparian states.

The Government shall ensure adequate and effective representation of the country in all relevant institutions prescribed in national and or international laws, conventions and agreements.

The Government shall engage and enter into agreements with neighbouring countries to ensure that water entering and leaving the country conforms to international standards on safety, health and environment to protect the interests of her citizens in shared watercourses and transboundary aquifers.

WATER QUALITY

Water quality in natural watercourses, ground water and public water sources shall be enforced through legislation and monitoring. Water supplied for primary use shall comply with national and ratified international water quality and health standards.

Water re-cycling and / or re-use shall be encouraged provided the end product complies with health, safety and environmental standards for the intended use.

The Government shall engage its counterparts in neighbouring countries to ensure that water entering and leaving the country conforms to international safety, health and environmental standards.

IRRIGATION

Water resource development for irrigation shall be preceded by a feasibility study to ensure that the intended projects are economically, environmentally and socially viable and sustainable. Projects aimed at poverty alleviation may be exempted from the requirement for economic viability from a capital redemption standpoint.

Irrigation of non-irrigable soils shall be prohibited. Factors to be considered in determining irrigability shall include but not limited to type of irrigation system, soil depth, soil type, slope / erosion hazard, salinity and sodicity hazard.

In the allocation of water for irrigation purposes priority shall be given to more efficient irrigation systems and technologies, with due cognisance and recognition of social and environmental factors. Crops with high returns per unit of water shall be given preference-taking cognisance of broader economic, social, climatic and environmental factors.

The use of efficient irrigation systems, re-use of water and the construction of water storage facilities for irrigation purposes shall be encouraged through appropriate incentives.

Land user(s) shall be required to prevent and control land degradation caused by water in the areas under their jurisdiction and shall be responsible for reclaiming soils where irrigation has caused avoidable degradation.

DATA COLLECTION AND INFORMATION DISSEMINATION

The Government in collaboration with stakeholders shall establish a reliable integrated information system that will make data accessible to users on demand and at a reasonable cost where applicable. Notwithstanding national security considerations, all water sector institutions shall adhere to the principles of transparency and accountability with regard to information disclosure.

Water permit holders shall be required to install accurate water measuring devices calibrated in metric units. The measuring facility and the information generated shall be made accessible to Government and / or authorised monitoring and enforcement agencies. Water abstraction data shall be submitted to the Government and / or any monitoring and enforcing agency in a format prescribed by the Department of Water Affairs and / or any other authorised institution.

The research and information unit in the Department of Water Affairs shall be the custodian of integrated water information and shall prepare periodical water bulletins for public information.

RESEARCH AND DEVELOPMENT

A research and information unit shall be established within the Department of Water Affairs with the responsibility of co-ordinating and consolidating water research facilities and processes in the country as well as disseminating information to users.

Research including inter-alia feasibility studies, environmental, social and economic impact assessment shall be pre requisites for all water resources development projects requiring water abstraction permits and shall conform to the Water Resources Master Plan and basin plans.

Local resources and expertise in and outside Government structures will be engaged to carry out the research function for among other things project planning and development.

Externally sourced service providers shall include Swazi counterparts in their teams when local resources and expertise are not adequate.

DISASTER MANAGEMENT AND PUBLIC SAFETY

The Government in partnership with stakeholders is committed to the establishment of early warning systems and long term predictive climate models to facilitate disaster and drought preparedness. In the event of water related emergencies or disasters, water management institutions may be required by Government to scale down or suspend their routine operations to participate in the management of the situation.

The NWA in conjunction with the disaster task force and / or any other relief agency shall prepare a disaster mitigation plan to be followed in case of water related emergencies. The Department of Water Affairs shall collaborate with relevant agencies both at national and regional level, to define minimum distance of settlement from the water course, predict water related disasters and co-ordinate the necessary preventive and mitigation actions.

In the event of actual or foreseen water shortage, basic human needs shall take priority over other uses. The NWA and any other authorised institution may order the rationing of water for all purposes including domestic use and may adjust the amount of water to be abstracted by each permit holder.

Determination of vulnerability of communities to disasters arising from man made structures shall be a pre-requisite for all water resource development projects.

NAVIGATION AND RECREATIONAL USE OF WATER

The NWA shall recommend to the Minister responsible for water, suitable regulations governing navigation and recreational use of water bodies and impose charges where applicable.

Eco-tourism and use of water resources for enjoyment shall be encouraged with the provision that such use is safe and does not cause irreversible damage to the environment.

Fishing shall require a permit from the authorised agency.

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