AN OVERVIEW OF THE WATER ALLOCATION REFORM PROGRAMME

1. AN OVERVIEW OF THE WATER ALLOCATION REFORM PROGRAMME

2. The DWAF must strive to manage our water resources to achieve the most beneficial use of water in the interests of the nation as a whole – this includes a constitutional mandate for water reform

3. The Constitution, 1996 Fundamental Principles & Objectives for a New South African Water Law, 1996 National Water Policy, 1997 National Water Act, 1998 Implications for water allocation reform Water policy, law and strategy National Water Resource Strategy, First Edition, 2004

4. Policy Objectives The fundamental objectives of the National Water Policy are to achieve – ► Equity - in access to water services, the use of water, and the benefits of water use (Note the difference between equity and equality) ► Sustainability - in use of water, through measures to protect water resources to ensure indefinite availability for human use ► Efficiency - in use of water Equity, sustainability and efficiency are all intimately related to water allocation reform

5. NWRS Purposes – Framework for CMSs A catchment management strategy is the framework for water resources management in a water management area. The NWRS provides the framework within which all catchment management strategies will be prepared and implemented in a manner that is consistent (not uniform) throughout the country. In particular, in terms of section 9(b), a catchment management strategy must not be in conflict with the NWRS.

6. NWRS – Water Use “Chapter 4 - Use of Water - is one of the most important parts of the National Water Act because, among other things, it describes the provisions according to which water use may be progressively adjusted to achieve the Act's principal objectives of equity of access to water and sustainable and efficient use of water.” NWRS Ch3, Pt 2, first paragraph

7. NWRS – Compulsory Licensing The NWRS outlines the process of compulsory licensing as follows (Ch 3, Pt 8) – • Verification of existing water use • Determination of water resource availability • Classification of the water resource • Setting of resource quality objectives • Determination of the Reserve • Development of components of the catchment management strategy • Calling for and evaluation of licence applications • Preparation of water allocation schedules and undertaking public consultation on them • Announcing water use allocations in the Government Gazette • Issuing licences

8. Take-home messages • The NWRS is the broad framework for managing water resources in South Africa • It provides much useful information, but it is not sufficiently detailed to facilitate authorising individual water uses • The fundamental objectives of managing water resources in South Africa are to achieve equity, sustainability and efficiency • Water allocation reform is at the heart of achieving these objectives • (More or less) everyone is involved

9. 1) To promote PROACTIVE ACTION for redress 2) To ACHIEVE sustainable and equitable development 3) To SUPPORT poverty eradication & economic development 4) To HELP BALANCE resource protection, equity and growth WHY DO WE NEED WATER ALLOCATION REFORM?

10. WHAT ARE THE UNDERLYING CONSIDERATIONS? • The way we allocate water can have severe economic, political, social and ecological consequences • Where we must re-allocate water – minimise the impacts on the economy • We must make sure that everyone has the capacity to use the water productively and responsibly • We must support development – but in an ecologically sustainable way

11. Existing lawful use Water Availability (Model) Reserve scenarios ISP License applications Interactive developing of reconciliation options (incl Water Conservation & Demand Management) Develop Catchment Management Strategy Future use (IDP,PGDS) National Water Resources Strategy Public Participation Water required for equity, rural development Recommendations Installed Modeling System Ecological class & Reserve Allocation schedule CMS Publication, Appeals, etc Process to finalise Process to finalise Process to finalise WHAT ARE THE CONSIDERATIONS? Water use licensing Public Awareness CMA & WUA establishment

12. PHASES OF WATER ALLOCATIONS / COMPULSORY LICENSING PREPARATORY MID- CL / ALLOCATION POST- M & E Catchment Assessment Report (from Prep phase) RDM Verification of existing lawful use Water Balance Initiate Communications Campaign Engagement with other spheres of Govt (IDP,PGDS,ISRDP,LUMP) Internal Strategic Perspectives / Situational Assessments Monitoring impact of process & outcomes (socio-economic indicators) RDM Public Engagement - RDM & Allocation Plans + Schedules -

13. WHAT IS “BENEFICIAL USE OF WATER IN THE PUBLIC INTEREST”? • WATER ALLOCATION MUST PROMOTE: • Economic growth & social development • Job creation • Equitable Access to water • Social stability • Investor confidence • Protection of aquatic ecosystems • Efficient and non-wasteful use of water • A balance between sectors

14. PROMOTE APPLICATIONS FROM, AND AUTHORISATIONS TO, DISADVANTAGED USERS Cooperative governance Capacity building to support productive uses Facilitating authorisations with a high public interest Promoting BEE and women owned businesses HOW DO YOU PROMOTE BENEFICIAL USE IN THE PUBLIC INTEREST?

15. WATER ALLOCATIONS AND REALLOCATIONS MUST BE FAIR AND REASONABLE Promote the equitable distribution of the benefits of productive water use Minimise the impacts on the existing lawful users

16. MUST PROMOTE BENEFICIAL, PRODUCTIVE AND EFFICIENT USE Support livelihoods but not poverty traps Increased benefits per drop used Promote a balance use of water in a variety of sectors Capacity building and awareness wrt the most beneficial uses

17. MUST BALANCE IMPACTS WITH PUBLIC INTEREST Sustainable development balances current needs with future needs Aim to secure a minimum level of ecosystem functioning first Gradual movement to improved functioning agreed by stakeholder Accept screening or desktop impact assessments if the use is beneficial

18. LOW COMPULSORY LICENSING DETAILED PROCESS PUBLIC INTEREST RAPID PROCESS GENERAL AUTHOR. SCHED 1 HIGH LOW HIGH IMPACT • MUST SPEED UP PROCESSING OF HIGH PUBLIC INTEREST – LOW IMPACT APPLICATIONS [S 27]

19. LEVEL OF ENGAGEMENT MUST VARY BETWEEN CATCHMENTS