Mzansi is a water-scarce country and with the deepening crisis of climate change, managing our water resources is more important than ever. On this week’s episode of Farmer’s Inside Track, agricultural lawyer and consultant Katlego Ngwane joins us for a discussion on agricultural water rights that farmers cannot miss.
The interview follows a recent water compliance blitz in the Western Cape by the department of water and sanitation. It was reportedly sparked by complaints, and aimed at curbing illegal water use activities in the Klein Karoo.
Ngwane says that the department acted in line with the National Water Act 36 of 1998, which basically nationalises water. “Just because you have water running through your land, does not mean that it belongs to you and [that] you have an automatic right to use that water.”
It is much the same with gold. “If you find gold on your land, you can’t just mine it and then go ahead and sell it. You have to get a licence.”
Katlego Ngwane
The department visited over 30 properties and found the likes of unregistered boreholes, dams preventing river flow and non-compliant water measurements.
Are you using the water on your farm legally?
Ngwane explains that, before the National Water Act came into effect, the water sources on a property would belong to the owner. Now, farmers who use the water sources on their properties without the appropriate licences, are using them illegally.
“Nobody in agriculture [or] in any industry – even government municipalities – can use water without getting the relevant permissions from the department of water and sanitation.
“There’s about eleven uses that the department recognises in terms of a water-use licence. Regardless of what type of farmer you are, there will be [one of] those eleven uses [that] applies to you.”
Farmers with different or varying water needs may need to get multiple licences. Ngwane uses the example of crop farmers to explain. “So, you’re in agriculture and you grow maize. The licence that you would apply for is a licence under section 21a [of the National Water Act], which is a licence to take water for irrigation purposes. Say you want to build a dam and you want to store that water, you have to apply for a licence again [under] section 21b, which is a licence to store water.”
“Basically, you end up applying for two licences: one to take water and one to store water.”
Katlego Ngwane
The only time water licences are not required from the department, is when the water is being used for domestic purposes. Of course, agricultural ventures tend to be water-intensive, so this does not apply to farmers.
Farmers still need to apply for licences or general authorisations for all sources on their properties, including boreholes, runoff water, historic dams and the like. “The point of the National Water Act [is] that we have equitable and fair sharing of water, keeping in mind and giving consideration to the fact that South Africa is a water-scarce country.”
ALSO READ: Follow this checklist for water-use licence applications
Other podcast highlights:
This week’s Farmer’s Inside Track also has other highlights from the agricultural sector:
- Grain marketing: We chat to Ikageng Maluleke, a Grain SA economist, on how to minimise risk to selling your grain crops.
- Biorational crop solutions: Plant health and vitality is the topic we explore with Dr Brenden Neumann, the business innovation lead at Andermatt Madumbi.
- Agripreneur 101: In this week’s Agriprener 101 segment, we chat to Vhongani Shumba, the founder of mi butter, who stumbled upon her compounded butter idea while experimenting with gourmet cooking.
- Hub for black winemakers: A new trading hub for black winemakers has been launched. Agriculture, land reform and rural development minister Thoko Didiza has vowed support for this new facility.
- Book of the week: Our book of the week is The Science of Animal Agriculture by Ray V Herren.
- Farmer’s tip of the week: Our farmer’s tip this week comes from David Fincham, a director of David Fincham Aquaculture in Gauteng.
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