Section 7 of the Act provides for the general rights to use water for domestic use
and to irrigate a subsistence garden by the resident or occupier of land where there is
a natural source of water. Section 2 defines “domestic use” to include use for the
purpose of human consumption, washing and cooking by persons ordinarily resident
on the land where the use occurs, watering not more than thirty livestock units,
irrigating a subsistence garden and watering a subsistence fish pond. The Act provides for user permits for the use and supply of water where it involves construction
and operation of works as well as discharge of waste into a water body. Section 18
requires any person wishing to construct any works or to take and use water to apply
to the director of water development in the prescribed form for a permit to do so. The
permit is issued requiring the holder to observe certain standard conditions. These
include: not causing or allowing any water to be polluted, preventing damage to the
source from which water is taken or to which water is discharged after use, taking
precautions to ensure that no activities on the land where water is used result in the
accumulation of any substance which may render water less fit for the purpose for
which it may be reasonably used, observing conditions prescribed by regulations
made under this Act and observing any special condition that may be attached to the
permit.
38
The Water permit system of Uganda provides for six types of permits: Surface
water and ground water abstraction, Waste water discharge, Drilling, Hydraulic
works construction, Easement Certificates. Using a motorized or a powered pump
to abstract (extract) water from any surface water body requires a Surface Water
Abstraction permit. Using a motorized or a powered pump to abstract (extract) water
from a ground water well/spring requires a Ground Water Abstraction permit. The
constructing or operating of any works for impounding, damming, diverting or
conveying any surface or underground water or draining, or conveying any surface
water or draining any land requires either a surface water abstraction permit or a
water abstraction permit or a hydraulic works construction permit.
39 Therefore, large
scale/commercial irrigation for agriculture productivity requires the relevant permits.
The permit system ensures that the use of water is environmentally friendly and
promotes sustainable development and detailed procedures are provided in the water
regulations.
The Water resources Regulations 1998 made under the Act define procedures of
application and regulation of water abstraction permits. Under regulation 6, the
factors to be taken into account by the director when considering an application
include the existing and projected availability of water in the area, quality of water,
any adverse effect which the facility or allocation or use of water under the permit is
likely to have on the existing authorized uses of water, an aquifer or waterway, the
drainage regime, the availability of any alternative sources of supply and the need to
protect the environment among others.
38 Section 20 of the Water Act Cap 152.
39 Rawarinda (2016).
70
E. Kasimbazi
and to irrigate a subsistence garden by the resident or occupier of land where there is
a natural source of water. Section 2 defines “domestic use” to include use for the
purpose of human consumption, washing and cooking by persons ordinarily resident
on the land where the use occurs, watering not more than thirty livestock units,
irrigating a subsistence garden and watering a subsistence fish pond. The Act provides for user permits for the use and supply of water where it involves construction
and operation of works as well as discharge of waste into a water body. Section 18
requires any person wishing to construct any works or to take and use water to apply
to the director of water development in the prescribed form for a permit to do so. The
permit is issued requiring the holder to observe certain standard conditions. These
include: not causing or allowing any water to be polluted, preventing damage to the
source from which water is taken or to which water is discharged after use, taking
precautions to ensure that no activities on the land where water is used result in the
accumulation of any substance which may render water less fit for the purpose for
which it may be reasonably used, observing conditions prescribed by regulations
made under this Act and observing any special condition that may be attached to the
permit.
38
The Water permit system of Uganda provides for six types of permits: Surface
water and ground water abstraction, Waste water discharge, Drilling, Hydraulic
works construction, Easement Certificates. Using a motorized or a powered pump
to abstract (extract) water from any surface water body requires a Surface Water
Abstraction permit. Using a motorized or a powered pump to abstract (extract) water
from a ground water well/spring requires a Ground Water Abstraction permit. The
constructing or operating of any works for impounding, damming, diverting or
conveying any surface or underground water or draining, or conveying any surface
water or draining any land requires either a surface water abstraction permit or a
water abstraction permit or a hydraulic works construction permit.
39 Therefore, large
scale/commercial irrigation for agriculture productivity requires the relevant permits.
The permit system ensures that the use of water is environmentally friendly and
promotes sustainable development and detailed procedures are provided in the water
regulations.
The Water resources Regulations 1998 made under the Act define procedures of
application and regulation of water abstraction permits. Under regulation 6, the
factors to be taken into account by the director when considering an application
include the existing and projected availability of water in the area, quality of water,
any adverse effect which the facility or allocation or use of water under the permit is
likely to have on the existing authorized uses of water, an aquifer or waterway, the
drainage regime, the availability of any alternative sources of supply and the need to
protect the environment among others.
38 Section 20 of the Water Act Cap 152.
39 Rawarinda (2016).
70
E. Kasimbazi