WATER LAW II

Lecture 4
Mr. Osimbo Moses
Water and Environmental Engineer
 Regulation of water rights and works
• Water permit
• Easements
• Entry on land
• Licensing
• Effluent disposal
• Penalties to offences
• Water undertaking
 Water permit
• A permit is an official document giving someone
authorization to do something.
• Water permit are necessary for the regulation of water
rights and water works
• A water permit is a legal document given to someone or an
institution authorized to carry out operations within water
sector
• The permits are issued within a specified time frame and
can be renewed occasionally by the authority.
• For the permits to be issued, certain processes must be
followed.
• Permits issuance for domestic purposes are often given
priorities over others
 Water permit cont;
• Permits may be issued in exceptional cases where the
CS in consultation with authority may warrant grant
permit through regulation made in gazette
• This applies in cases where granting of permits may
interfere with water use for domestic purposes
• Grants can be categorized in different water services
– Surface water
– Effluent discharge
– Groundwater
– Swamp drainage
WATER PERMIT PROCESS
 Water permit process cont
• Permit holders will be required to pay some charges to the
authority for users of water as prescribed in permits
• The authority will establish and maintain a register of an applied
issue permit of the natural level
• Before a permit is issued, several considerations will be put in place;
– Efficient and favorable use of water in public interest
– Existing lawful uses of water
– Strategic importance of the proposed water use
– Quality of water in water resources may be required for the reserve
– Likely effects of the proposed of water use on water
– Predictable duration of operation of water use authorized
– Clarification and resource quality, objective of water resource
 Power to require permit application
or re-application
• This applies in response to authority review of water resource used to all
water users though a gazette notice to apply or re-apply for permits for
one or more water use
• The purpose of this process is;
– Promote efficient water resource management
– Ensure equal allocation of water
– Sustainable location from stressed sources
– To promote beneficial use of water for public interest
• The authority then prepares a proposed allocation schedule which is
subject to public consultation
• A preliminary schedule is then established in the gazette
• Any desfactorization of preliminary allocation can be appealed in 30 days
• The authority then publishes a final preliminary schedule for inspection in
different times after which permit can be issued according to the provided
schedule allocation and cancel any.
 Cancellation of a Water Permit
• Variation of a permit is where a change is affected in the use of a
permited water source
• A permit can be cancelled or varried where an applicant
contravenes any condition of permit of failure.
• These changes are done to accommodate other water users within
a particular water resources
• A permit holder will be notified of any cancellation of variation
processes
• Permit holders can therefore table an objection with reasonable
justifications to the authority on why their permit should be
cancelled or valid
• Financial compensation is given to permit holders
• Permits can also be valid after hydrogeological survey has been
done or unrequest from permit holders and the variation related to
the use of water authorised by the permit
 Easement
• An Easement is a legal document issued by WRA formerly
WRMA authorizing the land holder to enter into another
land for the purpose of constructing and maintaining works.
• An easement is a non-possessory interest in the land of
another that entitles the easement holder to limit use of
another’s land without interference.
• An easement is a right benefiting one parcel of land that
permits the rightful users of the land to perform specified
actions over a neighboring parcel of land.
• Easement Holder is a person with a legal right to use the
easement and may include the owner of the land across
which the easement passes.
 Modes of acquiring easements
• Where the holder has no objection
• Where the holder has objection

1. Where the land holder has no objection

The operator serves the land holder with a written notice and a
copy is submitted to WRA/WRMA
The land holder and operator draw an agreement prepared and
signed by both parties by commission of oaths
A certified agreement is then sent to the Registrar of titles and
the particulars of work addressed in the title deed with the deed
plan
Two copies endorsed by the Registrar are submitted to WRMA
WRMA issues easement with conditions pertaining to Water
permit.
 2. Where the land holder objects
• The operator sends notice to the land holder and
a copy submitted to WRMA
• If the land holder does not reply 2 months, the
operator may apply for easement through WRMA
directly
• WRMA after consideration may approve or
dismiss the application.
• WRMA facilitates the easement to be endorsed
by the Registrar of Titles
• On receiving the endorsed copies, WRMA
easement with conditions.
 Conditions involved in Easement
• The easement holder must avoid frauding the
land
• The easement holder must keep the work in a
state of repair and if she or she fails, may be tried
in a competent court to pay damages
• The land holder shall not be prevented from
passing freely over or on his land
• The land holder must be notified of easement
application and particulars
• The land holder may use the land occupied by the
work.
 ENTRY ON LAND
• An employer or agent of WRMA may enter onto
any land without a warrant for the following
purposes
– Conserving or regulating the water resource
– Removing any obstruction or clearing and deepening
the bed
– Preventing the excessive or illegal diversion, waste or
pollution of water resource
• NB the employee or the agent shall enter the
other person’s land at reasonable hour of the day
and at some times a notice should be given.
• An employee or agent of the board may enter
other persons land without a warrant for the
following purposes;
– Exercising any right conversed to them to cut off
supply for non payment
– Exercising and right conversed to maintain and
execute work
– Ascertain whether there has been any
contravenience of any regulation
• NB the employee or any agent of the board
shall enter into a person’s land at reasonable
hours of the day
• An agent of WRMA or WSRB can arrest a
person who has contravened any section
under the water Act without a warrant if:
– He refuses to give his name at place of aboard
– Employee has reasons to believe that the name
and other particulars given are false
• Permits issue regarding entry to other peoples land shall be
determined by the authority
• This is done through a notification to identified land holders that an
application to enter their land has been made
• In making this permit’s applications several factors are put in place;
– Preventions or compensations
– Schedule of land which may be affected by
– Payment of a prescribed fee is made
– Submit names and addresses of affected land holders
– A survery is carried out by the authority to determine the effects of
proposed works or operations
– Inspections are carried out at different times by an inspector from
authority to inspect water resource location within or accessible from
land concerns
 Entry on Land cont’d
• The purpose of this inspection is;
– to prevent excessive or illegal diversion of water
– Remove any obstruction from or clear any deepening
the bed
– Conserve or regulate water resources

• The inspector may upon request for permit

holder, license or an agent to a permit holder
avail information regarding any inquiry
• License, map, land drawing, specifications
relating to permit