Module 10 — Groundwater Management
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Allocation and Licensing
The right to divert and use groundwater and surface water may be obtained through a
licence issued to the user. The terms and conditions of the licence are intended to protect the
source of water supply, the rights of the licensee and the rights of other water users who are
already using the water source.
Under the
Water Act,
the priority on the licence (the date) determines priority of use. A
user who was licensed first has prior right to the water source before those licensed at a later
date. These rights are valid as long as the specified use continues. It can be cancelled for:
Not exercising the right to use the water (non-use)
Non-performance of a condition of a licence.
During emergency situations, the government has the power to suspend a water licence
and redesignate the water for other uses.
Licensing is not required when water is used for household purposes. The legislation
clearly defines
“
household purposes”
as the use of up to a maximum of 1,250 m3 of water
per year per household (750 gallons per day (gpd)), for the purposes of human consumption,
sanitation, fire prevention and watering animals, gardens, lawns and trees. A “household”
is further defined as one or more individuals living in a single, private and detached
dwelling place.
Legislation further provides that water for household purposes has priority over all other
water uses, and has no priority in relation to other household users. This means that during
times of shortage, household users are entitled to their statutory right before other users of
water and all household users have equal priority.
The
Water Act
also provides for a new category of rights defined as the
"
traditional
agricultural user"
that applies to water historically used for watering livestock and
pesticide application to crops. Users were given a one-time opportunity to register up to
6,250
m3 of water per year (3,767 gpd) for “traditional agricultural use”. This registration
protects the landowner’s right to use water by assigning the registration a priority number
"
grandfathered" back to the date when the water was first put to use. Registration was
voluntary, so if the landowner decided not to register, they could continue to use the water,
but such use would not be protected.
Registration does not guarantee that a producing aquifer will always be capable
of supplying the amount of water that you require. In addition, water required in excess
of the registered amount, or for any other purpose (agricultural or otherwise), requires
formal licensing.
The Water Act identifies three kinds of users:
Household user
Traditional agriculture user
Licensee.
Formal licensing is required for water use
from wells that supply:
More than two households
Larger agriculture operations
Municipal users
Industrial users
Other major water users.