Agriculture Reference
In-Depth Information
Several mechanisms can be used to reconcile water requirements, achieving greater
equity without significantly curtailing existing lawful water use. In many catchments, a
doubling of water use by small-scale irrigation farmers would not require significant
reductions by the large-scale users. In these cases water conservation and demand
management should be used as a first option to reduce water use without affecting
economic returns. Similarly, the removal of alien vegetation can increase water
availability. Resource management options such as increased storage, regulation of
stream flow, or interbasin transfers may also increase water availability.
More challenging circumstances could arise in situations in which these interventions
will be insufficient to meet demands, and existing lawful water use will have to be
reduced to ensure greater equity, to achieve certain water quality objectives, or to shift to
more productive water use sectors.
Reallocation issues
The National Water Act provides for existing lawful users to claim compensation in
cases where they may suffer “severe prejudice to the economic viability of the
undertaking” because of water curtailments. However, water users may not claim
compensation where the reduction in lawful use is required to:
meet the needs of the Reserve (see below); or
rectify an over-allocation; or
rectify an unfair or disproportionate water use.
These provisions were checked for constitutionality when the Act was promulgated.
However, the way in which these provisions are exercised and the way in which
reallocations of water are carried out, may give rise to challenges for compensation. It is
therefore important for the allocation procedures to be administratively reasonable, fair,
and consistent.
Resource-directed measures
The National Water Act outlines two complementary approaches toward protecting
the water resource: resource-directed measures and source-directed controls. Source-
directed controls would take effect through the water use licensing process described
earlier. Resource-directed measures focus on the overall health of the water resource and
include mechanisms to protect the character and condition of river and riparian habitats
and aquatic biota. Resource- directed measures currently under development by DWAF
include the following:
development of a National Classification System for water resources;
determination of the class of each significant resource;
determination of the Reserve in accordance with the class of the resource; and,
determination of Resource Quality Objectives.
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