CMA AND WUA GUIDE SERIES
GUIDE 3
ESTABLISHING A
WATER USER ASSOCIATION
Guide 3 in the CMA/WUA Guide Series
Department of Water Affairs and Forestry
GUIDES FOR THE ESTABLISHMENT OF
CMAS AND WUAS
The National Water Act (Act 36 of 1998) (Act) sets out the framework for the management of water
resources in South Africa. This framework includes the establishment of water management
institutions which include - Catchment Management Agencies (CMAs) and Water Users Associations
(WUAs).
The Department of Water Affairs and Forestry (DWAF) has prepared a series of guides to help people
involved in the establishment of CMAs and WUAs.
These guides were prepared from a series of working papers that explored the requirements for
CMAs and WUAs outlined in the Act. These working papers underwent successive rounds of
comments by stakeholders before they were finalized. The working papers covered the following
topics:





The Catchment Management Agency Establishment Process
Catchment Management Agency Functions and Organisational Considerations
Relationship between Catchment Management Agencies and Other Institutions
The Water User Association Establishment Process
Appropriate Public Participation for Catchment Management Agencies and Water User
Associations: Towards Cooperative Governance.
These papers were combined into a single technical report titled ‘The Establishment of Catchment
Management Agencies and Water User Associations’. This report is available from DWAF for the
reader who requires a rationale behind the information presented in the four guides.
Page i
GUIDES IN THIS SERIES
Guide 1.
Establishing a Catchment Management Agency
Guide 2.
The Catchment Management Agency as an Organisation
Guide 3.
Establishing a Water User Association
Guide 4.
Public Participation for Catchment Management Agencies and Water User
Associations
ENQUIRIES
Mr Haroon Karodia
Department of Water Affairs and Forestry
Directorate: Catchment Management
Private Bag X313
Pretoria, 0001
Tel: (012) 336 8829/30
Fax: (012) 336 8849
Email: qma@dwaf.pwv.gov.za
Web site: www-dwaf.pwv.gov.za
Page ii
ZIMBABWE
MOÇAMBIQUE
2
1
LU VUVHU /
LETAB A
LIMPOPO
BOTSWANA
4
3
OLIFAN TS
5
CROCODILE WEST
AND MA RICO
NAMIBIA
INK OMATI
10
SWAZILAND
8
LOWER VAA L
UPPER VAAL
9
6
MID DLE VAA L
7
USU TU TO
MHLATH UZE
THU KELA
14
LESOTHO
13
LOWER ORA NGE
UPPER ORAN GE
12
17
MZIMVUBU TO BU FFALO
OLIFAN TS/
D OORN
15
16
19
FISH TO GAMTOOS
B ERG
18
GOURITZ
BREED E
Page iii
11
MVOTI TO
UMZIMK ULU
TABLE OF CONTENTS
1.
INTRODUCTION .............................................................................................................................................................. 1
2.
WATER USER ASSOCIATIONS ..................................................................................................................................... 1
2.1
2.2
2.3
2.4
3.
ESTABLISHMENT PROCESS......................................................................................................................................... 2
3.1
3.2
3.3
3.4
4.
What is a WUA? ................................................................................................................................................. 1
What is the role of a WUA? ................................................................................................................................ 1
Why a formal institutional arrangement? ............................................................................................................ 1
How do WUAs fit into the overall context of water management? ...................................................................... 1
Initiation of a proposal to establish a WUA ......................................................................................................... 2
3.1.1
Initiation by Minister.............................................................................................................................. 2
3.1.2
Initiation by water users ........................................................................................................................ 2
Development of a proposal ................................................................................................................................ 4
3.2.1
Contents of the proposal ...................................................................................................................... 4
3.2.2
Preparation of a constitution ................................................................................................................. 4
3.2.3
Cost of developing proposal ................................................................................................................. 5
Evaluation of proposal ........................................................................................................................................ 5
Appropriate consultation..................................................................................................................................... 6
3.4.1
Purposes of consultation ...................................................................................................................... 6
3.4.2
Consultation after establishment .......................................................................................................... 6
3.4.3
Cost of public consultation ................................................................................................................... 6
ORGANISATIONAL CONSIDERATIONS ....................................................................................................................... 7
4.1
4.2
4.3
4.4
4.5
Purposes for which WUAs may be established .................................................................................................. 7
Inherent powers and duties ................................................................................................................................ 7
4.2.1
Body corporate ..................................................................................................................................... 7
4.2.2
Levy charges ........................................................................................................................................ 8
4.2.3
Management and planning ................................................................................................................... 8
Potential functions .............................................................................................................................................. 9
Management Committee .................................................................................................................................... 9
Funding .............................................................................................................................................................. 9
4.5.1
Water use charges ............................................................................................................................... 9
4.5.2
Operation of government works ......................................................................................................... 10
4.5.3
Direct financial assistance .................................................................................................................. 10
5.
FREQUENTLY ASKED QUESTIONS ............................................................................................................................ 11
6.
USEFUL READINGS ..................................................................................................................................................... 12
7.
ACKNOWLEDGMENTS…………………………………………………………………………………………………………..12
LIST OF BOXES
Box 1:
Box 2:
Box 3:
Box 4:
Box 5:
Box 6:
Box 7:
Box 8:
Box 9:
Some implications of establishing a WUA .......................................................................................................................... 1
Contents of a proposal for the establishment of a WUA (S91(1)) ....................................................................................... 4
Required elements of a WUA constitution (S93) ................................................................................................................ 4
Criteria for the grant of financial assistance (S61(3)) .......................................................................................................... 5
Purpose of the Act .............................................................................................................................................................. 5
Further assessment criteria ................................................................................................................................................ 6
Example of multi-sectoral WUA .......................................................................................................................................... 7
Management and Planning ................................................................................................................................................. 8
Policy on financial assistance for irrigation development .................................................................................................. 10
LIST OF FIGURES
Figure 1: Hierarchy of Water Management Institutions ................................................................................................................. 2
Figure 2: Process to establish a WUA ............................................................................................................................................ 3
Figure 3: Types of water uses for which a WUA may be established ............................................................................................. 8
Figure 4: Potential functions that could be allocated to WUAs...................................................................................................... 13
Page iv
ACRONYMS
CEO
CMA
DWAF
WMA
WUA
Chief Executive Officer
Catchment Management Agency
Department of Water Affairs and Forestry
Water Management Area
Water User Association
ABBREVIATIONS
Act
Minister
ch
s
National Water Act (Act 36 of 1998)
Minister of Water Affairs and Forestry
Chapter in Act
Section in Act
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Establishing a Water User Association
Guide 3
2.3
1. INTRODUCTION
Why a formal institutional
arrangement?
This document addresses the establishment of
new WUAs. It does not address the
transformation of existing organisations into
WUAs under Section 98 of the Act. This issue is
dealt with separately in a document titled ‘Guide
on the Transformation of Irrigation Boards and
Certain Other Boards into Water User
Associations’ available from DWAF.
The Act provides a formal institutional structure
for WUAs. This enables water management to
be devolved closer to the level of actual use.
Some implications of formally establishing a
WUA are shown in Box 1.
This Guide describes the establishment process
for WUAs including public participation
requirements (more fully described in Guide 4),
as well as organisational considerations and
potential functions which a WUA may carry out.

DWAF can officially control the provisions of the
WUA’s constitution to ensure that it is not in
conflict with the Act

DWAF can approve or refuse the establishment
of a WUA in the public interest

DWAF can ensure that the activities of a WUA
comply with its constitution and the Act

A WUA is given a legal persona so that it can
contract, sue and be sued in its own name

A WUA can obtain funds by way of levies which
members are required to pay

A WUA is able to control water use within the
scope for which it has been established and to
take remedial action within its mandate

The Minister can give directives to the WUA for
remedial action when required in the public
interest

A WUA will have fixed political accountability, in
the form of its Management Committee being
responsible to the Minister, for the manner in
which it operates
2. WATER USER ASSOCIATIONS
2.1
What is a WUA?
A WUA is a statutory body established by the
Minister under Section 92 of the Act. WUAs are,
in effect, cooperative associations of individual
water users who wish to undertake waterrelated activities for their mutual benefit.
2.2
What is the role of a WUA?
The broad role of a WUA is to enable people
within a community to pool their resources
(financial, humanpower and expertise) to more
effectively carry out water-related activities. The
establishment of a WUA must also assist in
achieving the purposes of the Act.
WUAs, firstly, enable members to benefit from
addressing local needs in terms of local
priorities and resources. Secondly, they provide
a mechanism through which a CMA (or the
Minister) can devolve the implementation of
aspects of the Catchment Management
Strategy to the local level.
WUAs will normally operate at a localised level.
However there will be exceptions, such as when
the length of a river managed by a WUA is so
long that it relates more to a regional than a
local interest. A WUA may be concerned with a
single purpose such as controlling recreational
activities on a river or providing water for
emerging farmers. Alternatively, a WUA may be
multisectoral, dealing with a variety of water
uses within its area of operation (see Figure 4).
Box 1: Some implications of establishing a
WUA
2.4
How do WUAs fit into the overall
context of water management?
WUAs, as water management institutions, are
potentially located on the bottom tier of water
management under the Act as shown
in Figure 2. They derive their functions through
a process of delegation from the Minister or the
CMA. The WUA is accountable for exercising a
delegated function to whoever gave the specific
delegation.
A WUA, together with other water management
and water service institutions, is responsible for
executing the Catchment Management Strategy
at a local level. A WUA cannot have objectives
which are in conflict with a Catchment
Management Strategy for the area within which
it operates.
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Establishing a Water User Association
Guide 3
3.1
Figure 2: Hierarchy of Water Management
Institutions
Initiation of a proposal to establish
a WUA
The initiation of a proposal to establish a WUA
may come, firstly, from the Minister. Secondly,
water users or the public may prepare a
proposal to establish a WUA and submit it to the
Minister for consideration (s92(1)).
Minister and Department of
Water Affairs and Forestry
3.1.1
Overall responsibility for
effective water management and
development of National
Water Resource Strategy
Initiation by Minister
The circumstances where the Minister may
establish a WUA on his or her own initiative are
not stated in the Act. However, the Minister is
likely to act where the establishment of a WUA
would be in the public interest. Some examples
of possible ministerial initiatives are described
below.
Catchment Management Agency
3.1.1.1
Development and Implementation of
Catchment Management Strategy
compatible with National Water
Resource Strategy
The Minister may wish to devolve the operation,
maintenance and control of a government
scheme to a local community. This is
particularly likely when the scheme has been
built for the benefit of the community concerned
and can be effectively managed by an
appropriate WUA.
3.1.1.2
Other Water Management
Institutions
Local control of a government scheme
Support of emerging farmers
The Minister may wish to support initiatives by
other government departments in respect of the
settlement of emerging farmers or the
development of subsistence farming projects. In
some cases, the establishment of a WUA may
be the best arrangement to manage the waterrelated aspects of these projects.
Local execution of Catchment
Management Strategy
3.1.1.3
3. ESTABLISHMENT PROCESS
A proposal to establish a WUA goes through a
consultation and review process. If the proposal
is acceptable, a WUA is formally established by
the Minister through a Gazette Notice. Once the
WUA is established requisite powers and duties
are delegated (see Figure 3).
Promote coordinated development of
a resource
Where uncoordinated development of a
particular resource is taking place, the Minister
may decide to establish a WUA as a means of
providing better control and avoiding potential
conflict.
3.1.2
Initiation by water users
A group of water users, or a community, may
initiate the establishment of a WUA when they
identify the need to become involved in water
related activities for joint benefit.
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Establishing a Water User Association
Guide 3
Figure 3: Process to establish a WUA
Initi ated by Minister
Ini tiated by
member of public
Initi al discussions with
DWAF Regional Office
Prepare proposal ,
draft constuti on
and request for
delegations
Identi fy proposed
scope, functions
and membership
Submit to Mini ster
Request for
additional informati on
and/or amendment
Evaluati on by
DWAF
Stakeholder
consultation
proposal
ac cepted
Minister
publ ish proposal
in Gazette
Receive written
comments
Minister
amend proposal
if necessary
Establishment of WU A
by Mi nister through
Gazette notice
Formal del egati on
by Minister or CMA of
powers and duties
Page 3
propos al not
acc epted
Establishing a Water User Association
Guide 3
Where water users wish to initiate the
establishment of a WUA, they must prepare a
proposal, and submit it to the Minister for
consideration (s92). It will be advisable to
consult with DWAF early on in the proposal
development process to ensure that what is
proposed conforms with departmental policy.
The proposal will also need to be consistent
with any Catchment Management Strategy
covering the proposed area of operation.
A model constitution, which provides some
flexibility for specific circumstances, is provided
in Schedule 5 of the Act. Proposed constitutions
for WUAs must be built around this model.
Motivations can be provided to depart from the
model where required to meet a WUA’s specific
needs. The ‘Guide on the Transformation of
Irrigation Boards and Certain Other Boards into
Water User Associations’ (available from
DWAF) also provides some useful guidance on
the preparation of WUA constitutions. All
constitutions must contain the elements shown
in Box 3.
The Director-General of DWAF may assist
persons to develop a proposal (s91(2)).
Box 3: Required elements of a WUA
constitution (s93)
3.2
Development of a proposal
3.2.1
Contents of the proposal
A proposal must contain a range of information
as shown in Box 2.

Details of the principal and ancillary functions of
the WUA.

The procedures and requirements for admitting
new members to, and terminating membership
of, the WUA. Such requirements must be nondiscriminatory and conform with the principles of
natural justice.

The voting powers of members. The voting
system adopted must be non-discriminatory and
be fair and reasonable to members.

Procedures for electing the Management
Committee of the WUA. Where there are a large
number of members, such as with irrigators, an
election process will probably be required. Where
the WUA is made up of several representative
groups a nomination process may be more
appropriate. A combination of both approaches is
also possible.

Procedural requirements for appointment of
employees of the WUA. In some cases a WUA
will not require the appointment of any staff. If a
CEO is required the Minister’s approval of the
proposed salary is required (Item 3 of Schedule
4).

Procedural requirements for obtaining loans.

The financial obligations of members towards the
WUA.
Box 2: Contents of a proposal for the
establishment of a WUA (s91(1))

The reason for making the proposal

A proposed name and area of operation for the
WUA

The proposed activities of the WUA

A description of any existing or proposed water
work within the proposed area of operation which
is relevant to the proposed activities of the WUA

A description of the water use licences or any
other authorisations which the proposed
members hold or intend applying for

The proposed constitution of the WUA

A list of the proposed members or categories of
members of the WUA and their addresses

An indication whether there has been
consultation in developing the proposal and the
results of the consultation
3.2.2
Preparation of a constitution
Perhaps the most important part of the proposal
to establish a WUA is the constitution. This
specifies matters such as the proposed
functions and objectives of the WUA,
membership, voting, appointment of the
Management
Committee
and
financial
management.
In addition to the matters shown in Box 3, it
must be clear in the draft constitution how racial
and gender representation will be achieved (s2).
The Minister can also require other reasonable
provisions to be incorporated into the
constitution (s93(3)).
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Establishing a Water User Association
Guide 3
The constitution must be accepted by all
members of the WUA. It only becomes binding
once it is approved by the Minister as part of the
establishment process of the WUA in terms of
Section 92(1) of the Act.
3.2.3
Cost of developing proposal
Where the Director-General assists a person to
develop a proposal to establish a WUA (s91(2)),
this cost will be borne by DWAF. Assistance is
likely to be provided in two main situations.
Firstly, where the people developing the
proposal seek guidance from DWAF on the
preferred routes to follow and options to be
exercised. This may include defining the area of
operation, determining the nature and extent of
water resources to be controlled, and the
powers and functions which will need to be
delegated for that purpose.
3.3
Evaluation of proposal
The
Minister
may only approve
the
establishment of a WUA to assist in achieving
the purposes of the Act (s2). An application to
establish a WUA will therefore be assessed in
light of the extent it promotes the purpose of the
Act as shown in Box 5. Other more specific
assessment considerations related to the
operation of a WUA are shown in Box 6.
If a proposal is found to be in conflict with the
Act it will be referred back to the applicant for
amendment.
Box 5: Purpose of the Act

Ensure that the nation’s water resources are
protected,
used,
developed,
conserved,
managed and controlled in ways which take
account amongst other factors -

Meeting the basic human needs of present and
future generations

Promoting equitable access to water

Redressing the results of past racial and gender
discrimination

Promoting the efficient, sustainable
beneficial use of water in the public interest
In
addition
to
providing
departmental
assistance, the Minister may provide general
financial assistance in the form of grants, loans
and subsidies to cover the cost of preparing an
application to establish a WUA (s61). In
deciding whether or not to provide financial
assistance, the Minister must take into account
the considerations listed in Box 4.

Facilitating social and economic development

Providing for growing demand for water use

Protecting aquatic and associated ecosystems
and their biological diversity

Reducing and preventing
degradation of water resources
Box 4: Criteria for the grant of financial
assistance (S61(3))

Meeting international obligations

Promoting dam safety

Managing floods and droughts
Secondly, the Director-General may need to
assist where the community concerned lacks
the ability to organise and develop the required
institutional
arrangements.
In
particular,
assistance is likely to be provided where a
development, like the establishment of
emerging farmers, needs to be promoted
through the establishment of a WUA.

Need for equity

Need for transparency

Need for redressing the results of past racial and
gender discrimination

Purpose of the financial assistance

Financial position of the recipient

Need for water resource protection
Page 5
pollution
and
and
Establishing a Water User Association
Guide 3
Box 6: Further assessment criteria
for WUA proposals
the case where a large, multi-sectoral WUA
is to be established, or where there are
fears that the WUA may be dominated by
one sector.
Whether the proposal 
Will undermine or promote the requirement to
establish CMAs

Suggestions
for
non-discriminatory
membership of the WUA.

Attempts to entrench vested interests or allows
for membership of all affected persons


Creates the risk of one interest group dominating
another
Suggestions for how stakeholders see
appropriate race, gender and geographic
representation to be achieved on the WUA’s
Management Committee.

Guarantees reasonable representation on the
Management Committee for all interest groups

Elevates the proposed institution to a level
beyond the intention of the Act

Provides sufficient information to conclude the
financial self-sufficiency of the proposed WUA



Suggestions for the specific needs the
constitution should address.

Suggestions for the initial functions that the
WUA should adopt.
Reflects the interests of the majority of water
users while taking minority interests into account

Suggestions for what the constitution should
contain.
Will contain the area of operation of the
proposed WUA within the boundaries of a Water
Management Area.

Verification by stakeholders of the draft
constitution so that it can be submitted to
the Minister as enjoying stakeholder
support.
3.4
Appropriate consultation
3.4.2
The Minister is required to ensure that
appropriate public consultation has occurred
prior to establishing a WUA (s92(3)). If,
however, the Minister is satisfied that there has
been sufficient consultation prior to the proposal
being submitted for consideration, this part of
the process can be avoided (s92(4)).
It is unlikely that the need for public consultation
will be generally waived in view of the impact
that a larger WUA may have on water
management within a catchment. However, in
the case of a smaller very localised proposed
WUA, Appropriate public consultation will be
required.
3.4.1
In regard to representivity:
The sectors of society, or categories of
water users, stakeholders wish to see
represented on the WUA. This is especially
Consultation after establishment
The Act does not specifically require WUAs to
continue the public participation process after
establishment. However, they should do so in
keeping with the spirit of cooperative
governance. The aim would be to keep their
members, as well as stakeholders in their area,
informed. Ongoing public participation could
also serve to obtain contributions for mutual
support, to obtain the collective wisdom of
stakeholders and members when solutions to
problems have to be found, and to provide an
ongoing opportunity for involvement. One such
opportunity would be the annual general
meetings of the WUA (Item 19, Schedule 5).
3.4.3
Purposes of consultation
Members interested in joining the WUA, and
other stakeholders, should be given the
opportunity to contribute as follows:

In regard to the constitution of the WUA:
Cost of public consultation
The Minister is likely to seek to recover these
costs where the establishment of the WUA will
specifically benefit its members and they have
the financial means to pay. Where the
establishment of a WUA will primarily benefit the
public good through promoting the objectives of
the Act, the Minister will normally cover the
costs of consultation. (See section 3.2.3)
See Guide 4 for more information on public
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Establishing a Water User Association
Guide 3
Box 7: Example of multi-sectoral WUA
consultation.
4. ORGANISATIONAL
CONSIDERATIONS
This section discusses purposes for which
WUAs may be established, how they may
acquire the necessary powers to carry out such
purposes and organisational considerations in
establishing a WUA.
These include the
establishment of a Management Committee and
how the operation of WUAs may be funded.
4.1
A WUA is proposed to operate and control a
government storage dam. Such a dam is used for
recreational purposes. It also supplies irrigation
farmers, municipalities, mines and industries outside
the municipality’s area of supply. Environmentalists
also have a particular interest in the manner in which
the scheme is operated. Included in the catchment is
commercial forestry development constituting stream
flow reduction activities. If established, such a WUA
would need to be representative of the different water
users and would constitute a multi-sectoral WUA.
The possibility also exists, although it is not
generally desirable, for there to be more than
one WUA within a specified geographical area.
Purposes for which WUAs may be
established
The Act provides for the establishment of WUAs
for any form of water use as described in the
Act (s21). This is a significant change from the
previous legislation (Water Act (Act 54 of 1956))
which only provided for the establishment of
institutions focussed on irrigation.
As a general rule, the combination of different
water uses in a given geographical area under a
single WUA should be supported. However, if
there is no interdependence, or if it is not
practical to do so, separate WUAs should be
considered.
The types of water uses for which a WUA may
be established are shown in Figure 4.
Under no circumstances should the route of
establishing a multi-sectoral WUA be followed
with the intention of establishing a mini-CMA for
a geographical area. This could undermine the
effective operation of a CMA managing the
overall Water Management Area. The CMA is
intended to be the key water resource
management institution in a Water Management
Area.
Interest is most likely to be shown in the
establishment of WUAs for four main purposes.
Firstly, the taking and using of water for
irrigation purposes on a commercial or
subsistence scale. This could also include as a
component of the scheme, the supply of water
for domestic, industrial and municipal use.
Secondly, WUAs are likely to be established for
stream flow reduction activities. Thirdly, interest
is likely to be shown in establishing WUAs for
the treatment and disposal of effluent and
waste. Fourthly, there may be demand for
establishing WUAs to control the use of water
for recreational and/or environmental purposes.
A WUA may be established for a combination of
water uses. An example of where this may be
justified is shown in Box 7.
Where there is no commonality between water
users within a specific area or region it may be
more appropriate to establish a single-purpose
WUA.
4.2
Inherent powers and duties
Once established, a WUA is automatically
vested with certain powers and duties under the
Act. These are described below.
4.2.1
Body corporate
A WUA is a body corporate and has the powers
of a natural person of full capacity, except those
powers which by nature can only attach to
natural person (s94(1)). This means that once a
WUA is established and has a Management
Committee in place, it can set up an office and
perform any function in terms of its constitution
which does not require a delegated power.
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Figure 4: Types of water uses for which a WUA may be established
Taking water from a
resource. Damming
or diverting water.
Streamflow
reduction
activities
WUA
Using water for
recreational
purposes
Discharge of waste into a water
resource. Disposing of waste in a
manner which may detrimentally
impact on a water resource.
Removing, discharging or
disposing of underground water.
Box 8: Management and planning
of WUAs (schedule 4)
4.2.2
Levy charges
A WUA may levy charges on members in
accordance with the Minister’s pricing strategy
to cover its costs (s57(2)). Such charges could
be in respect of administrative, operational and
maintenance costs as well as for servicing any
loan commitments.
4.2.3
Management and planning
Part 1 – The responsibilities and role of the
Management Committee and terms and conditions of
appointment.
Part 2 - The duties of the Management Committee
members and disclosure of interests.
Part 3 – Proceedings of the Management Committee
in respect of convening meetings, notices of
meetings, quorums, minutes etc.
Part 4 – Organisational planning and preparation of
business plans.
Schedule 4 to the Act, dealing with the
management
and
planning
of
water
management institutions, is applicable to a
WUA on establishment (s94(2)). The content of
Schedule 4 is summarised in Box 8.
Part 5 – Monitoring of the affairs of the WUA by the
Minister and intervention.
Part 6 – Keeping of financial records, accountability
and reporting.
Page 8
Establishing a Water User Association
4.3
Guide 3
appointment of a Management Committee as
well as a Chairperson and Deputy Chairperson.
Potential functions
There is no specific rule regarding the functions
to be allocated to a WUA within its area of
operation. The process will be guided by the
circumstances of each case. Figure 5 (located
at the back of the Guide) provides a guide to
possible functions that could be allocated in
different circumstances.
Where a multi-sectoral WUA is proposed to be
established, the potential functions of such a
body could be a combination of the functions of
single-purpose WUAs.
It is possible for a multi-sectoral WUA to
become involved in the supply of water for
domestic purposes. However, it must obtain the
necessary approval in terms of Section 22 of the
Water Services Act (Act 108 of 1997) from the
relevant water services authority.
Functions that are not regarded as day-to-day
activities of a WUA should be carried out in
consultation with the ‘responsible authority’
which is either the Minister, or a CMA if the
requisite powers have been delegated to it.
The inclusion of functions in a WUA’s draft
constitution does not automatically vest them in
the WUA on establishment. The applicant must,
as part of the establishment procedure, formally
apply for the powers and duties required to
exercise these functions to be delegated to the
WUA. This can be done in a covering letter
when submitting a proposal for consideration.
The draft constitution is likely to reflect proposed
functions to be performed by the WUA over a
period of time. These may be seen as
objectives. In assessing the proposal, DWAF
will consider the actual delegation requirements
during the earlier stages of the WUA’s existence
as well as its capacity to exercise the proposed
delegations effectively. Further delegations may
be considered once a WUA is up and running
and has demonstrated the capacity to expand
its activities.
The manner in which the Management
Committee (as governing body) must function,
its roles and responsibilities, its proceedings
and other operational matters are prescribed in
Schedule 4 of the Act (s94(2)).
The Management Committee is responsible to
the Minister and its members for the manner in
which it executes its functions (s95 and item 33
of Schedule 4).
Some of the decisions taken by the
Management Committee, such as the temporary
transfer of a water use authorisation, or the
recovery of costs against a person, may be
appealed to the Water Tribunal by the affected
person (s148).
The Minister can direct that parts of Schedule 4
not be applied to a WUA should circumstances
so dictate (s94(2)). The application of Part 4
dealing with institutional planning would, for
instance, be appropriate in the case of a WUA
with loan commitments in respect of
infrastructure. However, it may be inappropriate
in the case of a WUA established for
subsistence farming or for monitoring water
quality.
In each case, the applicants should examine
Schedule 4 carefully and, if necessary, as part
of the establishment proposal, motivate the
need for a departure from any of the
requirements of the schedule.
4.5
Funding
The ability of a WUA to fund itself is vital to its
existence. Sources of funding include water use
charges (s57), subsidies or grants (s61), or
other sources which meet the requirements of
the Act (s61(2)) such as aid programmes or
guaranteed sponsorship.
Powers and duties under the Act may be
delegated to the WUA by the Minister or a CMA.
The inability of a WUA to meet its financial
obligations is an important consideration for
intervention by the Minister (s95(3)(a)) and may
lead to the disestablishment on those grounds
(s96(1)(d)).
4.4
4.5.1
Management Committee
The constitution of a WUA must provide for the
Water use charges
A WUA may set water use charges to fund its
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Establishing a Water User Association
Guide 3
operations(s57). These must be in accordance
with the Minister’s pricing strategy. Once levied
members are liable for payment (s59). The
WUA is also authorised to take remedial action
in the event of non-payment.
4.5.2
Operation of government works
Both the Act and the Water Services Act
provide for the transfer or disposal of
waterworks
belonging
to
the
National
Government (s115 and 73(1)(a) respectively).
Such waterworks could be transferred to a
WUA. A WUA could then cover its operating
costs through the proceeds of operating such
works.
DWAF is currently drawing up a policy
document setting out the conditions under which
government waterworks may be transferred to
WUAs.
4.5.3
Direct financial assistance
As already indicated in Section 3.2, direct
financial assistance can be provided by the
Minister to achieve any purpose of the Act
(s61). DWAF has not yet developed a general
policy on when such direct financial assistance
is likely to be granted. However, a policy has
been developed for financial assistance for
irrigation development (see Box 9).
Box 9: Policy on financial assistance for
irrigation development
Beneficiaries are limited to existing or new irrigators
of the historically disadvantaged groups who are
members of a WUA.
The subsidy is payable to the WUA after the targeted
irrigators have been established and constituted as
members.
The subsidy must be used by the WUA to directly
subsidise the proportional capital cost share of the
beneficiaries. This will lead to differential tariffs being
imposed on them.
The maximum extent of the subsidy payable to a
WUA for irrigation development will, subject to
revision from time to time, be based on the lowest
value ofa)
the proportional share (percentage of total
annual water allocation) of the beneficiaries in
the total subsidisable capital cost investment;
or
b)
R10 000 per scheduled hectare of the
beneficiaries; or
c)
R50 000 per scheduled member of the
beneficiaries.
The most important aspect of this policy is that
the subsidy is only available for the capital cost
of approved waterworks associated with the
proposed new irrigation development. No
subsidy is provided for the administrative and
operating cost of a WUA.
Therefore, the establishment of a WUA is only
possible if members are able to pay for the
operation and maintenance cost of any capital
works and for the full administrative costs of the
WUA.
This has always been a limiting factor in the
ability to establish new irrigation boards and will
continue to be so in the case of establishing
new WUAs.
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Establishing a Water User Association
Guide 3
5. FREQUENTLY ASKED
QUESTIONS
Question: When will the Minister approve the
establishment of a WUA?
Answer: The Minister will only approve the
establishment of a WUA if it will promote the
objectives set out in Section 2 of the Act. These
objectives include a wide range of factors
including equity; efficient, sustainable and
beneficial use of water; social and economic
development;
and
protecting
aquatic
ecosystems. A proposal to establish a WUA
should also be consistent with any applicable
Catchment Management Strategy.
Question: How will WUA’s be funded?
Answer: WUA’s will normally be funded through
charges levied on its members. Other potential
sources of funding include the proceeds from
operating
waterworks,
direct
financial
assistance from DWAF or a CMA and aid or
sponsorship funding.
Question: Who are WUAs accountable to?
Answer: The Management Committee of a
WUA is, in the first instance, directly
accountable to the WUA’s members. The WUA
is more broadly accountable to the Minister for
carrying out its activities within the bounds of its
constitution and in accordance with the
provisions of the Act. The Minister may delegate
overseeing the operation of a WUA to the
relevant CMA or DWAF Regional Office. In that
event, a WUA would be accountable to that
CMA or Regional Office.
Question: What is the difference between a
CMA and a WUA?
Answer: A CMA is responsible for water
resources management over an entire Water
Management Area. It has a Governing Board
representative of stakeholders from this wide
region. In contrast, a WUA will represent a
much smaller scope of interest, usually a sector
of water users in a confined geographical area.
A CMA will prepare a Catchment Management
Strategy to address water resource issues over
the whole Water Management Area. The
Catchment Management Strategy will provide
guidance to the Minister as to whether specific
WUAs should be established and what functions
they should be authorised to carry out within the
Water Management Area. In turn, WUAs will
provide a local institutional structure through
which the Catchment Management Strategy can
be implemented at a local level.
Question: Both CMAs and WUAs may set
water use charges. Thus, will users have to pay
twice?
Answer: A WUA may only set charges to
recover its costs for services rendered. This
could be in respect of the control and monitoring
of water use within its area of operation, the
operation and maintenance costs of waterworks
used for supplying water and costs associated
with the repayment of loans obtained for
building or acquiring waterworks for the supply
of water to its members. Similarly, a CMA may
only set charges for the cost of its services,
such as preparation of a catchment
management strategy. A CMA’s activities are
different to a WUA’s activities. Nobody will have
to pay twice for the same water service.
Question: May a CMA assist a WUA financially
if the CMA has delegated some of its functions
to the WUA?
Answer: It is possible for a CMA to delegate
certain responsibilities, such as monitoring and
control, to a WUA and to assist it financially to
render the service. It should be borne in mind
that a WUA may provide catchment
management services to, or on behalf of
responsible authorities, only if it does not limit its
capacity to perform its principal functions or
financially prejudice the WUA (item 5,
Schedule 7).
Question: What are the advantages to users of
forming a WUA?
Answer: It all depends on the purpose for which
a WUA is established. In the case of irrigation
schemes for commercial or emerging farmers,
the joining of forces in establishing a WUA
makes it possible to establish joint works on an
economic scale which are shared by members.
The development of individual small scale works
are normally not financially viable. In the case
of WUAs established for control over
recreational use, the benefit would be that a
single body assumes responsibility for the use
of a particular water resource for recreational
purposes allowing for the necessary coordination and balancing of interests to avoid
conflict. In each case people must satisfy
themselves whether the establishment of a
WUA for a particular water use will have
sufficient advantages to justify becoming a
member. Membership is voluntary.
Question: Can there be two WUAs on the
same resource?
Answer: It is quite possible to have more than
one WUA for the same water resource, for
example a WUA for the abstraction, control and
the use of water for irrigation and other
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Establishing a Water User Association
Guide 3
purposes and a separate WUA controlling the
recreational use of the same resource.
Naturally there should not be more than one
WUA for the same water use in respect of the
same resource.
written legislation, the Act is easy to read and fairly
comprehensible even to lay persons. It contains explanatory
notes at the beginning of every chapter and many of the
parts of chapters. Legalese and jargon have been kept to
the minimum, and a useful list of definitions in simple
language is provided.]
Question: If the forestry industry forms a WUA
on a particular resource, can the banana
industry and/or sugar cane industry form their
own WUAs on the same resource?
Answer: Forestry’s interest in water use is
directly related to a stream flow reduction
activity. Owners of banana and sugar cane
plantations could, if irrigation is involved,
approach DWAF for the establishment of a
WUA. If not, it would serve no purpose to form
a WUA unless that particular water use is
identified as a stream flow reduction activity
under s36(1) of the Act. In such a case, they
should consider joining forces with the forestry
industry in view of their involvement in the same
activity (stream flow reduction) in the same
area.
Görgens A, Pegram G, Uys M, Grobicki A,
Loots L, Tanner A and Bhengu R (1998)
Guidelines for Catchment Management to
Achieve
Integrated
Water
Resources
Management in South Africa, WRC Report No.
KV 108/98.
Question: Can the existing forest industry
liaison committees become WUAs?
Answer: It is quite possible for these
committees to be transformed into WUAs
provided they can propose an acceptable
manner to finance the proposed Association.
7. ACKNOWLEDGMENTS
The Department acknowledges the contribution
of the following in the preparation of these
guides:

Members of the Steering Committee for this
project, consisting of both Departmental
personnel and stakeholders representing a
wide range of water users.

The many Departmental and external
stakeholders who contributed via interviews
and by offering comments, either on these
documents during the various stages of their
development or just generally in some of the
open debates that have taken place.
6. USEFUL READINGS
Auerbach R (1997) People and South African
Integrated Catchment Management, WRC
Report No 684/1/97.
DWAF (1999) The Establishment of Catchment
Management Agencies and Water User
Associations, unpublished report and the source
document from which these Guides were
prepared.
DWAF and Water Research Commission (1998)
A Strategic Plan for the Department of Water
Affairs and Forestry to Facilitate the
Implementation of Catchment Management in
South Africa, WRC Report No. KV 107/98.
Peart R, Muller G, Forsyth P, Hlope J, Yetton S
and McClintock S (1999) Initial Scan of Issues
to be Addressed in Establishing Catchment
Management Agencies, CSIR Report prepared
for DWAF.
Republic of South Africa (1998) National Water
Act (Act 36 of 1998), Government Gazette,
South Africa. [Unlike many people's perceptions of
Page 12
Establishing a Water User Association
Guide 3
Figure 5: Potential functions that could be allocated to WUAs
WUAs established for treatment and/or
disposal of effluent and/or waste
WUAs exercising control over the use of
water over a stretch of river
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
To prevent water from any water resource being
wasted
To promote water resources
To prevent any unlawful water use
To remove or arrange to remove any obstruction
unlawfully placed in a watercourse
To prevent any unlawful act likely to reduce the
quality of water in any water resource
To exercise general supervision over water
To regulate the flow of any watercourse by
clearing its channel; reducing the risk of damage
to the land in the event of floods; and changing a
watercourse back to its previous course where it
has been altered through natural causes
To investigate and record the quality and quantity
of water at different levels of flow in a watercourse
and the times when and the places where water
may be used by any person entitled to use water
from a water course
To construct, purchase or otherwise acquire,
control, operate and maintain waterworks
considered to be necessary for draining land and
supplying water to land for irrigation or other
purposes
To supervise and regulate the distribution and
use of water from a water resource according to
the relevant water user entitlements
In the event of a water shortage, in terms of the
provisions of item 6 of Schedule 3 to the Act, limit
or prohibit the use of water; require any person to
release stored water under that person’s control;
prohibit the use of any waterwork and require
specified water conservation measures to be
undertaken
Limit the taking of water in terms of Schedule 1 of
the Act in accordance with item 2(e) of Schedule
3 of the Act
Providing management services, training and
other support services to water service institutions
and rural communities
Providing catchment management services to or
on behalf of responsible authorities.
1)
2)
3)
4)
5)
6)
To ensure that the conditions of its members’ water
use entitlements are met
To monitor the quality of water in respect of the water
resources affected by its members’ activities
To prevent any unlawful activities related to the
treatment and disposal of effluent and waste
To investigate and comment on applications for new
licenses or the amendment of existing water use
entitlements
Providing management services, training and
support services to water service institutions and
rural communities
Providing catchment management services to or on
behalf of responsible authorities
WUAs established for stream flow
reduction activities
1)
2)
3)
4)
5)
To prevent any unlawful developments
To ensure that the conditions of its members’ water
use entitlements are met
To investigate and comment on applications for new
licenses or the amendment of existing water use
entitlements
Providing management services, training and
support services to water service institutions and
rural communities
Providing catchment management services to or on
behalf of responsible authorities
Page 13
WUAs exercising control over
subterranean water
1)
2)
3)
4)
To prevent subterranean water from being wasted
To protect the water resource
To prevent any unlawful water use
To prevent any unlawful act likely to reduce the quality
of water in the water resource
5) To exercise general supervision over the water resource
6) To investigate and record water quality, the water level
within the aquifer and the fluctuation in levels in relation
to the permissible abstraction rate
7) To construct, purchase or otherwise acquire, control,
operate and maintain waterworks considered necessary
for supplying water on a communal basis
8) To supervise and regulate the distribution and use of
water from a water resource according to the relevant
water use entitlements
9) In the event of a water shortage, in terms of the
provisions of item 6 of Schedule 3 to the Act, limit to
prohibit the use of water, require any person to release
stored water under that person’s control, prohibit the use
of any waterwork and require specified water
conservation measures to be undertaken
10) Limit the taking of water in terms of Schedule 1 of the
Act in accordance with item 2(e) of schedule 3 to the Act
11) Providing catchment management services to or on
behalf of responsible authorities