Water Use Regulations, 2001 (L.I. 1692).

These Regulations, made by the Water Resources Commission by section 35 of the Water Resources Commission Act, 1996, concern appeal for and grant of authorization by the Commission to use water. Subject to the Act, a person may obtain a permit from the Commission for: (a) domestic water use (b) commercial water use, (c) municipal water use, (d) industrial water use, (e) agricultural water use, (f) power generation water use, (g) water transportation water use, (h) fisheries (aquaculture) water use (i) environmental water use (j) recreational water use, and (k) under water (wood) harvesting. The Commission shall in considering an application, conduct an investigation to ascertain whether the proposed use of the water (a) is in accordance with the established water use policies and plans, and (b) will not cause irreparable damage to water resources, public health and the environment. In conducting the investigations the Commission shall consider the technical and social aspects of the application and ensure public participation, especially by the people in the area likely to be affected by the proposed use. In considering an application, the Commission shall be guided by (a) the prevailing water policy, (b) domestic water use, and (c) any other water use which fulfils the goals of national socio-economic development. A public hearing shall be held and objections may be made by a person claiming water right or other interest in a water resource which is the subject of a new application.
Subsistence agricultural water use for land areas not exceeding one hectare is exempted from an authorization requirement but an application for the registration of such water use shall be submitted to the relevant District Assembly. The Commission may, in consultation with the Environmental Protection Agency, consider a proposed water use to constitute a use which requires an environmental impact assessment. The Regulations provide for an appeals procedure in respect of decisions of the Commission and establish an Inspectorate Division of the Commission.