Water Act, 1952.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act consists of 83 sections divided into 17 Parts: Preliminary (I); Ownership and Control of Water (II); General Powers of Minister (III); Water Resources Authority (IV); Local Planning (V); Water Apportionment Board and Local Water Authorities (VI); State Schemes (VII); Water Permits (VIII); Abstraction of Groundwater and Permits Therefor (IX); Procedure on Issue of Permits (X); Dams (XI); Execution and maintenance of Works (XII); Variation and Cancellation of Permits (XIII); Easements (XIV); Water Undertakings (XV); Miscellaneous (XVI); General (XVII).
Section 163 creates the Water Appeals Board. The ownership of all water, surface or underground, is vested in the Government, unless the water rights were acquired under the Water Ordinance of 1929 (now repealed) or specifically granted before the 1st July 1935. The control of water resources is exercised at the national level by the Minister, the Water Resources Authority, responsible for the management, conservation and development of water resources and policy making, and the Water Apportionment Board. The latter is responsible for the implementation of the water policy of Kenya and its powers cover all aspects connected therewith. Any operations involving the construction or maintenance of waterworks for any of the purposes established by the Act and pertaining to any of the four classes of projects defined by sub-section 39 must be carried out upon granting of a water permit, sanction or licence by the Water Apportionment Board. Insofar as the abstraction of groundwater is concerned, the Act establishes safe distance between the well to be sunk and any body of surface water or another well, and provides for the supervision during works and the testing of water quality. Further provisions concern measures in case of waste, contamination or pollution of groundwater and saltwater intrusion. Sections 74-76 concern the declaration of conservation areas, in which the construction of wells or extension of existing wells is prohibited, unless authorized by the Water Apportionment Board. For the purpose of the distribution of water supplies, the Act provides for the appointment of water undertakers, "who shall be responsible for the provision of an adequate supply of water for the area within the limits of supply" (sect. 124, para. 1). Further provisions concern, "inter alia", (i) the variation of limits of supply; (ii) the powers of the water undertaker to prohibit or restrict the use of water, to make regulations for tariffs and the management of his supply (if the water undertaker is not a local authority), and for the prevention of water pollution; (iii) compulsory acquisition of land for purpose of water undertaking.
Section 163 creates the Water Appeals Board. The ownership of all water, surface or underground, is vested in the Government, unless the water rights were acquired under the Water Ordinance of 1929 (now repealed) or specifically granted before the 1st July 1935. The control of water resources is exercised at the national level by the Minister, the Water Resources Authority, responsible for the management, conservation and development of water resources and policy making, and the Water Apportionment Board. The latter is responsible for the implementation of the water policy of Kenya and its powers cover all aspects connected therewith. Any operations involving the construction or maintenance of waterworks for any of the purposes established by the Act and pertaining to any of the four classes of projects defined by sub-section 39 must be carried out upon granting of a water permit, sanction or licence by the Water Apportionment Board. Insofar as the abstraction of groundwater is concerned, the Act establishes safe distance between the well to be sunk and any body of surface water or another well, and provides for the supervision during works and the testing of water quality. Further provisions concern measures in case of waste, contamination or pollution of groundwater and saltwater intrusion. Sections 74-76 concern the declaration of conservation areas, in which the construction of wells or extension of existing wells is prohibited, unless authorized by the Water Apportionment Board. For the purpose of the distribution of water supplies, the Act provides for the appointment of water undertakers, "who shall be responsible for the provision of an adequate supply of water for the area within the limits of supply" (sect. 124, para. 1). Further provisions concern, "inter alia", (i) the variation of limits of supply; (ii) the powers of the water undertaker to prohibit or restrict the use of water, to make regulations for tariffs and the management of his supply (if the water undertaker is not a local authority), and for the prevention of water pollution; (iii) compulsory acquisition of land for purpose of water undertaking.
Attached files
Long title of text
An Act of Parliament to make better provision for the conservation, control, apportionment and use of the water resources of Kenya, and for purposes incidental thereto and connected therewith.
Notes
Text includes amendments until 1964.
Repealed
Yes
Source language
English
Legislation Amendment
No
Implemented by
Repealed by