Water Act 1967 (No. 25 of 1967).

The central control of the conservation and use of water (which includes the acquisition, construction, extension, alteration and maintenance of waterworks, the supply on undergroundwater, irrigation and hydro-electric power) is entrusted to the Minister for Works, Power and Communications. As regards the control and use of private waters, Part III establishes that there shall be no right of property in public water, and a riparian proprietor or any other person who is entitled to use public water for any of the purposes authorized by this Act shall not sell, lease or otherwise dispose of (a) any portion of such water; or (b) the water right by virtue of which he is so entitled to the use of water. Exclusive and unlimited use and enjoyment of private water belongs to the proprietor of the land on which such water is found. Further provisions, concerning the use of private and public water, regard inter alia soil erosion control, the use of the normal flow of a public stream, rights to surplus water, purification of industrial water. The Act provides for the establishment, composition, etc. Of the Water Apportionment Board, whose functions are as follows: (a) to advise the Minister on (i) the establishment of any Government water control area or catchment control area; (ii) the fixing of rates or charges; (iii) the control of the sources, catchment areas, beds and banks of public streams; (iv) any other matter connected with the preservation, conservation, utilization, control, supply and distribution of water resources and water. The Minister may, from time to time, establish water courses according to the provisions of Part V. He may also, out of funds and revenues available, and subject to the provisions of this Act, approve the construction of waterworks for the purpose of conserving or utilizing any water or the drainage of land, or for abstracting, storing or preventing the waste of or controlling groundwater or for the generation of electricity. Article 66 regulates the declaration of control areas, i.e., areas affected or likely to be affected by any Government waterworks, and areas (which may include non-riparian land) within which the abstraction, utilization, supply or distribution of the water of any public stream should be controlled in the public interest. After the declaration the Minister may by notice in writing, suspend for a specified period all or any of a proprietor's rights in or over any land in the control area, and at the expiration of a period of three months from the date of such notice, enter upon and take possession of the land in order to carry out such work, unless the proprietor undertakes the construction of such works at his own expenses. Article 68 regulates the expropriation of land or any right in respect of land within a Government water control area or catchment control area upon obligation to pay compensation. As regards the control of public water, the rights to the use and the control of water in any public stream in a Government water control area shall vest in the Minister on behalf of the Government and shall be exercised by the board, and no person shall, except under the authority of a permit, (a) abstract, impound, store or use such water; or (b) construct, alter or enlarge any waterworks for the abstraction, impounding, or storage of such water.
Further provisions concern: (a) the special river control area of the Little Usutu and Great Usutu rivers (art. 70); (b) the issue of permits for the use of water on non-riparian land; (c) the collection of rates and charges; (d) powers of inspectors appointed for the purposes of the proper enforcement of the provisions of this Act relating to the exploitation and use of public water.
According to Part VII the Minister may establish water sport control areas and make regulations relating to (a) the use of such land for navigation; (b) the control of craft; (c) the fees payable in respect of the use of such areas. Part VIII regulates the constitution of irrigation districts either by petition by proprietors or by notice of the Minister.
For every irrigation district there shall be an irrigation board, elected according to the provisions of the Act, which shall exercise functions related to the following: (a) protection of water sources; (b) prevention of the waste of water; (c) general supervision over all public streams; (d) supervision and regulation of the distribution of water; (e) construction and maintenance of waterworks; (f) control, operation, administration or maintenance of Government waterworks; (g) assessment of rates on land; (h) expropriation of land or servitude over land or any existing right for the purposes of this Act. The Minister may appoint officers in order to supervise the affairs of an irrigation board.
Part IX on servitude regulates, among other matters: (a) point on a public stream at which water may be taken; (b) rights of servitude and of proprietors of dominant and servient tenements; (c) mode of acquiring servitude; (d) conversion of temporary servitude into permanent servitude; (e) registration of servitude.