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119<br />

10.18 Some water control systems in NatallKwaZulu*<br />

Various categories <strong>of</strong> Government water control systems are described below. Mountain<br />

catchment areas (as opposed to catchment control areas), are examined in the chapter on<br />

catchments. Water boards in NatallKwaZulu are then considered. A brief discussion <strong>of</strong><br />

irrigation districts and boards in Natal concludes the present section.<br />

10.18.1 Government water control areas<br />

Government water control areas are declared by the Minister <strong>of</strong> Water Affairs and Forestry<br />

in order to protect public water sources against over-exploitation, and to ensure that all<br />

water users within the control areas receive their rightful share <strong>of</strong> the available water.<br />

Areas <strong>of</strong> existing irrigated land and <strong>of</strong> potentially irrigable land must first be determined.<br />

The Minister (and not the Water Court), then apportions water through water rights and<br />

also regulates the abstraction and utilization <strong>of</strong> water in the control areas (in terms <strong>of</strong><br />

Section 52 <strong>of</strong> the Water Act No. 54 <strong>of</strong> 1956). Aggrieved persons or agencies may apply<br />

to the Water Court if concensus cannot be reached on water rights, or the volume <strong>of</strong><br />

water granted to a particular riparian owner. If an owner is found to be irrigating in excess<br />

<strong>of</strong> his right, that owner will have to reduce consumption or create storage, thereby<br />

irrigating the excess area with the surplus water. If surplus water is available (without<br />

storage), the owner may be given temporary permission to irrigate (in terms <strong>of</strong> Section<br />

56(3) <strong>of</strong> the Water Actl. There are three main types <strong>of</strong> Government water control areas,<br />

namely, river control areas, catchment control areas and subterranean water control<br />

areas··.<br />

River control areas are established primarily to control water allocations to riparian owners<br />

downstream <strong>of</strong> Government dams, and to regulate the abstraction <strong>of</strong> water. Catchment<br />

control areas are demarcatedto control the abstraction <strong>of</strong> water within the catchments <strong>of</strong><br />

*<br />

**<br />

Discussion after the Department <strong>of</strong> Water Affairs and Forestry, Durban, 1993.<br />

Two other Government water control areas concern firstly, drainage control areas, which are areas<br />

with a high water table requiring special drainage measures Inane in Natal/KwaZulu), and secondly,<br />

dam basin control areas. The purpose <strong>of</strong> dam basin control areas is to reserve the storage basins <strong>of</strong><br />

future (Government) dam sites, in order to prevent development or interference with the proposed<br />

(or envisaged) waterworks. There are no dam basin control areas in Natal/KwaZulu. It should be<br />

noted that in terms <strong>of</strong> Section 68(1) <strong>of</strong> the Act, the Minister may appoint an advisory committee for<br />

any Government waterwork, Govenvnent water control area, catchment control area, subterranean<br />

water control area and drainage control area, or any other catchment area/so

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