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10.18.6 Irrigation districts and boards in Natal*
An irrigation district with a statutory board may be proclaimed in terms of the Water Act
No. 54 of 1956, in circumstances where three or more owners of land riparian to a public
stream lor a tributary thereof), and who together own not less than 10% of the land
irrigated or intended to be irrigated, request the Minister of Water Affairs and Forestry to
declare such a district. If approved, an irrigation district is proclaimed by the State
President ITable J36). The Minister of Water Affairs and Forestry may also recommend
to the State President that any Government water control area or catchment area or part
thereof, be proclaimed as an irrigation district. In the latter instance, matters affecting the
water control or catchment area/s may be delegated by the Minister to the irrigation board.
The two areas retain their specific purpose, notwithstanding inclusion in an irrigation
district.
Irrigation boards are empowered to protect water resources; to levy rates and water
charges in their areas of jurisdiction, and to undertake capital works relating to irrigation.
They may also undertake other works in respect of Government water control areas or
catchment areas lif instructed by the Minister). Irrigation boards are likewise empowered
to control and supply water for domestic and industrial purposes, and to supply State
departments, Provincial administrations and local authorities. It should be noted that
irrigation boards cannot reduce the riparian rights of land owners and may only regulate
water use. Irrigation boards can obtain loans from the Land and Agricultural Bank of South
Africa in order to construct works. This only applies to economically viable schemes. A
one-third State subsidy is payable for irrigation schemes with no maximum limit lfunds
permitting). Sections 71 - 106; 153 - 164, and 178 ofthe Water Act deal with irrigation
boards. Data on the various irrigation boards in Natal are provided in Table J37.
*
Discussion based Dn Hall, C.G. and Burger, A.P., 1974. Hall on Water Rights in SDuth Africa, Juta,
Cape TDwn, 393 p., as well as Vas, W.J.. 1978. Principles Df South African Water law, Juta, Cape
TDwn, 263 p. See alSD, Peoons, J.C., 1993. The water user and the Water Act (Act 54 Df 1956),
SDuth African InstitutiDn of Civil Engineers Lecture CDurse, 8 September 1993, University Df the
Wrtwatersrand, JDhannesburg, 12 p.