Business Case forthe Pongola-Umzimkulu Catchment Management ...

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Business Case for the Pongola-Umzimkulu Catchment Management Agency determinations that are inter-WMA or have strategic importance will be undertaken by DWA. (ii) Water Resources Monitoring 12 Water resources monitoring includes both water quality and quantity monitoring of surface and ground water. The monitoring required for the national information monitoring system must be kept under the control of DWA. However, the CMA will be delegated the power to monitor water resources as necessary for the implementation of the CMS and the management of water at the WMA level. Since this monitoring will have to feed into the national systems, the CMA must comply with monitoring standards and protocols determined by DWA. In the delegation of this function, DWA must set conditions for the provision of information and data to DWA and the necessary protocols and standards for such. (iii) Disaster Management During this phase 2, the CMA will be delegated the authority to assess and manage droughts, floods and water quality disasters in the WMA. The CMA should have developed a disaster management plan (DMP) as part of the CMS, which it should now implement. (iv) Water Conservation and Demand Management The implementation of WC/WDM is the encouragement of water users to conserve water, thus lowering the overall demand for water. During this phase, the CMA should be involved in assisting to implement WC/WDM strategies. This does not, however, require the delegation of specific powers or functions. (v) Operating of Waterworks Under specific circumstances CMAs may be required to either develop or operate waterworks. During this phase this function may be delegated if necessary. If not, this function should be delegated during phase 3. (vi) Issuing of general authorisations and limited authorisation functions During this phase the issuing of general authorisations can be delegated to the CMA, as well as authorisation of water use with limited impacts, along the lines of the powers currently delegated to regional offices. (vii) Institutional Oversight The CMA will, from establishment, be responsible for institutional oversight within the WMA, which includes co-ordinating with institutions, establishing stakeholder forums and providing support to other water management and water services institutions. During this phase, the CMA should be delegated the power to establish Water User Associations (WUAs) that do not manage government waterworks and do not have government guaranteed loans. 6.4.3 Phase 3: Fully functional and responsible authority During the third phase the following powers and functions will be delegated to the CMA: 12 Refer to Appendix 1 for additional information Department of Water Affairs 28
Business Case for the Pongola-Umzimkulu Catchment Management Agency (i) Water Use Authorisation and Licensing Water use authorisation and licensing are continued from phase 1, at which stage the CMA would have been involved with processing applications and advising DWA on issues related to license applications, and phase 2 where general authorisations and limited licensing powers were delegated to the CMA. During the final phase, the CMA will be delegated the power to authorise water use and issue licenses. These functions will be delegated to the CMA for non-strategic water use, as authorising strategic water uses will remain a function of DWA. (ii) Compulsory Licensing In areas with water stress (demand exceeds availability) or inequitable access to water resources, compulsory licensing is undertaken to assess the volume and quality of water available and allocating that available resource in an equitable and sustainable way. In phase 3, the CMA will be delegated the power to undertake compulsory licensing. (iii) Issuing of Directives 13 As the responsible authority, the CMA should be delegated the power to issue directives (over and above the inherent powers in this regard conferred by the NWA). The directives could include, but will not be limited to: • Requesting alterations to waterworks • Determining operating rules for systems • Controlling, limiting, and prohibiting water use. 6.5 Considerations for the delegation process Both the Governing Board of a CMAand the Minister will have its own view of what functions should be delegated to the CMA at what point in time, and these outline offered above should be seen as a guideline only, not a prescriptive list. The rate and order of the powers and functions to be delegated may be influenced by: • Water resources management priorities of the CMA as outlined in the CMS • Functions in the WMA that are not performed adequately by the regional office • The ability of DWA to reconfigure current information systems in order to accommodate the WMA geographical demarcation • WRM initiatives of other institutions • Whether the CMA has adequate capacity and resources to perform the proposed functions, or has a clear plan to address possible capacity limitations • Whether the regional office staff are available for secondment and/or transfer as a critical mass with the functions, and the implications for the remaining functions performed by DWA and • The status of support functions such as finance and corporate services within the CMA. 13 Refer to Appendix 1 for additional information Department of Water Affairs 29
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