IMPLEMENTATION REVIEW OF THE

1
IMPLEMENTATION REVIEW OF THE NATIONAL WATER ACT
Act 36 of 1998 Deputy Director General Policy
and Regulation 24 OCTOBER 2008
2
CONTENTS

• What has not worked?
• Water for Growth and Development as an approach
  to tackling some of the challenges
• Roll-out Plan for Corrective Action
• Project plan for the review of the National Water
• Summary and Conclusions

3
WHAT HAS NOT WORKED
4
WHAT HAS NOT WORKED

• The regulation to support the implementation of
  the Act has not been integrated.
• The Water Allocation Reform programme is lagging
  behind and this has resulted in redress and
  equity not being effectively achieved
• The establishment of WMIs has been delayed due to
  uncertainties around the future and transfer of
  staff
• Challenges with developing a sound asset data
  base for all the WR infrastructure in the country
  

5
WHAT HAS NOT WORKED

• Not clearly defined the roles and
  responsibilities around asset maintenance and
  operation by the various WMIs
• Delegation of functions and responsibilities
  between the various WMIs has not yet been
  finalized
• The capacity of the department is a serious
  concern and a number of skilled people continue
  to leave, albeit remaining within the sector.

6
WHAT HAS NOT WORKED

• The issuing of water licensing has been a long
  and complex process due to the fact that
  delegations have not completed to proto-cmas
• Recognition of the importance of WUAs due to lack
  of transformation has always been a problem
• Have not had a strong communication and marketing
  strategy (especially for water resources
  management)
• Generally water resources management is
  completely under resourced

7
CASE STUDY - VAAL SYSTEM

• Illegal Water Abstraction
• Unlawful abstraction puts system currently in
  deficit
• Losses equivalent to LHWP 1B (Mohale Dam). 100
  litres per month per household for 8.5 million
  households.
• Deficit masked by good rainfall previous season
• DWAF is very weak in enforcement efforts

8
OTHER CHALLENGES

• Main sources of impact on water quality are
• discharge of urban and industrial effluent to
  rivers
• high salinity irrigation return flows
• wash-off (run-off) and leachate from mining
  operations (Acid mine drainage)
• wash-off (run-off) from areas with insufficient
  sanitation (dense settlements)
• Climate change
• Discharges from Municipal Waste Water Treatment
  Plant

9
DRINKING WATER QUALITY

• Under-budgeted and under-resourced function in
  many municipalities
• Poor water quality impacts on peoples lives,
  particularly those with low immune systems
• Monitoring and reporting improving but still
  inadequate
• Many rural water schemes and small schemes not
  monitored at all

10
WATER SERVICES INFRASTRUCTURE

• Ageing, poorly maintained infrastructure leading
  to increased failures
• Lack of investment in refurbishment
• Poorly managed waste water and sewage
  infrastructure leading to pollution
• VIPs get full, leaving households without
  functioning toilets
• Bulk infrastructure not sufficient for growing
  demand

11
WATER FOR GROWTH AND DEVELOPMENT-MEETING THE
CHALLENGES HEAD-ON
12
GROWTH DEVELOPMENT IMPERATIVES

• Economic growth rate of 6 requires additional
  water supply
• Halve poverty by 2014 (deal with access backlog
  and responding to the anti-poverty strategy)
• Already, the Vaal system gets its water from
  other catchments (Senqu, Tugela Usuthu)
• Effluents from the Vaal already augment the
  Crocodile/Olifants systems (Mines/Energy)
• Transfer of water for long distances is expensive
• Some economic activities also impact negatively
  on water quality (acid mine water)

13
Quantity

• Sufficient water can be made available at all
  significant urban and industrial growth points in
  the country for water to enhance economic
  development
• However, given the long lead times for developing
  new water schemes, co-operative planning is
  required between water users and water management
  institutions in order to ensure that water can be
  made available when it is needed.

14
Water Demand / Supply Scenarios
Scenario 2000
Scenario 2025

• Nandoni dam that was construction in
  Luvuvhu/Letaba WMA improved situation
• All 4 big Metros need serious consideration

15
CURRENT STORAGE

• SA had good runoff in recent years
• Countrys dams at 81
• Limpopo, NW and EC around 70,
• other areas above 80
• Isolated very low storages serious at Middle
  Letaba for domestic needs
• 13 years of good runoff - a drought period could
  happen at any time

16
ALL DAMS vs DWAF DAMS vs CURRENT WATER USE
17
Current water availability

• At 98 assurance level, SA water is constituted
  as follows
• 77 surface resources
• 9 ground water
• 14 return flows

18
Proportional water use/sector

• Agriculture 62
• Domestic 27
• Urban 23
• Rural 4
• Mining 2.5
• Industrial 3.5
• Power generation 2.0
• Afforestation 3.0

19
Water availability vs use

• Current water use match water (yield)
  availability
• Potential for further resource development still
  exists in KZN (south) East of EC
• Limited potential for further resource
  development in most areas

Water demand and availability projections for
2025 (National Water Resource Strategy, 2004).
Blue bars water availability Green bars
water use Red bars water development potential.
20
Water Supply and Backlog

• Population access to water supply
• 1994 38,9m population
• 59 of population had access to basic levels
• 15,9 million people had no access to safe water
  supply
• 2008 48,7 m population
• 88 of population have access to basic levels
• 5,7 million people still without access to safe
  water supply

21
Concentration of Backlog
22
Water for Domestic Use

• Current population 48.7m
• Projected growth rate 0.82
• Est. population by 2020 65.0m
• Implications for water demand are that domestic
  share of total water use will move from the
  present 27 to between 30 to 35 of the total
  national use

23
Reconciliation Strategies to meet future demands
in Metropolitan Areas (1)

• WC/WDM must be implemented as a matter of urgency
  in all metropolitan areas if not, water
  restrictions will be inevitable
• Use of treated effluent is a huge potential
  resource coastal cities discharges into ocean,
  but even in Vaal system direct re-use is imminent
• Groundwater resource must be developed more
  extensively, even for metros in specific cases
• Further surface water resource development and
  interbasin transfers will also be required

24
Reconciliation Strategies to meet future demands
in Metropolitan Areas (2)

• Unlawful water use reached critical dimensions in
  Vaal system, urgent action will be taken to
  eradicate
• Desalination of seawater is final option for
  coastal cities, detailed investigations will be
  done
• Inland cities dont have luxury of desalination
  of seawater inland water must be reserved for
  inland use
• Resources supplying metropolitan areas under
  stress no further allocation for irrigation
  from these resources. Water may have to be moved
  from irrigation to urban over the long term

25
DWAFs Response to strategic needs

• Energy
• Eskom Sasol VRESSAP (Vaal River Eastern
  Sub-system Augmentation Pipeline)
• Return flows into Crocodile (West) transferred to
  Lephalale area (Ellisras) for new power stations
  and Mafutha (Sasol)
• Construction of De Hoop and Mokolo Dams
• Mining
• Crocodile West augmentation
• Construction of De Hoop
• Industry/urban - reconciliation strategies for
  Metros
• Agriculture new schemes only in previously
  under-developed areas with potential for further
  development.
• Forestry specific wet allocations
• Rural accelerate delivery

26
Risks, Threats and Challenges

• Climate change
• Uncertainly of CC already factored into scenario
  planning
• Future requirements (security) major issue
• Water resource characteristics
• Adaptation and mitigation measures from a water
  perspective

27
Risks, Threats and Challenges

• Infrastructure (WR and WS)
• Assets in fair to poor condition wrt. maintenance
  and ops.
• Majority of capital investments made in
  1970-1980s
• Thus approaching end of useful life funds
  required for rehabilitation
• Maintenance backlogs result of focus on new
  infrastructure development

28
Risks, Threats and Challenges

• Scarce skills
• Experiencing critical skills shortages in water
  sector esp. in engineering, science , technical
  and artisan areas.
• An insufficient skills base and fierce
  competition in the sector for skilled personnel
• Huge loss in institutional memory along with
  strategic and operational decision-making
  capabilities due to high retirement figures in
  the next decade

29
Risks, Threats and Challenges

• Scarce skills
• The ongoing skills shortage within the water
  sector poses a threat to the achievement of the
  water and sanitation delivery and compliance
  targets as well as the implementation of
  sustainable water resources management.
• Skills development is by nature a long term
  process.

30
Civil Engineering Staff in Local Government in
2005
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Risks, Threats and Challenges

• Unlawful water use and pollution (i.e. Vaal River
  System)
• Large amount of unlawful use
• Exceeding system yield risk of water
  restrictions for lawful users
• Large urban areas, industries and mines all
  contribute to pollution

32
Risks, Threats and Challenges

• Raw and drinking water quality often result of
  poorly managed WWTW (Municipalities)
• Major threats to sustained safe drinking water
  quality
• Inadequate Asset Management
• Failing infrastructure (Water Purification and
  Reticulation Infrastructure )
• Waste Water Collection and treatment
• Capacity of Waste Water Treatment Facilities to
  meet effluent standards (non- compliance)
• Skills shortage (limited availability of trained
  process operators)

33
WWT Facilities surveyed
84
94
65
48
105
196
82
112
164
950 Waste Water Treatment Works
34
WWT Facilities managed/owned by WSAs
59
77
57
45
102
133
82
84
153
792 WWTW Owned/Managed by WSAs
35
WWT Facilities with no appropriate license/permit
57
81
50
41
33
70
85
47
70
46
950 Waste Water Treatment Works
36
WWT Facilities with license not complying to
license/permit conditions 32
9
61
8
33
65
14
15
17
43
950 Waste Water Treatment Works
37
WWT Facilities exceeding design capacity 36
64
39
0
41
55
28
28
53
23
950 Waste Water Treatment Works
38
WWT Facilities discharge not monitored 40
73
44
0
25
50
28
62
47
20
950 Waste Water Treatment Works
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Risks, Threats and Challenges

• Pollution of water resources (mining,
  agriculture, industry)
• Pollution of fresh water resources due to
• Mining activities
• Acid mine drainage - heavy metal contamination
• Poor agricultural practices- increasing salt
  loads
• Eutrophication i.e. lack of Oxygen in the water
  leading to death of fish etc.

40
Key Recommendations

• Improve Water mix
• Desalination
• Set target for coastal municipalities
• Inland areas with saline water resources
• Surface water resources
• Augmentation especially in under-developed areas
• Multi-purpose

41
Key Recommendations

• Improve Water mix
• Ground water
• Promote use in surface-water deficient areas
• Promote conjunctive use
• Return flows
• Use of return flows as source for power stations
  coal-to-liquid fuel plants
• Treated effluent especially for coastal cities

42
Key Recommendations

• Water Conservation Water Demand Management
• Declare non-negotiable
• Set up sector specific targets
• Regulation through economic instruments
• Water Loss control
• Enforcement for all municipalities
• Set a target limit on this as a condition for all
  sectors

43
Key Recommendations

• Promote water use efficiency
• Sectoral benchmarking
• Set Sectoral water use targets
• Infrastructure
• Promote construction of Inter-Basin Water
  Transfer (IBWT) multipurpose dams
• Prioritise development according to needs
• Operation and Maintenance of existing
  infrastructure
• Refurbishment of existing ageing infrastructure

44
Key Recommendations

• Unlawful Water use
• Clamp down
• Priority in stressed catchments
• Irrigated agriculture
• No further allocations except for new entrants
  linked to WAR
• Reduce total water use (target to be set)

45
Key Recommendations

• Afforestation expansion
• Promote Afforestation in line with LTMS
• Prioritise KZN EC
• Aligned planning
• Water is central to all planning
• Misalignment with NSDF, PGDPs, IDPs, etc
• Encourage joint planning

46
Key Recommendations

• Water quality management pollution control
• Roll-out of water resource classification system
• Adherence to licence waste discharge standards
  conditions to be monitored rigorously
• Climate Change
• Develop mitigation and adaptation plans for the
  Sector

47
Key Recommendations

• Response to Anti-Poverty Strategy
• There are 4 pillars of the Anti-Poverty Strategy
  where DWAF can intervene directly.
• Pillar 1 Economic interventions to expand
  opportunities for employment and self employment
• Response programmes
• Invest and develop infrastructure that will
  promote small scale rural development
• Promote rain water harvesting
• Develop community benefits around dams
• Massification of programmes like Working for
  Water, Working for Wetlands etc
• Development of value added industries from
  cleared biomass

48
Key Recommendations

• Pillar 2 Investment in human capital
• Response programmes
• Developing appropriate skills for the water
  sector e.g. the learning academy
• Providing community based training in programmes
  like WfW, WoF, Working on Wetlands
• Awarding bursaries and learnerships

49
Key Recommendations

• Pillar 3 Basic Services and other non-financial
  transfers consisting of free basic municipal
  services such as water electricity, refuse
  removal sanitation and healthcare
• Response Programmes
• Accelerating access to water and sanitation
  services
• Access to free basic services

50
Key Recommendations

• Pillar 4 Good governance
• Response Programmes
• Supporting local government to deliver on its
  constitutional mandate
• Ensuring effective regulation

51
Corrective steps
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COMPLIANCE AND ENFORCEMENT

• Sufficient funding for development of a strong
  Compliance, Monitoring and Enforcement function
• Prevent and control unlawful raw water use and
  pollution
• Discuss with National Treasury and Asset
  Forfeiture Unit the possibility of retaining
  assets seized during action against illegal water
  users.
• NEMA (Act) being amended to give powers to
  appoint DWAF officials as Inspectors to enforce
  compliance under both NEMA and the National Water
  Act.

53
REGULATION AND COMPLIANCE IN WATER SERVICES

• DWAF to determine appropriate institutional
  arrangements for water services regulation,
  including
• institutional arrangements for national regulator
  
• revision of Water Services Authority (WSA) and
  Water Services Provider (WSP) functions to take
  into account de facto lack of separation of
  functions between the two.
• DWAF to strengthen drinking water quality
  regulation through strengthening of current
  capacity.

54
DRINKING WATER QUALITY

• Where appropriate, Water Boards to
• assist in monitoring drinking water quality
• assist to audit the results submitted by
  municipalities on drinking water quality, or
• Act as WSP on behalf of a WSA.
• DWAF and NT to investigate ways to incentivise
  municipal asset management and sufficient
  budgeting for drinking water quality management
  and monitoring.

55
Augmentation and conservation

• Long time lines for establishing new
  infrastructure
• Water Conservation and Demand management (e.g.
  review irrigation technologies)
• Effluent re-use in coastal cities
• Unlawful water use Vaal system

56
RESOURCE AVAILABILITY

• Water scarcity in economic heartland of South
  Africa
• Gauteng and Mpumalanga Highveld
• Lephalale Coal Fields
• Inland water should be reserved for inland water
  use?
• Local resources, e.g. groundwater and sea water
  need greater emphasis
• Dealing with pollution

57
Project plan for the Reviewof the National Water
Act
58
KEY TASKS AND OUTPUTS
59
CRITICAL SUCCESS FACTORS
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SUMMARY CONCLUSIONS
61
SUMMARY AND CONCLUSIONS

• National Water Act is a solid legislation
  acclaimed the world over
• As a principle we need to fact track the
  implementation of the NWA
• Regulatory Framework for the entire water value
  chain needs to be urgently put in place
• Alignment and common vision is critical for the
  entire water sector
• Stabilise institutional models and fast track
  delegations to institutions to adhere to the
  intent of the NWA

62

• There is enough water resources
• There is a need to address challenges
• i.e. pollution, illegal water abstraction
• Institute water conservation and demand
  management
• Need to deal with causes for failures in DWQ

63

• Municipalities will play a key role in both water
  supply and ensuring the DWQ standards - hence
  Municipal Indaba
• Need to deal with the issues of broadening access
  to water for the rest of South Africans
• Need to invest in new infrastructure as well as
  Operation and Maintenance
• Need to deal with the skills challenges
• Need to broaden the water-mix

64
THANK YOU