8. DEALING WITH "EXISTING" USES OF WATER

I - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965

7. (1) This regulation shall apply in relation to any application for a licence of right and, to the extent hereinafter expressly provided, in relation to any application for a licence by virtue of section 56 (2) of the Act; and in this regulation any reference to a section 33 (1) (a) application, a section 33 (1) (b) application, or a section 56 (2) application is a reference respectively to an application made by virtue of section 33 (1) (a) of the Act in reliance on a statutory provision (other than an order under the Water Act 1958, in force on 1st April 1965, an application made by virtue of section 33 (1) (b) of the Act in reliance on abstraction of water by the applicant within the period of five years ending with 1st April 1965 (otherwise than by virtue of a statutory provision), or an application made by virtue of section 56 (2) of the Act in reliance on a statutory provision coming into operation after 1st April 1965 in pursuance of an application made at any time before 1st July 1965.

(2) The matters required to be shown on the map accompanying the application (including any section 56(2) application) are the matters specified in paragraph (2) of the last preceding regulation (except the relevant land for the purposes of section 27 of the Act referred to in sub-paragraph (2)(b) as required in the case of applications to which that regulation applies.

(3) A section 33(1)(a) application, and a section 56(2) application, shall be accompanied -

(a) where the relevant statutory provision relied on is a licence under section 14 of the Water Act 1945, by that licence or a true copy thereof, or, if for any sufficient reason (which shall be specified) the foregoing requirement cannot be complied with, by sufficient evidence in writing of the grant of such licence and of its terms;

(b) in any other case (except where the statutory provision in question is contained in a public general Act), by a copy of the relevant statutory provision on which the applicant relies.

(4) A section 33(1)(a) application, made in reliance on a statutory provision which does not specify or otherwise limit the quantity of water authorised to be abstracted, shall also be accompanied by evidence in writing for the purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 34 (3) to (5) of the Act.

(5) A section 33(1)(b) application shall be accompanied by evidence in writing for the purpose of proving to the reasonable satisfaction of the river authority any particulars included in the application with respect to quantities of water abstracted in the relevant period ending with 1st April 1965 and other matters, as mentioned in section 35 (2) to (4) of the Act and a statement included in the application with respect to matters referred to in section 35 (5) of the Act.

(6) Where evidence in writing provided by an applicant in pursuance of paragraph (4) or paragraph (5) of this regulation relates to any quantity of water which is shown in the application to be an estimated quantity, that evidence shall include a statement explaining how the estimate in question was made.

10. ... (4) The period within which the river authority shall give notice to an applicant for a licence of their decision on his application, or, as the case may be, of the reference of the application to the Minister in pursuance of directions given under section 38 of the Act, shall be the following period from the date of receipt of the application, namely:

(a) in the case of an application for a licence of right, a period ending on 31st March 1966; ...

Model Form 4 - Application for a licence of right made under Section 33 in reliance on a statutory provision - See Appendix I, page 322.

Model Form 5 - Application for a Licence of Right Made under Section 33 in Reliance on Abstraction within the Period of 5 Years Ending with 1st April 1965 - See Appendix I, page 330.

II - JAMAICA - Water resources regulations, 1995

30. Licences of right.

(1) A licence of right referred to in section 54 (1) of the Act shall be in the same form as set out for a licence granted pursuant to regulation 5 and shall also be subject to the implied term specified in section 23.

(2) In determining the quantity of water that it should authorize to be abstracted and used under a licence of right, the Authority - -

(a) shall consider whether or not the applicant is entitled to abstract and use water in the exercise of any right existing immediately before the appointed day under or pursuant to a prescribed enactment; and

(b) shall have regard to the requirements of the applicant as indicated by - -

(i) works, machinery or apparatus which were constructed or installed before the appointed day or which were in the course of being constructed or installed before that day; or

(ii) such other evidence as the Authority thinks reasonable and appropriate.

(3) In making provision as to the purpose for which water may be abstracted under the licence of right, the Authority - -

(a) shall take into account the purpose for which the water was abstracted and used in exercise of the right existing immediately before the appointed day under or pursuant to a prescribed enactment; and

(b) shall have regard to the requirements of the applicant as determined by such evidence as the Authority thinks reasonable and appropriate.

31. Licence based on long use.

(1) A licence to abstract and use water granted pursuant to section 54 (2) shall be in the same form as that set out for a licence granted pursuant to regulation 5 and shall also be subject to the implied terms specified in section 23.

(2) In determining the quantity of water that it should authorize to be abstracted and used under such licence the Authority --

(a) shall take into account the quantities of water used during the period referred to in section 54 (2) of the Act;

(b) shall have regard to the requirements of the applicant as mentioned in sub-paragraph (b) of paragraph (2) of regulation 30.

(3) In making provision as to the purpose for which water may be abstracted under a licence to which this section refers, the Authority - -

(a) shall have regard to the purpose for which the water was abstracted and used during the period referred to in section 54 (2); and

(b) shall take into account the requirements of the applicant as determined by such evidence as the Authority thinks reasonable and appropriate.

III - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994

17. Transitory Provisions

(1) Any person who is already utilizing water resources for any of the purposes specified in Article 3 of this proclamation, shall apply to the Appropriate Authority for a permit within three (3) months from the coming into force of this proclamation.

(2) A water user who fails to apply within the time limit set in sub-Article (1) of this Article, may, subject to payment of 50% of the permit fee as a penalty, submit his application within the next three months.

(3) Upon receipt of an application under sub-Article (1) or (2) of this Article, the Appropriate Authority shall issue the required permit, provided that the manner of the utilization of the water resource does not clearly violate the provisions of this Proclamation.

IV - UGANDA - Water Resources Regulations, 1998

10. Registrations, etc.

(1) This regulation shall apply to the following persons,

(a) any person who occupies land, on or adjacent to which,

(i) there is a motorized water pump which, whether temporarily or permanently, pumps water from a borehole or waterway;

(ii.) there is weir, dam, tank or other work capable of diverting or impounding an inflow of more than 400 cubic meters in any period of 24 hours;

(iii) there are works for non-consumptive uses.

(b) public authorities or any water supply authority or sewerage authority which operate works capable of diverting, impounding or using more than 400 cubic meters of water within a period of 24 hours;

(c) such other persons as the Minister may, by notice published in the Gazette, declare.

(2) A person who, at the commencement of these regulations,

(a) occupies land; and

(b) owns, occupies, operates, controls any works on land referred to in subregulation (1) of these regulations; shall register the works and the use of water with the Director.

(3) A person referred to in subregulation (2) of this regulation shall, in order to be registered, apply to the Director and the application shall be in the form specified in the First Schedule^[7] to these regulations and shall be accompanied by an application fee specified in the Second Schedule^[8] to these regulations.

(4) The Director shall, where he receives an application within twelve months from the date of coming into force of these regulations and subject to subregulation (5), register the application and thereafter grant to the applicant a water permit.

(5) The Director may,

(a) require an applicant to prepare and submit plans or other information to support the application made under this regulation;

(b) in person or by a person duly authorised by him enter any land and carry out any investigations that are necessary to process the application;

(c) after the provisions of this regulation are complied with, grant the water permit on such conditions as are necessary.