The grant of a permit alone may not suffice to operationalize the water utilization or project contemplated in it. Unless the permit holder owns or possesses all the land which is needed for the contemplated use or project - such as land to be traversed by permanent water pipes, or to be occupied by temporary facilities, or to be submerged as a result of damming a stream - a right to occupy temporarily or permanently the land in question will have to be secured from the owner of the land. These issues may be dealt with and disposed of already at the stage of applying for a permit, and an applicant may be required to secure "ancillary" rights in accordance with general legislation - i.e. through contractual mechanisms, or by resorting to condemnation or expropriation of private property under pertinent legislation. However, water resources legislation may provide specific mechanisms of its own to address the issue, consisting of the grant, by a judge or government administrator, of "easements" or "servitudes", or of a formal permission to an actual or prospective permit holder to take or occupy the necessary land over the opposition of the relevant owner, subject to terms and conditions. Subsidiary legislation will generally fill in the operational and formal details of substantive provisions found in the principal legislation, but it may also cover substantive ground.
I - SOUTH AFRICA - National Water Act, 1998
Schedule 2 - Procedural matters regarding servitudes
1) A person who intends to claim a servitude or an amendment of a servitude under the Act must give the owner of the land which will be subject to the servitude written notice of his or her claim.
2) Where a claimant is not the owner of the land in favour of which the servitude is claimed, the claimant must give the owner written notice of the claimant's claim.
3) The notice must include details of at least the following, where relevant:
4) A plan depicting the location of the proposed waterworks on the land which will be subject to the servitude must be attached to the notice.
5) When a person gives a notice of a claim for a servitude or for an amendment of a servitude, that person must also send, by registered post, a copy of the notice to-
6) A notice under item 1 or 2 may be amended as a result of -
7) An amended notice must be dealt with in the same way as the original notice.
8) A claimant may, not earlier than 14 days and not later than 90 days after the notices required in terms of this Schedule have been given, apply to the High Court for the award of a servitude claimed in terms of the procedure set out in this Schedule and the High Court may make such order as it deems fit.
II - JAMAICA - Water resources regulations, 1995
17. (1) The owner of land over which an easement was constituted by agreement may not terminate the easement unless - -
(2) An easement constituted under section 27 of the Act shall, if not earlier terminated, expire with the expiration of the licence in relation to which it was granted. ...
26. Registration of recording of easement
An easement constituted under the Act by agreement shall - -
III - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994
(1) a permit holder may, with the approval of the Appropriate Authority, construct water works on land under the possession of another person for the purpose of abstracting the required water from its source;
(2) the possessor of the land encumbered pursuant to sub-Article (1) of this Article, is entitled to adequate compensation from the permit holder.
(3) the provision of sub-Article (1) of this Article shall not apply to land under peasant holding unless the peasants themselves have given their consent and provided that the construction of the water work does not in any way entail eviction of the peasants.
IV - UGANDA - Water Resources Regulations, 1998
(1) An application for an easement under section 36 of the Statute shall be in Form G in the Eighth Schedule to these regulations and shall be accompanied by the appropriate application fee specified in the Second Schedule to these regulations.
(2) The Director shall, within fourteen days of receipt of the application, give written notice of the application to any person who has an interest in the land over which the easement is being sought.
(3) The Director shall, in the notice referred to under subregulation (2) of this regulation, invite the affected person to,
(4) The Director may, on hearing any objection under paragraph (b) or submission under paragraph (c) of subregulation (3) grant a Certificate of Easement in Form G2 of the Eighth Schedule.
Eighth Schedule - Form G - Application for an easement - See Appendix I, page 337.
Form G2 - Certificate of Easement - See Appendix I, page 339.
V - KENYA - The Water Act, 2002
Third Schedule - Easements
The acquisition of an easement in accordance with this Schedule shall not affect the burden or benefit of any encumbrance on the land existing at the date of the acquisition or the liability or right of any person in respect thereof.
2. Easement includes right of access
(1) An easement shall include the right of access, along a route to be approved by the Authority after consultation with the owner, to any piece of land contiguous to the water of the permit holder in so far as may be necessary for the purpose of constructing, inspecting, maintaining, operating or repairing the works of the permit holder and for any purpose necessary for the effective enjoyment of the easement.
(2) The permit holder shall, however, give reasonable notice to the occupier of the land over which the easement is held of his intention to enter the land for any of the purposes mentioned in this paragraph.
3. Permit holder must avoid flooding lands and maintain canal satisfactorily
A permit holder who has acquired an easement which authorises the construction of a canal -
4. Damage caused by works of permit holder
(1) If damage is caused, as the result of works of a permit holder, to the land over which the easement is held, the landholder may require the permit holder to construct such additional works as are necessary, in the opinion of the Authority, to prevent such damage or any recurrence thereof and the Authority may by order require the permit holder to construct such additional works at his sole expense.
(2) If the permit holder fails to comply with an order of the Authority given under this paragraph, the Authority may cancel his permit.
5. Permit holder to construct works to enable landholder to enjoy his existing works if interfered with
(1) A permit holder who has acquired an easement for the construction of works on another landholder's land which prevents the landholder passing freely over or on his land as he could before, or interferes with his existing works, structures or devices upon his land, shall, at his own expense, construct and maintain in repair, to the satisfaction of the Authority and under such conditions as it may prescribe -
(2) Any permit holder who fails to comply with the provisions of this paragraph shall be guilty of an offence.
6. Permit holder desiring easement to serve notice on landholder
(1) A permit holder claiming an easement under this Act shall serve a notice on the holder of the land on, over or through which he desires to acquire the easement, and shall in such notice state the following particulars, and such further particulars as may be required by rules made under this Act
(2) A copy of the notice shall be sent by the permit holder to the Authority.
7. Consent of landholder to easement
If the landholder agrees to the claim for an easement, either as originally proposed or as modified by agreement, the permit holder
8. Application where landholder does not consent
If the landholder does not, within two months after the service of a notice under this Schedule, agree to the claim for an easement or to any other matter necessary for an easement; the permit holder may apply to the Authority, in the prescribed manner, for an easement, and shall serve notice of such application upon the landholder.
9. Determination of application for easement
(1) The Authority may either dismiss the claim for an easement or grant the claim with or without modification and subject to such conditions, and to the payment of such compensation, as to the Autl,1ority seems just.
(2) The Authority shall notify the permit holder and the landholder of its decision.
(3) When the claim for an easement has been granted. the permit holder shall embody the particulars and other matters pertaining to an easement granted under subparagraph (1) of this paragraph in a deed or other instrument suitable for registration, and shall tender the deed or instrument, together with the amount of any award of compensation made, to the landholder for execution.
(4) If the landholder fails within such time as may be specified by the Authority to execute and deliver the deed or instrument to the permit holder, the Authority may do so on his behalf, and thereupon the deed or instrument shall have the same effect as if it had been executed by the landholder.
(5) The Registrar of Titles shall register the deed or instrument against the title affected, and two copies of such deed or instruments certified by the Registrar of Titles, shall be sent by the permit holder to the Authority.
(6) Where an appeal has been lodged under subparagraph (2) of this paragraph, no action shall be taken under subparagraphs (3), (4) or (5) of this paragraph until the appeal has been decided.
10. Lapsing of easement
(1) An easement acquired under this Act shall lapse:
(2) Upon the lapse of an easement, the Authority shal1 notify the Registrar of Titles, who shall, without charge, cancel the registration of the easement against the title affected.
11. Permit holder to keep works in state of repair
(1) If any work constructed on the land of a person other than the permit holder is out of repair or requiring cleaning, the permit holder or his agent shall. if required in writing by the landholder to repair or clean such work, carry out such requirements within a reasonable time.
(2) If the permit holder fails so to do, the landholder may cause to be done all things necessary for carrying out such repairs or cleaning, and may recover the cost thereof from the permit holder in any court of competent jurisdiction.
(3) Such repairs or cleaning shall not be unreasonably demanded. and. in the event of a dispute between the parties, the Authority shall decide what constitutes reasonable repairs or cleaning.
(4) A permit holder who allows or suffers any such works to fall into disrepair or, in the opinion of the Authority, to be in such a state as to require cleaning shall be liable for all damage which may arise as a consequence.
14. Landholder may demand and obtain use of works
(1) Any landholder on. over or through whose lands an easement has been applied for or been granted may, by application to the Authority either before or after the construction of any works, apply for a permit to make use of such works or the proposed works for the diversion, abstraction, storage or use of whatever water he may become entitled to divert, store or use under this Act.
(2) Before such a permit or authorisation is issued by the Authority
(3) The permit holder may require the landholder to enter into an agreement to continue to pay the proportionate cost of maintaining the portion of the works made use of, until either party has in writing surrendered such right of user and, in the event of disagreement, the matter shall be decided by the Water Appeal Board.
(4) If such works require modification to enable the landholder to enjoy their use, he shall, unless the matter is otherwise agreed, pay to the permit holder
(5) When it is proved to the satisfaction of the Authority that altered conditions have rendered revision of such rate of payment. just and equitable, the Authority shall inform the parties. concerned, and, failing agreement between such parties on any such revision of the rate of payment, the matter shall be referred to and decided by the Water Appeal Board,
15. Landholder may use land occupied by excavated material for own purpose
When works have been excavated by a permit holder on another person's land -
16. Easement to be registered
The deed or other instrument creating an easement acquired under this Schedule shall be registered against the title affected, and a plan, which shall be approved and signed by, or by the authority of, the Director of Surveys, shall be attached to each document granting the easement.
17. Determination of easement
(1) An easement acquired under this Act shall determine if and when the permit for the exercise of rights under which the easement has been acquired is cancelled as provided for in this Act.
(2) On the determination of the relevant permit, any works constructed by the permit holder on the lands of another person shall, where the permit 110lder is the sole permit holder, become the property of such other person unless removed by the permit holder
18. Registration of determination or variation of an easement
On the determination or variation of an easement, the Authority shall notify the landholder over whose land the easement was granted, and the Registrar of Titles and the landholder concerned may, at the expense of the person in whose name the easement is registered, take such action as is necessary to cause his title to be freed from the easement or to record the variation, as the case may require.
 See sub-chapter 2 above,
Step One Filing of an application, under the heading Payment of
filing fees (IV).|