Water Rights (Procedure on Application) Rules (Chapter 198)

WATER CAP. 198 SECTION 23 (6)-THE WATER RIGHTS (PROCEDURE ON APPLICATION) RULES Rules by the Minister Government Notices 255 of 1950 340 of 1950 215 of 1956 1. These Rules may be cited as the Water Rights (Procedure on Application) Rules. Title 2. Every application for the use of public water shall be submitted in duplicate in Form 1 or 2 in the Schedule. Form 1 shall be used if the application is for primary or secondary use and Form 2 if for tertiary use. Forms of application 3. On receipt of an application, the secretary shall satisfy himself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment in this respect. Particulars to be clearly set out 4. Any person desiring to have an application considered shall submit such application on or before the closing date specified in the notice. Time for submission of application 5. Every application for the use of public water shall be investigated by an engineer, appointed by the Water Officer. Such engineer shall submit his report to the Water Officer for transmission to the Water Board in Form 3 in the Schedule. Engineer's report 6. Any person who makes in any application for the use of public water a statement which is false in a material particular shall be guilty of an offence. Offence SCHEDULE PRESCRIBED FORMS FORM 1 (Rule 2) APPLICATION FOR THE PRIMARY OR SECONDARY USE OF PUBLIC WATER (Domestic, Watering of Stock, Irrigation of Land or Fish Farming) For Official use only THE SECRETARY, No .......... THE WATER BOARD, Date received .......... P.O. Box 575, Zone .......... LUSAKA. In accordance with the Water Act, I hereby apply for the use of public water and supply the following particulars: 1. Full name of Applicant (BLOCK CAPITALS) 2. Postal address.......... Tel. No........................ 3. Description and number (if any) of property concerned .......... 4. State whether property is held on leasehold, freehold or other title .......... Do you hold the deeds; if not, who does?. ......... 5. Has property been surveyed? .......... 6. Acreage of property .......... acres 7. Water required from. ......... River, which is a tributary of ...... River 8. Amount of water applied for ...... litres per day 9. Purposes for which the water is required: Domestic.......... Stock................................. Irrigation.......................... Fish Farming.................................. 10. Crops to be grown under irrigation: ............................................................................ acres ............................................................................ acres ............................................................................ acres ............................................................................ acres 11. Total acreage to be irrigated ............................. .......acres 12. Average number of head of cattle for which water is required 13. Details of any dam, weir, furrow, etc. Constructed/Proposed .... ............... 14. Names and addresses of other users (particularly downstream), who might be affected by the granting of this application .......... .............. 15. If a dam or weir to be constructed will not be wholly on your property or will flood adjoining property, give name and address of landowner(s) affected. Rights of abutment and/or storage will be required. Please state whether other landowners affected have consented. ................ 16. Please submit sketch, map or plan, showing your property in relation to neighbouring properties. The river(s) affected and the site of works in existence or to be constructed must be indicated as accurately as possible. 17. Please give simple directions of the road to the property from any well-known landmark, so as to enable a visit of inspection to be made without difficulty. (If applicant is not resident on property also state where he may normally be found during working hours.) I enclose herewith ........... fee units in payment of the application fee. Date...................................................................................... Applicant's Signature FORM 2 (Rule 2) APPLICATION FOR THE TERTIARY USE OF PUBLIC WATER (Industrial and mechanical purposes, or for the generation of power) For Official use only THE SECRETARY, No .......... THE WATER BOARD, Date received .......... P.O. Box 575, Zone .......... LUSAKA. In accordance with the Water Act, I hereby apply for the use of public water and supply the following particulars: 1. Full name of Applicant. .... (BLOCK CAPITALS) 2. Postal address. Tel. No...................................... 3. Description and number (if any) of property concerned. ............... 4. State whether property is held on leasehold, freehold or other title ............. Do you hold the deeds; if not, who does? .................. 5. Has the property been surveyed?. ......... 6. Acreage of property ..........acres 7. Water required from ..........River which is a tributary of....................................................River 8. Amount of water applied for ............. litres daily 9. Nature of use of water ........................ 10. Give details of installation. ............................ 11. Point of abstraction of water with reference to beacons or landmarks ............. 12. Point of return. .............. 13. Amount to be abstracted. .............litres per day 14. Amount to be returned. ............litres per day 15. Give details of any possible pollution. ........................... In the case of mechanical or industrial use 16. The water is to be pumped to ......metres above abstraction point In the case of use of water for generating power 17. Fall available.....................................metres 18. Horsepower to be developed........................................h.p. 19. Type of power plant proposed. ........................... 20. Names and addresses of other users (particularly downstream) who might be affected by the granting of this application. ............................. ............................. 21. If dam or weir to be constructed will not be wholly on your property or will flood adjoining property, give name and address of landowner(s) affected. Rights of abutment and/or storage will be required. Please state whether other landowners affected have consented. .............................. 22. Please submit sketch, map or plan, showing your property in relation to neighbouring properties. The river(s) affected and the site of works in existence or to be constructed must be indicated as accurately as possible. 23. Please give simple directions of the road to the property from any well-known landmark, so as to enable a visit of inspection to be made without difficulty. I enclose herewith fee units in payment of the application fee. Date........................................................................ Applicant's Signature FORM 3 (Rule 5) ENGINEER'S REPORT ON APPLICATION FOR WATER RIGHTS 1. Name of Applicant. ............... 2. Application No.................................... 3. Date of visit. ......... 4. River ......... 5. Map or other reference of point of abstraction ......... 6. Flow at time of visit ................. 7. Method of gauging ......... 8. Estimated minimum flow .......... 9. Month in which flow ceases each year if non-perennial 10. Catchment (a) Area.. ........... (b) Vegetation .............. (c) Topography .................... (d) Average geological conditions ............... 11. Estimated maximum flood (State how computed) 12. Method of obtaining water, including conservation works: 13. Cost of above works ...... 14. Applicant agrees to build conservation works before ............................... 15. Easements. Types required and persons concerned. ............................................................. 16. Farms or other interests affected (excluding African interests) ............................... 17. African interests affected ............................... 18. Use to be made of the water: 19. Investigating Engineer's comments and recommendations: Date........................................................................ Investigating Engineer 20. Water Officer's comments and recommendations: Date........................................................................ Water Officer FORM 4 (Section 32) APPLICATION FOR RENEWAL OF WATER RIGHT For Official use only THE SECRETARY No. .............. THE WATER BOARD, Date received. ....... P.O. BOX 575, Zone. .......... LUSAKA. In accordance with section 32 of the Water Act, I hereby apply for renewal of Water Right No. ............................................dated ................ 1. Name of Applicant (BLOCK CAPITALS). ........ Full Postal Address ............. 2. Name and Number(s) of farm or property.................. Acreage of property.................. 3. Watercourse.................being part of River System.......... 4. Particulars of existing water right: (a) Amount of water to be abstracted ......per day (b) Nature of use (primary, secondary, tertiary) ...... (c) Impoundment or other conservation works to be constructed as condition of right ........... ........... 5. Statement of use made of existing water right: (a) Average daily abstraction during Period Domestic supply Irrigation 1st year 2nd year 3rd year 4th year Present year (b) Crops grown under irrigation (if any) Last year. Kind of crops .................. Acreage Kind of crops .................. Acreage Present year. Kind of crops .................. Acreage (c) If construction of an impoundment or other conservation work was a condition of the existing right, stat (i) Has the work been completed? If so, on what date? ....... Has it been passed by the Water Officer or his agent? ....... If not, give reasons for delay ........... (ii) If the work has been constructed, state Dimensions, height of crest .......metres Length of wall .........metres Amount of water impounded ...................................gals/acre feet. State materials used and nature of construction. .......................... (iii) Have all necessary easements (storage, passage or abutment) been negotiated?. With whom?......................................... 6. Give details of any other impoundment or water conservation works: (a) You have built (with date of construction)................. ......................... (b) Projected. ..... 7. Is the quantity of water granted by the existing water right sufficient for your needs, or do you intend to ap increased apportionment? (If so, state the extra amount required and give reasons for the increase.) .......................... 8. Any other information you wish to bring to the notice of the Board. Date ........................................................................... ..................................................................... Applicant NOTE.-The information called for above must be supplied as without it the Water Board may be unable to dea with your application for renewal of water rights. (No. 215 of 1956)