2. THE GRANTING OF PERMITS FOR THE USE OF WATER

PHILIPPINES - Water Rules and Regulations

2. Only the following may file an application with the Council for permit/authority:

a. Citizens of the Philippines;

b. Associations, duly registered cooperatives or corporations organized under the laws of the Philippines, at least 60 percent of the capital of which is owned by the citizens of the Philippines;

c. Government entities and instrumentalities, including government-owned and controlled corporations.

I - PHILIPPINES - Water Rules and Regulations

3. Except for those on cloud seeding, any application for permit/authority in Section 1 shall be filed with the Office of the Public Works District Engineer, the NIA Provincial Irrigation Engineer, NPC Regional Managers or the LWUA Water District General Manager whichever is designated as agent by the Council in the province where the point of diversion is situated in the case of appropriation of waters or where the project is located in all other cases.

II - VIET NAM - Decree No.179/1999 Stipulating the Implementation of the Law on Water Resources

9 - The granting of permits and the exploitation and use of water resources stipulated in Clause 1, Article 24 of the Law on Water Resources are specified as follows:

... (5) The competence to grant and withdraw permits:

a) The Ministry of Agriculture and Rural Development shall grant and withdraw the following water exploitation and use permits:

- Permits for water exploitation and use, with regard to national important projects already approved by the Prime Minister:

- Permits for underground water exploration and exploitation, with regard to concentrated water exploitation projects with a flow of 1,000 m³/day/night or more;

- Permits for taking surface water for agriculture, industry, mining and daily life with a flow of 2 m3/s or more:

- Permits for exploitation and use of water for electric power generation with an output of 500 Kw or more.

b) The People's Committees of the provinces and centrally-run cities shall grant and withdraw the following kinds of water exploitation and use permits:

- Permits for exploration and exploitation of underground water with regard to underground water exploitation projects, with an exploitation flow of less than 1,000 m³/day/night;

- Permits for taking surface water for agricultural and industrial production, mining and daily life with a flow of less than 2 m³/s:

- Permits for exploitation and use of water for electric power generation with an output or less than 500 kW

c) The Ministry of Agriculture and Rural Development shall grant permits for exploitation and use of water resources for other purposes in river basins or inter-provincial water conservancy work systems:

d) The People's Committees of the provinces and centrally-run cities shall grant the permits for exploitation and use of water resources for other purposes in river basins or systems of water conservancy works within localities: grant the permits for exploitation and use of water in river basins and/or inter-provincial water conservancy work systems under the authorization of the Ministry of Agriculture and Rural Development:

e) The agencies in charge of State management over water resource shall be competent to withdraw those kinds of permits they arc competent to grant

(6) The Ministry of Agriculture and Rural Development shall prescribe the procedures for granting water resource exploitation and use permits.

I - TANZANIA - Water Utilization (General) Regulations, 1975

First Schedule - Form A - Application for Water Right - See Appendix I, page 283.

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

Model Form 1 - Application for a Licence (Other than a Licence of Right) to Abstract Water from an Inland Water - See Appendix I, page 285.

III - MALAWI - Water Regulations, 1969

Form WRB.1 - Application for a Grant of Water Right/Certificate of Existing Water Rights (Surface Water Only) - See Appendix I, page 291.

IV - JAMAICA - Water resources regulations, 1995

3. Application for abstraction licence. Form A. Schedule.

(1) An application for a licence required pursuant to section 19 of the Act shall be made to the Authority in the form set out as Form A in the Schedule.

(2) An application made under paragraph (1) shall be in duplicate and shall be accompanied by such maps, documents or information as the Authority may require and by the relevant fee. ...

Schedule - Form A - Application for a licence to abstract and use water - See Appendix I, page 293.

V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

8. Licence to take or use surface water

(1) An application under section 45(1) of the Act for a licence to take or use water ("Licence to Take or Use Surface Water") shall be in accordance with Form 11 and shall be lodged with the Controller.

Form 11 - Application for a licence to take or use surface water - See Appendix, page 294.

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

4. Application for a permit

(1) An application to be submitted to the Appropriate Authority for a water use permit shall contain the following information:

a) name and address of the applicant;
b) the intended use of the water resources;
c) location of the water resources and the intended place of use;
d) the intended method and manner of use of the water resources;
e) the volume of water required monthly and annually;
f) where appropriate, investment certificate and other information required by the Appropriate Authority.

(2) Where reasonably required by the Appropriate Authority, maps, plans and designs shall be submitted together with the application mentioned in sub-Article (1) of this Article.

I - KENYA - Water (General) Rules

28. (1) Except as otherwise provided, any plan filed in accordance with these Rules shall be either:

(a) in duplicate, the original of which shall be on tracing cloth, drawn in indian ink or other indelible manner acceptable to the Water Apportionment Board, and shall be retained by the Board; and the duplicate shall be such blue or other print on sensitized paper as is acceptable to the Board; or

(b) in triplicate, one copy of which shall be on such substantial linen-backed material or sensitized linen as is acceptable to the Water Apportionment Board; and the other copies shall be such blue or other prints on sensitized paper as are acceptable to the Board:

Provided that no sensitized print which has been pasted or gummed on linen or other material shall be accepted by the Water Apportionment Board.

(2) All plans shall be rolled and not folded.

29. (1) Every plan shall have a title, in which shall be incorporated the name of the applicant and the name of the body of water concerned in the application to which it relates.

(2) A space not less than 1 1/2 inches wide by 8 inches long in the lower left-hand corner of the drawing shall, where practicable, be reserved for use by the Water Apportionment Board.

30. Except where otherwise specially provided in these Rules or at the discretion of the chairman, every longitudinal section shall be drawn to the same horizontal scale as the corresponding plan, and shall show the intended level of the proposed works, the height of every embankment, if any, and the depth of cutting, and shall likewise show a horizontal datum line.

31. Every plan shall be drawn to such a scale as will permit of all the details being legibly recorded, and where a scale has been prescribed shall not be drawn to any less scale: Provided that the chairman, at his sole discretion, may accept plans drawn to other scales.

32. (1) Every plan shall be signed and dated by the person making it, and, if it is made by any person other than the applicant to whom it relates, the applicant or his lawfully authorized agent shall also approve, sign and date it.

(2) Every plan prepared by a qualified engineer shall have endorsed thereon a certificate in the following form:

CERTIFICATE

I/We.......................... of........................... hereby certify that this plan was made by me/us [or under my/our direction] and that it correctly represents the places, lands, areas and works shown thereon.

....................................
Qualified Engineer[s].

33. (1) Every plan on tracing cloth shall be drawn and lettered neatly with waterproof drawing ink, and shall be prepared so as to print clearly on sensitized paper.

(2) Every plan, other than those on tracing cloth and unamended prints therefrom, shall be drawn on linen-backed material or other substantial material acceptable to the Water Apportionment Board, and shall be drawn and lettered neatly with waterproof drawing ink.

34. All reduced levels or elevations shown on any plan, or set of plans, longitudinal sections or cross sections of any work or works shall be to the same datum, and reference shall be made on at least one sheet of any set of plans, longitudinal sections or cross sections indicating the datum used, and also the positions of all bench marks, which shall be properly located and described on the general map (and of which bench marks one shall be in the immediate vicinity of the point of diversion, abstraction or storage), from which the datum may be gained.

35. Every plan shall have clearly marked thereon the scale or scales, and when the nature of the plan allows it shall have the north point, true or magnetic, or both, shown thereon.

36. Except where otherwise expressly provided, with every application for a permit the following plans shall be submitted in duplicate:

(a) a general plan;

(b) if such plan necessitates the filing of three or more separate sheets, an index plan to a scale of not less than one inch to one mile;

(c) such detail plans as are required under these Rules or as may be required for a better understanding of the applicant's proposals:

Provided that detail plans need not be submitted until the application has been conditionally approved by the Water Apportionment Board, or until such time as they are called for by the chairman.

37. Every plan shall be given a registered number by the Water Apportionment Board, and shall thereafter be referred to by such number:

Provided that when a plan is amended the amended plan may, if the chairman thinks fit, be given an amended number; and the date on which any plan is amended, together with the nature of the amendment, shall be marked on such plan.

38. Where in any project requiring a plan or plans to be submitted under these Rules:

(a) the total quantity of water to be used exceeds:

(i) three cusecs for irrigation purposes; or
(ii) two hundred thousand gallons a day for any other purposes; or

(b) the quantity of water to be stored exceeds fifty acre-feet; or

(c) the maximum depth of water impounded by the dam or weir measured from stream bed level (or ground level where no stream exists) to spillway cill level is more than 16 feet; or

(d) it is proposed to develop power exceeding one hundred brake horse-power (B. H. P.); or

(e) the project is liable to cause pollution; or

(f) the Water Apportionment Board so directs,

the applicant shall submit such of the detail plans referred to in rules 39 to 48 of these Rules as are applicable, and such plans shall be prepared by a qualified engineer unless the Water Apportionment Board otherwise permits:

Provided that, if in the opinion of the Water Apportionment Board the nature of the works is such as not to require the submission of detail plans, the chairman may in writing dispense with such requirements or part thereof.

42. (1) In every case where a canal is to be constructed, there shall be submitted, when so required by the Water Apportionment Board, a site plan drawn to a scale of not less than 1 in 5,000 and a longitudinal section of the canal with a sufficient number of typical cross sections to illustrate the forms which the canal, when constructed, will take.

(2) The following particulars shall be shown on the longitudinal section:

(a) the original ground levels and the nature of the ground traversed;
(b) the bed levels of the canal and the bed gradients;
(c) the full supply depth and freeboard;
(d) the bed width and side slopes; and
(e) the calculated velocity and discharge at full supply depth.

(3) The cross section shall also show such of the above particulars as are relevant, and the position of each cross section shall be shown on the longitudinal section.

43. (1) Where a canal is to be constructed and the carrying capacity at full supply level is expected to exceed three cusecs for any purpose other than a power purpose, all plans shall be prepared by a qualified engineer, unless the Water Apportionment Board decides otherwise, and there shall be submitted, in addition to the plan required by rule 42 of these Rules, an accurate longitudinal section of the proposed canal, on which shall be recorded in addition to the information required under rule 42 of these Rules, the position of all structures in connection with the canal, the natural surface and proposed bed levels, full supply depths, proposed gradients and top level of embankments.

(2) The scale of such longitudinal section shall not be less than 1 inch to every 500 feet horizontal and not less than 1 inch to every 10 feet vertical, or shall be such other scales as the chairman may in writing approve.

44. For all the structures, including regulators, escapes, spillways, drops, chutes, flumes, syphons, tunnels, outlets, bridges, railway crossings, canal crossings, culverts, overchutes, gauging devices, valves or any other apparatus, device or thing, in connection with canals or pressure conduits, there shall be submitted, when required by the Water Apportionment Board, plans showing plan views, elevations and general cross sections, drawn to a scale of not less than 16 feet to one inch, except where any structure is 200 feet or more in length, when the plan view and elevations may be shown to a scale of not less than one inch to 50 feet.

45. (1) Whenever the quantity of water to be diverted by means of a pipeline or other pressure conduit is less than 200,000 gallons per day, there shall be submitted, when required by the Water Apportionment Board, a sketch longitudinal section, on which shall be marked the low and normal water levels and the bed level of the body of water, at the intake from which the water is to be diverted or abstracted, the location of any works such as pumping plants, intake levels, pressure tanks and stand-pipes, and the internal diameter and material of the pipes, with the invert level of the pipe at which any changes in size or material occur, and the level of the pipe at the point of discharge; and the scales used shall not be less than 1 inch to 500 feet horizontally and 1 inch to 25 feet vertically, or such other scales as the Water Apportionment Board may approve.

(2) Whenever the quantity of water to be conveyed by means of a pipeline or other pressure conduit is greater than 200,000 gallons per day, there shall be submitted, when required by the Water Apportionment Board, an accurate longitudinal section to a horizontal scale of not less than 1 inch to 500 feet and a vertical scale of not less than 1 inch to 25 feet, on which shall be shown the low, normal and high flood levels, and the bed level of the body of water at the proposed intake, the invert levels, the hydraulic gradients of the pipeline, the natural surface of the ground, the location of any works such as pumping plants, pump house, intake wells, stand-pipes, air valves, break pressure tanks and valves, and the internal diameter and material of the pipes, with the invert levels of the pipes at the points at which changes in size or material occur.

(3) The provisions of this rule shall not apply to the distribution or reticulation of any water works for any community, public or urban project, or water undertaker.

46. If a permit is required for a power purpose for the development of more than 100 brake horse-power, there shall be submitted, when so required by the Water Apportionment Board, a contour plan, to a scale of not less than 1 inch to 100 feet, with a contour interval of not more than 5 feet, showing the proposed location of the power-house and other buildings and the point of return of the water, for each power-house site that will be a part of any project.

49. All designs of earth dams, except as hereinafter provided, shall be prepared in accordance with the following minimum conditions:

(a) the line of saturation above the foundation shall in all cases be contained within the cross section of the dam;

(b) adequate freeboard, which in no such case shall be less than 2 feet above high flood level, shall be provided for;

(c) the side slopes of the dam shall be such that there is no possibility of the earth, or other material used in its construction, sloughing or slipping;

(d) whenever an outlet pipe or scour pipe is carried underneath an embankment, it shall, unless the Water Apportionment Board decides otherwise, be surrounded throughout its entire length by concrete, which shall rest throughout its length on solid rock or in a trench in undisturbed soil; and concrete or other collars, approved by the Water Apportionment Board, shall be provided to prevent the percolation of water along the lines of the junctions of the concrete surround to the said pipe and the earth in the embankment.

50. An applicant shall, when so required by the Water Apportionment Board, submit a specification, which shall include the following:

(a) a general statement outlining the extent and purpose of the proposed works;

(b) statements in detail of all data upon which the design is based, including stream measurements, rainfall, stream flow, evaporation records, drainage areas and any other pertinent information;

(c) specifications covering the materials to be used and methods of construction;

(d) if the application is for a power purpose, a statement of the proposed type, number and rated capacity of the water wheels and generators to be installed; and

(e) such further details as may be required by the chairman.

II - PHILIPPINES - Water Rules and Regulations

4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following:

A. For a Water Permit for Agricultural Purposes:

(1) Any document of ownership/possession of the land to be developed such as:

(a) Certificate of Title;
(b) Tax Declaration;
(c) Certificate of Land Transfer; or
(d) Contract of lease, if applicant is a lessee.

(2) Location Plan of Area showing:

(a) Point of Diversion determined graphically by its latitude and longitude;

(b) Delineation of area indicating hectarage for which water will be used and adjoining lands and their corresponding owners duly indicated relative to the point of diversion;

(c) Nature of diversion works, whether temporary or permanent; manner of appropriation, whether by gravity pump; kind of crop; and approximate location or conveyance canal or conduit; and

(d) In case of appropriation of ground water, location and spacing of proposed drilling sites, kind of crop, and approximate location or conveyance canal or conduit in lieu of items (a) and (c) above.

B. For a Water Permit for Hydraulic Power Development and Industrial Purposes, or for a Permit to Dump Mine Tailings or Wastes:

(1) Location and conceptual plans on convenient scale showing the source of water, layout of proposed works, and point of diversion determined graphically by its latitude and longitude;

(2) Brief description of project including among others, how water will be used, amount of water needed for the purpose, power expected to be generated if applicable, amount of water to be discharged back to the source and measures to be taken to insure that such waters are not polluted, other relevant information;

(3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or certificate of registration in case of cooperatives; and

(4) When the application is for industrial use of ground water, the location and spacing of drilling well sites instead of diversion point should be indicated in the location plan.

C. For a Water Permit for Municipal Purposes:

(1) Location, topographic and layout map showing the relative position of source area to be supplied, and diversion point determined graphically by its latitude and longitude;

(2) Brief description of the project, including nature and amount of water to be used, population

(3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or Partnership, or Certificate of Registration in case of cooperatives;

(4) When the application is for industrial use of ground water, the location and spacing of drilling well sites determined graphically by latitude and longitude should be indicated in the location plan; and

(5) When it involves the reuse of waste water for human consumption, the application should be accompanied by a clearance from the Department of Health allowing the reuse of said waste water and setting forth the conditions therefor.

D. For a Water Permit for Recreational, Fisheries and Other Purposes:

(1) Location and conceptual plan showing the relative location of the project with the body of water to be utilized for the purpose, determined graphically by its latitude and longitude;

(2) Brief description of the project including among others, how the water is to be used, area of water surface needed for the purpose or amount of water to be appropriated and location of diversion canal if diversion is to be made, scheme of development, and other relevant information; and

(3) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives....

F. Such other documents that may be required by the Council.

5. In addition to the requirements under Section 4, the following are required in the specific instances indicated:

... D. For all Applications to Appropriate Water: Water permit applications filed for any purpose shall be accompanied by a Certificate of tree planting, survival, or completion as the case may be in the name of the applicant as provided under P.D. 1153.

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

5.... (2) The application shall be accompanied by a map (as mentioned in regulation 4 (5)) for the purpose of showing the matters required so to be shown by whichever is appropriate of the three next following regulations and shall also be accompanied by such other documents (if any) as thereby required.

6.... (2) The matters required to be shown on the map accompanying the application are:

(a) every point of abstraction to which the application relates;

(b) the relevant land for the purposes of section 27 of the Act specified in the application;

(c) save where it is an application for a licence falling within the exception in section 30 (3) of the Act (which exception relates to a licence granted to a river authority, or to water undertakers for purposes of their water undertaking), the land on which it is proposed to use, for the purposes proposed in the application, water abstracted in pursuance of the licence, distinguishing as necessary between parts of the land on which it is proposed to use such water for different purposes.

...

(4) The application shall be accompanied by:

(a) copies of the newspaper or newspapers containing the appropriate section 28 notice (as mentioned in regulation 4 (4)), and

(b) a declaration, signed by or on behalf of the applicant, that such a notice has also been published in the London Gazette (giving the date of publication) and, where the notice is required by virtue of section 28 (1)(b) of the Act to be served on any authority therein mentioned, that such requirement has been complied with (giving particulars of the service).

7.... (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.

8.... (3) In relation to any application in pursuance of section 37 (3) of the Act for a combined licence, the relevant provisions of this part of the regulation shall have effect, subject to the following provisions of this paragraph, as if the application comprised an application for a licence to impound and a separate application for a licence to abstract water; and:

(a) the documents which, by virtue of this paragraph, are required to be put together for the purpose of the application (including any accompanying documents) shall be clearly marked so as to show that those which relate to impounding works and those which relate to abstraction of water are associated with each other as parts of an application for a combined licence;

(b) the requirements relating to the submission of a map with every application for a licence, and to the showing thereon of the matters required so to be shown by whichever is relevant of the regulations with respect to an application for a licence to abstract water and by the foregoing provision of this regulation with respect to an application for a licence to impound, may, if the requisite particulars can be satisfactorily shown on a single map, be complied with by submitting with the application for a combined licence one map containing all the particulars required to be shown in respect of that application;

(c) the appropriate section 28 notice shall be a notice in the form indicated as appropriate to an application for a combined licence in Schedule 2 (and therein numbered N3) [See example IV under Step Three below], or in a form substantially to the like effect.

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

6.... (3) If the applicant is not a person who is entitled to make the application in accordance with section 27 of the Act by virtue of occupying relevant land for the purposes of that section, the application shall be accompanied by the evidence which the applicant tenders with a view to satisfying the river authority:

(a) as respects any proposed abstraction from an inland water or from underground strata, that he has entered into negotiations for the acquisition of an interest in relevant land such that, if the interest is acquired by him, he will be entitled to occupy that land;...

V - UNITED KINGDOM - The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations, 2003

2. Interpretation

In these Regulations, expressions which are used in the EIA Directive have the same meaning as in that Directive, and -

"the 1991 Act" means the Water Resources Act 1991;

"abstraction or impounding licence" means a licence under Chapter II of Part II of the 1991 Act;

"authorisation" means -

(i) an abstraction or impounding licence,...

3. Requirement for an environmental impact assessment

(1) An environmental impact assessment shall be carried out in accordance with these Regulations in relation to a relevant project.

(2) A project is a relevant project if -

(a) it is a water management project for agriculture, including an irrigation project;

(b) in the case of a project involving water abstraction, the amounts abstracted exceed 20 cubic metres in any period of 24 hours; and

(c) it would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location.

(3) A project is not a relevant project if it involves -

(a) development within the meaning of section 55 of the Town and Country Planning Act 1990, or

(b) improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999.

5. Environmental statement to be provided in relation to an application for authorisation

An environmental statement which complies with regulation 6 shall be provided in relation to an application made after 31st March 2003 for, or for the variation of, an authorisation in connection with a relevant project.

6. Environmental statement, and opinions of the Agency on the contents of an environmental statement

(1) An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following -

(a) a description of the project comprising information on the site, design and size of the project;

(b) a description of the aspects of the environment likely to be significantly affected by the project;

(c) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(d) an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and

(e) a non-technical summary of the information provided under sub-paragraphs (a) to (d).

(2) If a person so requests before making an application for, or for the variation of, an authorisation, the Agency shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application.

(3) The fact that the Agency has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information.

(4) The Agency and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him.

(5) Paragraph (4) shall not require the disclosure of information which is capable of being treated as confidential or must be so treated under regulation 4 of the Environmental Information Regulations 1992.

(6) Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available.

(7) If the Agency considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing -

(a) inform the applicant, and

(b) specify what further information the Agency requires, and the applicant shall provide that information to the Agency.

Second schedule - Information about proposed project - See Appendix I, page 296.

VI - UGANDA - Water Resources Regulations, 1998

3. Application for a water permit

... (3) The Director may,

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

I - PHILIPPINES - Water Rules and Regulations

6 - There shall be imposed and collected a fee of One Hundred Pesos (P 100.00) from every applicant, except government agencies, water districts, and duly organized associations or cooperatives for irrigation or rural water supply which shall be paid to the Council in postal money order through the Office where the application is filed.

II - TANZANIA - Water Utilization (General) Regulations, 1975

25. (1) The fees set out in the Second Schedule to these Regulations shall be payable to the Water Officer in respect of the matters specified in that Schedule.

(2) Where an appellate authority allows an appeal under section 32 of the Act, it may, if it deems it fit, direct the Water Officer to refund any fee or any part thereof paid in respect of the appeal and the Water Officer shall give effect to the direction....

Second Schedule - Fees

Item

Matter

Fee Shs.

1.

Application for a water right to be made appurtenant to land (including an application for water right which comprises an application for the water right to be made appurtenant to land)

100/-

2.

Application for a water right other than an application specified in item

150/-

...

III - SOUTH AFRICA - Regulations on Registration of Water Use, 1999

12. Cost of registering a water use

(1) No fee will be charged for an application to register a water use if the completed registration forms are submitted in compliance with regulation 3.

(2) A fee may be charged for registration for any application not submitted within a stipulated period.

(3) Replacement of a lost or damaged registration certificate will be subject to a charge to cover the costs of replacement.

IV - UGANDA - Water Resources Regulations, 1998

Second Schedule - Fees and charges - See Appendix I, page 297.

I - KENYA - Water (General) Rules

125. (1) A separate application shall be made for each point of diversion or abstraction or storage from a body of water or for each separate point of diversion from a reservoir or dam.

(2) In the case of any works taking water from several bodies of water, a separate application shall, in all cases, be made for each source of supply.

II - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

18. Joint interests

(1) Every joint application for a licence, permit or consent shall be in accordance with the appropriate form for such an application but shall be in the names of and signed by each joint applicant, or his or her agent, and shall bear the address of each such applicant.

III - CANADA - BRITISH COLUMBIA - Sensitive Streams Designation and Licensing Regulation, 2000

2. Application of regulation

This regulation applies to an application for a licence, an approval or an amendment to a licence or an approval, in respect of a sensitive stream.

3. Designated streams

The streams listed in the Schedule^[3] are designated as sensitive streams under section 6 (2) of the Act.

4. Qualifications of expert providing report

If an applicant relies on a report of an expert or other form of evidence prepared by an expert and submitted with or in support of the application, the comptroller or regional water manager must be satisfied that the expert is qualified to provide that evidence.

5. Powers to require additional information for purposes of application

For the purposes of considering an application, the comptroller or regional water manager may, at any time, require the applicant to provide further relevant information including, but not limited to, any of the following:

(a) fish inventory;

(b) flow or runoff analysis, including additional flow measurements for correlation of data;

(c) seasonal distribution of water demand, including irrigation;

(d) habitat assessment at the point of diversion and in the area of potential impact;

(e) design of proposed works including diversion structure, balancing and storage reservoirs;

(f) where appropriate, any specific water conservation measures that the applicant will utilize to minimize use of water;

(g) the removal of material from the stream or stream channel in connection with the works;

(h) the protection of natural materials and vegetation that contribute to habitat or stream channel stability;

(i) the addition of substance, sediment, debris or other material to the stream or stream channel in connection with the works;

(j) the restoration of the work site after the works have been completed.

7. Mitigation strategies

(1) In regard to an application for a water licence, approval or amendment to a licence or an approval, an applicant must provide information to the comptroller or regional water manager on mitigation strategies during project planning, design, construction and operation, which may include but are not limited to the following:

(a) the timing of any proposed work;

(b) practices to be undertaken to ensure stream bank and channel stability;

(c) practices that provide for satisfactory fish migration;

(d) practices that provide that fish are not injured or their migration hindered by structures, pumping devices or construction activities;

(e) practices and procedures to maintain water quality;

(f) measures to restore the stream channel and banks to their natural state;

(g) metering of water use;

(h) water conservation measures.

(2) For subsection (1) (f), "natural state" means as close as possible to the state that exists before the work is to begin as proposed by the application.

(3) The comptroller or regional water manager may make it a condition of a licence, approval or amendment to a licence or an approval that the licensee provide on site monitoring of

(a) the construction of the works authorized under the licence, approval or amendment to the licence or approval, and

(b) mitigation measures to ensure that they are performed as required under the licence, approval or amendment to the licence or approval.

(4) Any on site monitoring required under this regulation must be carried out by a person whose qualifications are acceptable to the comptroller or regional water manager.

(5) Post construction monitoring may be discontinued only if

(a) the on site monitor certifies in writing that all works have been completed and are functioning as required in the mitigation plan, or

(b) the applicant is relieved of the monitoring requirement by the comptroller or regional water manager.

8. Compensation proposals

(1) In this section, "in kind compensation" means fish habitat that is provided in place of or instead of fish habitat that would suffer a significant adverse impact under the proposal.

(2) If an applicant proposes to provide in kind compensation for fish habitat that would suffer a significant adverse impact under the proposed use, the compensation proposal

(a) must be for the fish population whose sustainability is at risk,
(b) must provide for the same habitat type as that of the fish population being displaced, and
(c) must be in equal proportion to or greater than the fish habitat that will be lost.

(3) A proposal for in kind compensation for fish habitat must make full compensation for the significant adverse impact on the fish habitat by providing for in kind compensation in the following locations and in the following order of priority:

(a) at the same location where the projected habitat impact will occur;
(b) within the same stream system;
(c) within the same watershed;
(d) within another area immediately adjacent to the same watershed having similar physiography and macroclimate.

(4) If the in kind compensation at the first applicable location listed in subsection (3) is insufficient to fully compensate for the significant adverse impact on the fish habitat, the proposal must provide for the remainder of the compensation to be satisfied at the next applicable location in the list.

(5) The applicant will be responsible for monitoring and maintenance of the in kind compensation for fish habitat until one of the following occurs:

(a) the comptroller or regional water manager is satisfied that the objectives of the compensation plan are met;

(b) the comptroller or regional water manager directs that the applicant is no longer responsible for monitoring and maintenance of the in kind compensation for fish habitat.

(6) Subject to subsections (9), (10) and (11), if in kind compensation cannot be achieved as provided in subsections (2) to (4), the comptroller or regional water manager may approve financial compensation for the habitat that will suffer a significant adverse impact.

(7) If financial compensation is approved by the comptroller or regional water manager, the applicant must employ a person whose qualifications are acceptable to the comptroller or regional water manager to determine the cost of recreating the habitat that will suffer a significant adverse impact, including the cost of developing and monitoring any plan.

(8) In considering whether to accept financial or in kind compensation, the comptroller or the regional water manager must consider whether the approval of the federal Department of Fisheries and Oceans has been obtained in respect of that compensation.

(9) The comptroller or regional manager must not accept compensation under section 6 of the Act in relation to a fish population if the fish population whose sustainability is at risk is a species of fish designated under the Wildlife Act as a threatened or endangered species.

(10) The comptroller or regional manager may refuse to accept compensation under section 6 of the Act in relation to a fish population if the fish population whose sustainability is at risk is

(a) of regional significance, or
(b) genetically or geographically distinct.

(11) The comptroller or regional manager must not accept compensation under section 6 of the Act if the impact on fish habitat of implementing the proposal would critically reduce the sustainability of the fish population.

UNITED KINGDOM - Water Resources (Licences) Regulations, 1965

17. (1) The register which, by virtue of section 53 of the Act, is required to be kept by a river authority and to be available for inspection by the public at all reasonable hours shall contain the following information with respect to every application made to the river authority for the grant, revocation or variation of a licence under the Act, namely:

(a) the name and address of the applicant, the date of the application and brief particulars of its proposals;...

(5) Every entry in the register with respect to an application made after 30th June 1965, or to a decision on any application, shall be made, within 14 days from the date of receipt of the application or of the issue of the decision, and every such entry with respect to an application made before 1st July 1965 shall be made within 28 days from the date of receipt of the application.

I - MALAWI - Water Regulations, 1969

6. (1) The Water Resources Board shall, on receipt of an application for a grant under section 10 and before making such grant, and may on receipt of any other application under the Act in respect of which in its opinion public notification should be given, cause to be published in the Gazette and in at least one newspaper circulating in Malawi in such manner as it may deem necessary a notice giving the purport of the application and inviting objections to be submitted within a period of 30 days from the date of publication.

(2) Objections made in response to a notice under subsection (1) shall be submitted in writing to the Water Resources Board within the time specified and shall state:

(a) the name and address of the objector;
(b) the matter to which objection is made;
(c) the grounds of the objection;
(d) the objector's interest in the matter;
(e) whether the objector desires to make a personal representation to the Water Resources Board.

(3) It shall be within the discretion of the Board to adjudicate upon any objection made without hearing any personal representations.

(4) No application in respect of which a notice has been given under subregulation (1) shall be considered by the Water Resources Board until the expiration of 30 days after the publication of such notice.

II - PHILIPPINES - Water Rules and Regulations

8. Upon receipt of an application for water permit, the Office concerned shall process the same to determine compliance with the requirements prescribed in Section 4 hereof. If found in order, and upon payment of the filing fee, notices of the application shall be posted in a conspicuous place in said office and shall remain posted for a period of Sixty (60) days. Notices of application shall, likewise, be sent by the said office to the following for posting in a conspicuous place for the same period.

(a) Barangay Chairman of the place where the point of diversion is located;

(b) Municipal Secretary of the town where the point of diversion is located;

(c) The Secretary of the Sangguniang Panlalawigan of the province where the point of diversion is located;

(d) Public Works District Engineer or Provincial Irrigation Engineer as the case may be.

Copies of the notice of application shall, likewise, be furnished to concerned Regional Offices of the Ministry of Public Works, National Irrigation Administration, National Power Corporation and Ministry of Natural Resources and Local Water District Office, if any.

9.... B. Any person who may be adversely affected by the proposed appropriation may file a verified protest with the Council or with any deputized agency investigating the application within sixty (60) days after posting of the Notice of Application in the office where the application was filed. Protests to an application for water permit shall be governed by the rules prescribed for resolving water use controversies.

III - TANZANIA - Water Utilization (General) Regulations, 1975

3. Where an application is made in accordance with section 15 of the Act, the Water Officer shall prepare a notice setting out the particulars of the application and cause it to be:

(a) published in the Gazette;

(b) served upon all person named in the application as being liable to be affected by the grant of the right for which the application is made, and upon such other persons as he thinks fit; and

(c) displayed at the District Office of the district in which the right for which the application is made will, if granted, be exercised.

5. (1) A Water Officer may refuse to consider any objection to an application for a water right, the apportionment of water right, or an easement if the objection reaches him forty days after the relevant date.

(2) In this regulation the expression "relevant date" means:

(a) in the case of an objector served with a notice under regulation 3 or copy of an application under regulation 4, the date on which such notice or copy was served upon him;

(b) in the case of an objector who is not entitled under regulation 3 to have notice of an application served upon him, the date on which particulars of the application were first published in the Gazette;...

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

4.... (4) The forms numbered N1 to N4 in Schedule 2 to these regulations are the forms of notice prescribed for the purposes of section 28 of the Act (and for the purposes of that section as applied by sections 37 (5) and 42 (2) of the Act), by virtue of which applicants are required (with certain exceptions) to publish, and in some circumstances serve, notices with respect to their applications; and any reference in this part to the appropriate section 28 notice in relation to an application is a reference to a notice in that one of the forms mentioned above which is appropriate to the application, or in a form substantially to the like effect.

...

10.... (2) In the case of any application for a licence (other than a licence of right) in pursuance of which the applicant proposes either to abstract water, or to construct or alter impounding works (or to do both) in the area of a National Park:

(a) the river authority, on receipt of the application, shall give notice in writing of the making of the application to the National Park planning authority, or, as the case may be, to each National Park planning authority, in whose area it is proposed to effect or carry out any such abstraction or work (together with a copy of the application and a map sufficient to enable the land which is the subject of the application to be identified), and shall include in the notice a statement to the effect that the planning authority may, if they so desire, make representations in writing with respect to the application in question within a period of 21 days from the date on which the notice is given;

(b) the application shall not be determined until after the last date on which representations may be made with respect to it in pursuance of a notice given under this paragraph, and the matters to which the river authority or the Minister, as the case may be, is to have regard in dealing with the application shall include any representations duly made with respect to the application by a National Park planning authority in pursuance of such a notice.

...

Form N1 - Notice of Application for Licence to Abstract Water - See Appendix I, page 298.

Form N2 - Notice of Application for Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works - See Appendix I, page 299.

Form N3 - Notice of Application for a Combined Licence to Obstruct or Impede the Flow of an Inland Water by Means of Impounding Works and to Abstract Water - See Appendix I, page 301.

V - PHILIPPINES - Water Rules and Regulations

9. A. Investigation and Studies

After seven (7) days from the first day of posting of notice at the office where the application is filed, the office concerned shall determine:

1. The approximate seasonal discharge of the water source;

2. The amount of water already appropriated for beneficial use;

3. The water requirement of the applicant is determined from standards of beneficial use prescribed by the Council;

4. Possible adverse effects on existing grantees/permittees or public/private interest;

5. Environmental effects;

6. Land-use economics;

7. Whether the area to be irrigated can be integrated with that of an existing or proposed irrigation association for common irrigation facilities and

8. Other relevant factors....

VI - JAMAICA - Water resources regulations, 1995

24. Procedure on receipt of application for licence

(1) On receipt of an application for a licence to abstract and use water the Authority hall cause a notice of the application - -

(a) to be published in the Gazette and once in each of two successive weeks in a daily newspaper circulating in Jamaica; and

(b) to be served on any person or body who, in the opinion of the Authority, may be affected by the proposed abstraction and use of water.

(2) The Authority shall also submit an application referred to in paragraph (1) to any agency or department of government exercising functions in relation to water and such agency or department of government may, within the specified period, make such recommendations as it thinks fit respecting the application.

(3) A notice under paragraph (1) shall - -

(a) indicate the place at which the application and all documents submitted with it may be inspected by the public, free of charge, at all reasonable hours during the specified period; and

(b) state that any person may, within the specified period, make representations to the Authority with respect to the application.

(4) In this regulation "specified period" means a period of thirty days or such further period as the Authority may allow from the date on which a notice of the application was, pursuant to paragraph (1) (a), first published in such daily newspaper or, from the date of submission of the application to such department or agency, as the case may be.

VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

8. Licence to take or use surface water

(1) An application ... for a licence to take or use water ("Licence to Take or Use Surface Water") ... shall be lodged with the Controller.

(2) The Controller may publish in a newspaper circulating in the locality of land to which the application relates a notice, in accordance with Form 12, of the application having been made and if the Controller does so he or she shall forward a copy of the notice to the owners and occupiers of any land upstream or downstream of the proposed point of taking of the water which, in the Controller's opinion, may in any way be affected as the result of the granting of the licence.

(3) The costs of publication of a notice under subregulation (2) shall be met by the applicant. ...

Form 12 - Notice of application - See Appendix I, page 302.

VIII - UGANDA - Water Resources Regulations, 1998

4. Advertisement of application

(1) The Director may require an applicant for a water permit, at his cost, to advertise the application for a water permit in such manner as the Director may in writing specify.

(2) The Director may request the applicant referred to in subregulation (1), in any notice advertised under that subregulation, to invite submissions on that publication within such period as the Director may in writing specify.

5. Director to consult public authorities on applications

The Director shall, after receipt of any application referred to in regulation 3, refer such application to any public authority designated by the Committee for consideration and comments.

I - KENYA - Water (General) Rules

25.... (5) The Water Apportionment Board shall consider such application, and may issue a permit on such terms and conditions as it thinks fit, or may refuse it....

II - PHILIPPINES - Water Rules and Regulations

11. The Council shall approve or disapprove applications for water permits, within sixty (60) days after receipt of recommendation of its deputized agent and other agencies requested to comment, unless a longer period is needed for the disposition of protests filed with the Council. In cases of application for industrial use or in cases of such other use where waters may become polluted, the Council shall refer the application to the National Pollution Control Commission for comment and recommendation. If deemed necessary, the Council shall refer the application to other agencies concerned as the case may be.

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

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];

(b) in the case of an application for a licence other than a licence of right, being an application made before 1st July 1965, a period ending on 30th September 1965; and

(c) in any other case, three months....

IV - PHILIPPINES - Water Rules and Regulations

20. Except when otherwise justified by type of irrigation system, soil conditions, kind of crop, topography and other factors, water permits for agricultural use shall be granted on the basis of one litre per second per hectare of land to be irrigated.

V - PHILIPPINES - Water Rules and Regulations

26. The Council may grant temporary permits for the appropriation and use of water in situations such as the following.

(a) Irrigation of an area pending the construction of a larger system to be operated either by the government or by an irrigation association which will serve said area. Such permit shall automatically expire when water becomes available for the area from the larger system. In cases where the supply from the larger system is not adequate, the permit may be modified accordingly.

(b) When there is need to use water for municipal purposes in emergency situations pending the availability of an alternative source of supply as provided in Article 22 of the Code.

(c) For special research projects requiring the use of water for certain periods of time;

(d) For temporary use of water needed for the construction of roads, dikes, buildings, and other infrastructures; and

(e) When there are unforeseen delays in the approval of the application and appropriation of water is necessary pending the issuance of a water permit, unless the application is protested.

Temporary permits shall be granted by the Council on a case to case basis specifying the conditions and period under which the permit is valid. The Council may delegate the issuance of temporary permits for a period of not exceeding six (6) months and a quantity of not more than 200 litres per second.

VI - UNITED KINGDOM - The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations, 2003

8. Determination of application and notice of determination

(1) The Agency shall not determine an application for, or for the variation of, an authorisation relating to a relevant project before the latest date allowed under these Regulations for making representations or concluding any consultation.

(2) In determining the application the Agency shall take into consideration the environmental statement, any further information provided, and any representations relating to the environmental effects of the project made to the Agency in accordance with these Regulations.

(3) Within twenty-eight days of the decision on the application, the Agency shall publish in those newspapers in which a notice was published under regulation 7 a notice stating that the Agency has granted or refused the application and stating a place and times where any person may inspect -

(a) any relevant authorisation or variation;

(b) a document containing the relevant decision and the main reasons and considerations on which it is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the project. ...

VII - JAMAICA - Water resources regulations, 1995

4. Matters to be considered by Authority

In considering an application for a licence to abstract and use water the Authority shall have regard to - -

(a) the provision of the Master Plan, including any amendments made thereto;

(b) any recommendations or representation made pursuant to regulation 24 (2) and (3), respectively;

(c) the consideration that the satisfaction of the demands of public water supply is a matter of priority;

(d) the requirements of the applicant as specified in the application and whether or not he has such financial and technical resources as may be necessary for the enjoyment of the licence;

(e) the requirements of other persons who have subsisting licences to abstract and use water;

(f) the safeguarding of public health and the environment;

(g) the requirements of in-stream uses of the water; and

(h) the requirements of land drainage.

5. Authority may grant or refuse licence

(1) On consideration of an application the Authority may grant or refuse to grant a licence. ...

(3) If the Authority refuses to grant a licence, it shall state in writing the reasons for its decision and inform the applicant of his right under the Act to appeal against the decision. ...

VIII - VIET NAM - Decree No. 179/1999 Stipulating the Implementation of the Law on Water Resources

9. The granting of permits and the exploitation and use of water resources stipulated in Clause 1, Article 24 of the Law on Water Resources are specified as follows:

... (2) Grounds for granting permits:

The granting of permits for exploitation and use of water sources must be based on:

a) The legislation on water resources and other relevant legislations;

b) Plannings for protection, exploitation and use of water sources as well as prevention of and combat against harmful effects caused by water in river basins, and the water conservancy work system plannings: the result of the evaluation of exploration projects and the report on underground water exploration by specialized agencies or specialized councils;

c) Actual capacity of water sources, water supply standards and water use demand;

d) Proposals of the agency(ies) managing the river basin zoning, and organizations and individuals managing and exploiting water conservancy works.

...

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

5. Issuance of Permit

(1) The Appropriate Authority shall issue the requested permit within 60 days, where it is satisfied that the intended use of the water:

a) is not detrimental to the interests of other water users but without prejudice to the provisions of Article 7(3) of this Proclamation; and

b) does not entail harmful effects on or pollution of the water resources and the environment.

(2) Where the Appropriate Authority rejects the application, it shall notify the applicant, in writing, within the time limit specified in sub-Article (1) of this Article, stating the reason thereof.

11. Responsibilities of the Appropriate Authority

The Appropriate Authority shall:

(1) take the necessary cautionary measures during issuance of permits to avoid excessive allocation or depletion of a water resource;

(2) ensure that water resources are utilized in sustainable and most beneficial manner.

(3) take necessary measures so that the issuance of water use permit to investors does not adversely affect the interest of peasants in any manner whatsoever; ...

X - UGANDA - Water Resources Regulations, 1998

6. Factors to be taken into account when considering an application

The Director shall, when considering an application referred to under regulation 3 of these regulations, take into account the following factors;

(a) the existing and projected availability of water in the area;

(b) the existing and projected quality of water in the area;

(c) any adverse effect which the facility or allocation or use of water under the permit is likely to have on,

(i) existing authorised uses of water;
(ii) an aquifer or waterway, including effects on land which forms the waterway or its surroundings;
(iii) the drainage regime;
(iv) the environment, including the riverine and riparian environment;
(v) in-stream uses of water.

(d) any water to which the applicant is already entitled;

(e) the availability of any alternative sources of supply;

(f) the need to protect the environment;

(g) government policy on conservation;

(h) government policy relating to the preferred allocation or use of water resources;

(i) any notice published under subsection (1) of section 8 of the Statute;

(j) if the application relates to works on a waterway, the safety of those works and the likely effect of the escape of water from those works;

(k) any submissions made under subregulation (2) of regulation 4^[4];

(l) the comments made by a public authority under the provisions of regulation 5^[5] of these regulations.

XI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

18. Joint interests

... (2) The Controller, after considering the application, the objections, if any, and all replies to such objections made by one or more of the joint applicants, shall determine whether or not a licence, permit or consent -

(a) shall be granted to the applicants jointly;

(b) shall be granted to one or more of the applicants, but not to all the applicants, and may include as a condition of the licence, permit or consent such special conditions concerning the joint and several obligations of the applicants as the Controller thinks fit. ...

XII - CANADA - ALBERTA - Water (Ministerial) Regulation, 1998

11. Licence purposes

A licence may be issued for any or all of the following purposes:

(a) municipal;
(b) agricultural;
(c) irrigation;
(d) commercial;
(e) industrial;
(f) water power;
(g) dewatering;
(h) management of fish;
(i) management of wildlife;
(j) implementing a water conservation objective;
(k) habitat enhancement;
(l) recreation;
(m) water management;
(n) any other purpose specified by the Director.

I - TANZANIA - Water Utilization (General) Regulations, 1975

Form E - Provisional/Final Grant of Water Right - See Appendix I, page 303.

II - MALAWI - Water Regulations, 1969

Form WRB.3 - Grant/Certificate of Water Right - See Appendix I, page 303.

III - KENYA - Water (General) Rules

Form WAB.16 - Authorization to Construct Works for the Diversion, Abstraction, Storage or Use of Water - See Appendix I, page 305.

IV - PHILIPPINES - Water Rules and Regulations

13. Water Permits issued by the Council shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions:

a) That within one (1) year from the receipt of the permit the applicant shall submit to the Council for approval, the plans and specifications for the diversion works, pump structure, water measuring device, and other required structures and in addition for private sector projects the implementing schedules of construction. No construction work or privatesector projects shall commence until the plans, specifications and implementing schedules are duly approved. When the diversion dam is temporary and less than two (2) meters high, the submission of plans for the dam may not be required.

b) The construction of the necessary structures and diversion works shall begin within ninety (90) days from the date of receipt of the approved plans, specifications and implementing schedules and shall be completed within the approved schedule unless extended by the Council for valid or justifiable reasons: Provided, that water shall not be diverted, pumped or withdrawn until after such structures and work shall have been inspected and approved by the Council, unless otherwise allowed. Except in cases of emergency to save life or property or repairs in accordance with plans originally approved, the alteration or repair of these structures shall not be undertaken without the approval of the Council.

c) The right of a permittee to the Amount of water allowed in the permit is only to the portion or extent that he can use beneficially for the purpose stated in the permit. The diversion of the water shall be from the source and for the purpose indicated in the permit and in no case should said use exceed the quantity and period indicated therein. In gravity diversions, regulating gates of the canal shall be closed when water is not needed.

d) The Council may, after due notice and hearing, reduce at anytime the quantity of water or adopt a system of apportionment, distribution, or rotation thereof when the facts and circumstances in any situation would warrant the same in the interest of the public and/or legal appropriators.

e) The Council may, after due notice and hearing, revoke the permit in favour of projects for greater beneficial use or for multi-purpose development, subject to compensation in proper cases.

f) The Council shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the National Pollution Control Commission.

g) At any time after completion of diversion works and necessary structures, non-use of the water for the purpose stipulated in the permit for a period of three consecutive years shall render said permit null and void, except as the Council may otherwise allow for reasons beyond the control of the permittee.

h) Any person in control of a well shall prevent the waste of water therefrom and shall prevent water from flowing onto the surface of the land or into any surface water without being beneficially used, or into any porous stratum underneath the surface.

i) Any person in control of a well shall prevent water containing mineral or other substances injurious to the health of humans or animals or to agriculture and vegetation from flowing onto the surface of the land or into any surface or into any other aquifer or porous stratum.

V - MALAWI - Water Regulations, 1969

3. (1) The following covenants on the part of the grantee shall, unless otherwise expressly stated therein, be implied in every grant:

(a) to pay the rent reserved by the grant on the day and in the manner therein provided;

(b) to erect any works required for the abstraction of water (hereinafter called the "works") in a substantial and workmanlike manner to the satisfaction of the Minister and so as to cause no unnecessary damage or disturbance to the bed, banks or surrounds of the river or stream (hereinafter called the "said river or stream") from which abstraction is authorized;

(c) not to discharge or allow to be discharged into the said river or stream:

(i) any water of less purity than or of a temperature sensibly differing from the water in the said river or stream, or

(ii) any substance or matter which shall prejudicially affect the said river or stream or any fish contained therein which shall be or cause a nuisance;

(d) for the purpose of bilharzia and malaria control to keep and maintain the margin of the works and all water channels leading therefrom to an appropriate depth free of all vegetation and to do all other suitable measures that may be necessary to prevent the collection of pools of water in the vicinity of the works;

(e) not to assign the grant without the previous consent in writing of the Minister;

(f) to indemnify and keep indemnified the Minister against all actions, claims and demands which may be brought or made against the Minister by reason of anything done by the Grantee under the authority of the grant; and

(g) within six months after the expiration or prior termination of the grant and if requested by the Minister so to do, to remove the works and to restore the land on which the works were erected to the same or as good a state as it was immediately before the works were constructed or in default of so doing to repay to the Minister such costs and expenses as may be incurred by him in effecting such removal and restoration.

(2) For the purposes of this regulation "temperature sensibly differing" shall mean a difference in temperature which can be appreciated by the senses without the use of a thermometer.

4. The following conditions shall, unless expressly excluded therefrom, be implied in every grant:

(a) a grant shall not limit in any way the exercise of the existing or future water rights vested in the Minister nor imply any guarantee that the quantity of water referred to is or will become available;

(b) the water used under a grant and returned to any stream or body of water shall not be polluted with any matter derived from the course of the water to such an extent as to be liable to cause injury or damage whither directly or indirectly to the health of the public or to livestock, animals, fish, crops, orchards or gardens by the use of consumption of or irrigation by such water or to any project in the processing of which such water is used;

(c) all reasonable precautions shall be taken by the grantee to the satisfaction of the Water Resources Board to prevent accumulation in any river, stream or watercourse of silt, sand, gravel, stones, sawdust, refuse, sewerage, waste or any other substance which may injuriously affect the use of such water; and

(d) a grant shall be revokable by the Minister at any time in the event of the non-compliance by the grantee with any of the convenants on his part therein contained or implied.

5. The following additional conditions shall, unless otherwise expressly stated in the grant, be implied in every grant for mining, industrial purposes or generation of power:

(a) the water used shall be returned, if reasonably practicable, to the stream or body of water from which it was taken or to such other stream or body of water as the Water Resources Board may direct; and

(b) the water used shall, insofar as the use to which it is to be put allows, be returned substantially undiminished in quantity.

VI - JAMAICA - Water resources regulations, 1995

5. Authority may grant or refuse licence

... (4) A licence granted under this regulation - -

(a) shall be in the form set out as Form B in the schedule; and
(b) shall be for such periods as the Authority thinks fit.

(5) In addition to the implied term specified in section 23 of the Act, a licence may contain such terms and conditions as the Authority thinks appropriate, including - -

(a) the term that the amount of water authorized to be abstracted under the licence may vary according to the availability of excess water; or

(b) the condition that certain works should be constructed within a specified time by the person to whom the licence is granted.

(6) A licence to which paragraph (1) refers may contain different provisions relating to --

(a) the abstraction of water during different periods;
(b) the abstraction of water from the same source of supply but at different points or by different means;
(c) the abstraction of water for use for different purposes.

(7) Nothing in paragraph (6) shall be construed to preclude a grant by the Authority, if it thinks appropriate in any case, of two or more licences to the same person to be held concurrently in respect of the same source of supply, if the licences authorize the abstraction of water at different points of the source by different means.

Schedule - Form B - Licence to abstract and use water - See Appendix I, page 306.

VII - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

Form 13 - Licence to take or use surface water - See Appendix I, page 307.

VIII - UGANDA - Water Resources Regulations, 1998

7. Conditions attached to and transfer of water permits

(1) The Director may grant a water permit in the forms specified in the Fourth Schedule except that

(a) Form C 1 shall be used for Surface Water permits; ...

(2) In addition to the conditions specified in section 20 of the Statute the Director may attach any or all of the following conditions to a water permit

(a) the permit may be granted for a period not exceeding five years;

(b) the permit shall be granted subject to such conditions as are relevant to the specified particular types of uses determined by the Committee;

(c) conditions relating to the standard of:

(i) construction;
(ii) dimension;
(iii) any other feature of the works; and (iv) any associated works.

(d) conditions relating to the future maintenance and operation of the works and any associated works and the date on which operation of these works may commence;

(e) the date of commencement of work on the works and the notice required to be given of that commencement;

(f) the submission of reports on the carrying out of work on the works;

(g) the period within which work on the works must be completed;

(h) the qualifications that must be held by any person who is to undertake, design, construct or operate the whole or any part of the works;

(i) in the case of works on a waterway, additional works or measures to be undertaken for,

(i) the protection and enhancement of in-stream uses of water;
(ii) the protection of water and its surroundings;
(iii) the maintenance of flow in the waterway,
(iv) the maintenance of the drainage regime.

(j) in the case of works for a storage of water within a waterway, steps to be taken to maintain the availability of water to satisfy other users;

(k) in the case of a borehole,

(i) additional works or measures to be undertaken for the protection of other aquifer for the maintenance of the flow of water;

(ii) requiring samples of materials excavated from the borehole and of water encountered in the borehole at the time of the excavation to be taken and given to a specified authority;

(iii) requiring all or any part of the works to be carried out by or under the direction of the person holding a drilling permit.

(l) the purposes for which water may be used;

(m) the maximum amount of water which may be taken at a particular period or under the circumstances;

(n) payment for the water used;

(o) the protection of the environment;

(p) government policy on conservation;

(q) the efficient use of water resources;

(r) the manner in which the applicant is to compensate any person whose existing authorised use of water may be adversely affected by the allocation or use of water under the permit;

(s) the protection or control of in-stream uses of water;

(t) the installation and use of measuring devices or pumps. ...

Fourth Schedule - Form C1 - Water permit (Surface water) - See Appendix I, page 308.

IX - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

18. Joint interests

... (3) It shall be a condition of every joint licence, permit or consent -

(a) that each joint holder is jointly and severally bound by the terms and conditions;

(b) that each joint holder is jointly and severally liable for any fees or other amounts payable or which may become payable under the Act;

(c) that where one joint holder is convicted of an offence against the Act, each and every joint holder shall be deemed also to have committed the offence and may be convicted of it and shall be liable to the penalty prescribed unless the joint holder proves that he did not know and had no reasonable means of knowing of the commission of the offence at the time of its commission; and

(d) that each joint holder is jointly and severally bound to comply with all notices and directions given under the Act, except where the notice or direction relates to any thing, measure or work on the land of one or more, but not all, such holders, in which case the notice or direction shall specify which joint holders shall be bound to comply therewith and are liable for a failure so to do.

I - PHILIPPINES - Water Rules and Regulations

12. Approved applications shall be issued water permits subject to such conditions as the Council may impose. Such permit must bear the seal of the Council and the signature of the Executive Director. A copy of said permit shall be furnished the Office where the application was filed.

Disapproved applications shall be returned to applicants through the office where the same was filed, within thirty (30) days of such disapproval, stating the reasons therefor.

The Council shall, moreover, furnish periodically all PW Regional Directors, PW District Engineers, and NIA Regional Directors and Provincial Irrigation Engineers, a list of approved water permits granted within their respective areas of jurisdiction.

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

10.... (5) Where the river authority decide to grant a licence subject to conditions or departing in a material respect from the proposals in the application, or to refuse a licence, they shall state their reasons in writing, and the river authority shall send with their decision a notification in (or substantially in) the terms of the relevant notification set out in Schedule 3 to these regulations....

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

17. (1) The register which, by virtue of section 53 of the Act, is required to be kept by a river authority and to be available for inspection by the public at all reasonable hours shall contain the following information with respect to every application made to the river authority for the grant, revocation or variation of a licence under the Act, namely:

... (b) the decision, if any, of the river authority, the date of that decision and brief particulars (including the serial number) of any licence granted, or revocation or variation effected, by virtue of that decision;

(c) the decision, if any, of the Minister (whether on the reference of the application to him or on appeal from the river authority), the date of the Minister's decision and brief particulars of any licence directed to be granted (and the serial number of such licence when granted), or of any revocation or variation directed to be effected, in pursuance of that decision;...

IV - JAMAICA - Water resources regulations, 1995

25. Register

(1) The Authority shall keep, in such manner as it thinks fit, a register or registers in which shall be kept a record of:

(a) every licence granted to abstract and use water;

(b) any consent granted for well-drilling; and

(c) every well-driller’s licence, and all actions taken under the Act or these Regulations in respect of any such licence or consent shall be entered in the appropriate register.

(2) Every register to which paragraph (1) refers shall be open for inspection by the public at the offices of the Authority at all reasonable hours, free of charge, and the Authority shall arrange for copies of any entry in any such register as aforesaid to be provided to any person on his request if he pays such fee as may be prescribed.

V - UGANDA - Water Resources Regulations, 1998

27. Register

(1) The Director shall keep a register of any works and uses of water registered under these regulations.

(2) The register shall contain the information set out in the Seventh Schedule to these regulations and any other information which the Director may consider appropriate.

(3) The Director may revise the register,

(a) to take into account any change in the ownership or occupation of land;
(b) to correct any error; or
(c) to take into account any surrender, cancellation, variation, or alteration of any permit.

(4) Subject to this regulation, the Director may keep the register in such forms as the Director considers appropriate.

Seventh schedule - Information to be included in Register of water works and uses - See Appendix I, page 309.

I - TANZANIA - Water Utilization (General) Regulations, 1975

19. (1) Any person wishing to appeal under section 32 of the Act shall give to the Water Officer and to the appellate authority a notice of his intention to appeal within thirty days of the notification to him of the decision of the Water Officer or the service upon him of the certificate or the grant in respect of which the appeal is to be made or, if he is not a person upon whom the Water Officer is required by the Act or by these Regulations to serve notice of such decision, within thirty days of the decision.

(2) Notwithstanding paragraph (1), the appellate authority may, for good cause, extend the period within which notice of appeal may be given.

20. Upon receipt of a notice of intention to appeal and within twenty-one days of the receipt of the notice, the Water Officer shall cause to be prepared and transmitted to the appropriate appellate authority:

(a) in the case of an appeal against a decision given in respect of any application, three copies of:

(i) a written statement showing the name and address of the applicant and every objector to the application, and the decision appealed against;

(ii) the application in respect of which the decision appealed against was given;

(iii) the relevant portion of the minutes showing the advice of the Board, if any was given;

(iv) any objection which was referred to the Board;

(v) all other documents which were considered by the Water Officer in arriving at the decision appealed against; and

(vi) a written statement signed by the Water Officer indicating concisely the grounds of the decision appealed against and any conclusion of fact arrived at by him.

(b) in every other case, three copies of the documents specified in sub-paragraphs (iii), (v) and (vi) of paragraph (a), together with any notice relevant to the matter served by the Water Officer on the appellant and any representation or statement made by him to the Water Officer.

21. The appellant shall, within twenty-one days after giving notice of appeal, transmit to the appellate authority and the Water Officer three copies of his memorandum of appeal setting out concisely and under distinct and consecutively numbered heads the grounds of his objection to the decision of the Water Officer.

22. (1) Subject to paragraph (2), upon receipt of the memorandum of appeal, the appellate authority shall proceed to consider and determine the appeal.

(2) The appellate authority may, if it thinks it desirable, give an opportunity to the appellant to be heard in support of his memorandum of appeal.

(3) When the appellate authority decides to hear the appellant in support of his memorandum of appeal, it shall give an opportunity to be heard to

(a) the Water Officer; and
(b) if the appeal is against the decision of the Water Officer on an application-

(i) all objectors to the application if the appellant was the original applicant; or
(ii) the original applicant is the appellant was an objector to the application.

(4) In deciding on the appeal the appellant authority shall not confine its considerations to the grounds of appeal set out in the memorandum of appeal.

22A. (1) The Water Officer shall, in addition to each case where he is required by the Act to give notice, give notice of every decision from which an appeal lies under section 32 of the Act to-

(a) the person whose application has been determined by such decision or whose water right, easement, or works have been so affected;

(b) all persons who have objected to the application where an application may be objected to; and

(c) all persons on whom the Water Officer is required to serve notice of the making of an application.

(2) Notwithstanding paragraph (1), the Water Officer may not give notice under this regulation to any person on whom, as a result of the decision, he has already served a certificate or grant under the Act.

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

12. (1) Any person who wishes to appeal in accordance with section 39 of the Act against the decision of a river authority on his application for a licence under the Act (or by reason of the failure of the river authority to give notice of their decision or of the reference of the application to the Minister) shall give notice of appeal in writing to the Minister within one month from the date of receipt of notice of the river authority's decision, or of the expiry of the appropriate period (or any agreed extension thereof) specified in regulation 10 (4) of these regulations, as the case may be, or within such longer period as the Minister may at any time allow.

(2) Such a person shall provide the Minister with a copy of the following documents:

(a) the application for a licence made to the river authority;
(b) all relevant maps and particulars submitted to the authority;
(c) the notice of the decision, if any;
(d) all other relevant correspondence with the river authority.

(3) On receipt of the copy of the notice of appeal which the applicant is required by section

39 (2) of the Act to serve on the river authority, that authority shall within a period of 14 days serve a copy of the notice:

(a) on each of the persons, if any, who made representations with respect to the application to which the appeal relates within the period allowed in that behalf by the appropriate section 28 notice relating to that application; and

(b) on any National Park planning authority who, having been served with notice of the application to which the appeal relates in accordance with the provisions of regulation 10(2) of these regulations, duly made representations with respect to the application.

(4) Any person or authority who is served with a copy of a notice of appeal under the preceding paragraph may make further representations to the Minister in writing within a period of 21 days from the date on which the copy of the notice is served on him, and the Minister shall take into account any further representations duly made to him by a National Park planning authority as well as any such representations made to him by a person referred to in sub-paragraph (a) of the last preceding paragraph.

III - JAMAICA - Water resources regulations, 1995

28. Provisions relating to appeal.

(1) Every appeal to the Minister pursuant to section 43 of the Act against a decision of the Authority -

(a) shall be commenced by a notice of appeal which shall be addressed to and served upon the Permanent Secretary; and

(b) shall be served within fourteen days of the date of notification of the decision in respect of which the appeal is made.

(2) The notice of appeal may be in the form of a letter and shall set forth clearly the grounds of the appeal, and the date upon which the subject matter of the appeal arose, and there shall be attached to such notice copies of any correspondence or other documents or statements verified by statutory declaration of facts relating to the subject matter of the appeal.

(3) The appellant shall send a copy of the notice of appeal to the Authority and shall also serve a copy thereof, together with copies of any documents attached thereto, upon the respondent within the same time as a notice of appeal is required under paragraph (1) to be served, and an affidavit verifying such service shall be delivered to the Permanent Secretary.

(4) Within seven days of the receipt of such affidavit, the Permanent Secretary may request the Authority to furnish a statement in writing setting out the reasons for the decisions complained of, and the Authority shall comply therewith as soon as practicable after the request is made.

(5) The Minister may order that any books, papers or other documents, relating to the subject matter of the appeal which are in the possession of either party shall be produced by the party in possession thereof.

IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

4. Review of action or decision of controller

(1) An application under section 30 of the Act shall -

(a) be in accordance with Form 1; and
(b) be made within 30 days after the notification to the applicant of the decision or action it is proposed should be reviewed.

(2) Where a Review Panel is convened for the purpose of advising the Minister on a matter to be reviewed, the Chairman of the Panel shall, in accordance with Form 2, cause details of the date, time and place at which the Panel will meet to consider the matter to be advised to the applicant.

(3) Where 2 or more applicants seek reviews on similar grounds in respect of matters concerning land in the same general locality, the Review Panel may consider the matters together.

Schedule - Form 1 - Application for review of decision or action - See Appendix I, page 311.

Form 2 - Notification of hearing of water resources review panel - See Appendix I, page 312.

V - UGANDA - Water Resources Regulations, 1998

9. Appeal

(1) A person who is dissatisfied or aggrieved by a decision of the Director in connection with the grant or renewal of a permit may, within one month from the date on which the Director's decision is communicated to him, appeal, in writing, to the Minister against the decision of the Director.

(2) The Minister shall, within twenty one days of receipt of the appeal, consider and determine the appeal or refer the appeal to the Committee.

(3) Where an appeal is referred to the Committee under subregulation (2) of this regulation, the Committee shall consider the appeal and make written recommendation to the Minister within one month from the day the matter is referred to it by the Minister.

(4) The Minister shall, after receiving the recommendations of the Committee, consider and determine the matter within seven days from the date of receipt of the recommendations.

(5) In the determination under subregulation (4) of this regulation, the Minister shall take into account the recommendations of the Committee.