III. GROUNDWATER DEVELOPMENT AND CONSERVATION

See also:

I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
II. PREVENTION AND CONTROL OF WATER POLLUTION

1. INTRODUCTION

1.1 Scope of the Chapter

Groundwater resources have always played a critical role in meeting the water demands of traditionally water-short areas of the world. There, sooner than elsewhere, governments have asserted themselves as guardians of the precious resource, and have restrained the indiscriminate excavation of boreholes and wells. This trend is taking hold elsewhere in the world, particularly as a result of groundwater's role as a source of high-quality water for priority uses, and as a result of the threat to such role from indiscriminate pumping and from pollution. As a result, the government tends everywhere to substitute itself for the landowner in the latter's traditional role of master of the waters lying under his land, and government-administered regulatory legislation tends to replace property-minded doctrines and court-administered tortious litigation between adjoining well owners as a legal frame of reference for managing groundwater resources.

In parallel to the increased role of the government, so has grown and expanded the concept of "management" of groundwaters. This now encompasses a range of discrete functions, from controlling borehole drilling and well construction activities to allocating available groundwaters to competing uses, and from protecting groundwater from sources of pollution to artificially recharging groundwater sources under stress and to using surface and underground water resources in a conjunctive manner. Some of these functions are akin, conceptually and in legislative and administrative practice, to the functions of managing water resources in general, whether these be surface or underground. The allocation of groundwater resources from productive wells to competing uses, for instance, falls in this category. So does protecting groundwater resources from pollution. In addition to these "undifferentiated" functions of groundwater management - undifferentiated, that is, with regard to the kind of water resource being managed - there are a number of discrete functions which are peculiar to the management of groundwater resources. These include the prospecting for groundwater, i.e. searching for groundwater to ascertain the occurrence and availability of the resource in suitable quantities and of suitable quality to justify its extraction; the exercise of the profession of well driller, in view of the special skills required; the artificial recharge of groundwater, which may be resorted to to supplement the natural recharging processes when these are under stress; and the conjunctive use of surface and groundwater resources, which may be resorted to to prioritize certain uses of high-quality groundwater at the expense of established entitlements. Of these management functions which are groundwater-specific, the first may be the source of confusion - both conceptually and in relevant legislation - inasmuch as the digging or drilling of boreholes and the construction of wells have the dual purpose of ascertaining the occurrence of groundwater and extracting it for exploitation and use. Since groundwater exploration and exploitation are frequently treated in an undifferentiated manner in the relevant legislation, the focus of this Chapter will be on the activity of digging or drilling boreholes and constructing wells for either exploration or exploitation purposes, or both.

In view of the potential for conflict amongst users of water in general inherent in the indiscriminate boring in search of or for the extraction of groundwater, controlling borehole digging or drilling and well construction and thus preventing conflict has come to be firmly established as a function of government. As a result, the alternative of leaving groundwater exploration and exploitation decisions to the individuals concerned, and of having the courts arbitrate conflicts through litigation has lost much ground - at least in the countries where groundwater resources play a significant role in the national water balance. In consideration of this generalized trend, and also in view of the far greater specificity of legislation regulating this particular function of government as opposed to legislation governing action in the courts in general, this Chapter focuses on the former, and on its implementing mechanisms in particular.

1.2 Legislative Approaches to Groundwater Management

Typically, government control of borehole digging or drilling and well construction is achieved through prior notification, permit or registration requirements. The target of these requirements can be the activity of digging, drilling or well construction, and the exercise of the profession of well-driller. Regulatory controls can be immediately operational, or become operational as and when the government determines. In this latter case, the government is typically vested with "stand-by" authority to introduce control mechanisms when the need for them arises. A variation of this approach is the selective application of control mechanisms in designated areas only as opposed to the entire country. In this particular case, a mechanism for the designation of groundwater "control" areas complements the mechanism for the control of well digging or drilling and restricts its application to any number of areas in the country, as the government determines. Permit and special area designation mechanisms are employed in the legislation also for artificial groundwater recharge and for coordinated use of surface and underground water resources. Groundwater pollution control approaches and mechanisms are presented in Chapter II on PREVENTION AND CONTROL OF WATER POLLUTION.

The policy decisions underlying the choice of approach to groundwater resources management are reflected in an Act of the Legislature dealing with water resources management in general, or with groundwater resources management in particular. Subsidiary legislation provides the procedural and substantive details of implementation which are presented in this Chapter.

2. PRIOR NOTIFICATION OF BOREHOLE DIGGING OR WELL DRILLING OPERATIONS

Prior notification to the government of one's intention to dig or drill a borehole or construct a well may be prescribed by principal legislation, with subsidiary legislation spelling out the operational details of implementation as to the manner and scope of notification.

I - KENYA - The Water Act, 2002

Fourth schedule - Abstraction of ground water

1. Application of this Schedule.

This Schedule shall apply to the extraction of ground water whether or not for a purpose or in circumstances which require a permit.

2. Notice of intention to construct well.

(1) No person shall construct or begin to construct a well without having first given to the Authority notice of his intention to do so and shall comply with such requirements as may be imposed by the Authority.

(2) Unless otherwise exempted, a person constructing a well shall keep a record of the progress of the work, which shall include -

(a) measurements of the strata passed through and specimens of such strata;
(b) measurements of the levels at which water was struck; and
(c) measurements of the quantity of water obtained at each level, the quantity finally obtained and the rest level of the water.

(3) A person to whom subparagraph (2) applies shall allow any person authorized by the Authority, at any reasonable time -

(a) to have free access to the well;
(b) to inspect the well and the material excavated from it;
(c) to take specimens of such material and of water abstracted from the well; and
(d) to inspect and take copies of or extracts from the record required to be kept under this paragraph.

(4) Where the person constructing a well on any land is not the occupier of the land, the obligation to allow any person authorized by the Authority to exercise his rights under this paragraph shall be the obligation of the occupier of the land as well as of the person constructing the well.

(5) The Authority may by notice, whether conditionally or subject to specified conditions, exempt any person, in such circumstances as may be specified in the notice, from the operation of subparagraphs (2) and (3).

II - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

5. Water investigation permit

(1) An application under section 36(1) of the Act for a permit to explore for water ("Water Investigation Permit") shall be in accordance with Form 3 and shall be lodged with the Controller. ...

Schedule - Form 3 - Application for a water investigation permit - See Appendix, page 364.

3. PERMITS TO DIG OR DRILL BOREHOLES AND TO CONSTRUCT WELLS

Boreholes can be dug or drilled and wells constructed and used (a) to search for groundwater, i.e. to ascertain the occurrence of groundwater in suitable quantities and of suitable quality to justify its extraction for use; and (b) to bring groundwater to the surface, i.e. to extract or abstract it, for use. Wells can also be constructed and used to dispose of waste: relevant legislation will be presented in this Chapter insofar as legislation on groundwater exploration and abstraction wells deals also with the use of wells for waste disposal purposes. Exploratory borings and groundwater abstraction wells can be treated in the legislation in an undifferentiated manner, subject to one set of rules resulting in one permit. Or, the exploration and abstraction ends of boring and drilling can be kept distinct and separate from extraction and be subjected to separate rules resulting in separate permits. Whenever possible, this differentiation of regimes, and procedural or substantive linkages between the two will be highlighted in this Chapter.

3.1 The Granting of Permits

Typically, the grant - or refusal - of a permit to carry out certain groundwater exploration and/or extraction activities is the resultant of a process structured in the legislation as a sequence of steps, patterned in the manner described in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, as follows:

Step One - Filing of an application

Activities for which an application needs to be filed

The scope of permit and companion application requirements is generally defined in principal legislation. Nevertheless, implementing legislation may clarify the import of policies or principles laid down in this regard in an Act of Legislature. This particular aspect of the permit process is of particular significance in connection with groundwater management in view of the quite different ends of borehole digging or drilling and well construction, and the resulting possibility for uncertainty and confusion as to the exact scope of coverage of permit requirements. Permit and attendant application requirements are fixed with combined reference to the type of well and the kind of activity contemplated (I, III and IV), or with reference to the intended use of groundwater or to the technique employed for the excavation - the digging or drilling or excavation of wells for the well-driller's or excavator's own "domestic" use, and the excavation of wells by hand, being generally exempted from permit requirements (II).

I - AUSTRALIA - WESTERN AUSTRALIA - Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations, 1963 4. Every person applying for a license for the commencement or construction of a well or for the enlargement, deepening or altering of, or the drawing of water from, an existing well, pursuant to the provisions of section 18 of the Act, shall make his application to the Minister- (a) in the case of an artesian well, in the form of Form 1^[26]; and (b) in the case of a non-artesian well, in the form of Form 2^[27]; in the schedule. II - PHILIPPINES - Water Rules and Regulations 42. Except for domestic use, no person shall drill any well for the extraction of ground water or make any alteration to any existing well without securing a permit from the Council. For this purpose, only wells with casings not exceeding 75 millimetres in diameter may be allowed for domestic use. III - CANADA - ALBERTA - Water (Ministerial) Regulations n. 205/98 35. Duty to comply (1) No person shall site, locate, drill, construct, cover, reclaim, service, monitor, deepen, operate, complete, equip, disinfect, recondition, test or maintain a water well or cause a water well to be sited, located, drilled, constructed, covered, reclaimed, serviced, monitored, deepened, operated, completed, equipped, disinfected, reconditioned, tested or maintained except in accordance with this Regulation. 36. Class of approval required The class of approval that is required in respect of an activity described in Column 2 of Schedule 5 is the class of approval shown in Column 1 of Schedule 5 opposite that activity. Schedule 5 - Class of approval for water wells
Class of Approval	Description of Activity
Class A	Drilling of water wells for the diversion and use of groundwater, includes all work described under Classes B, C, D and E.
Class B	Drilling, by means of digging, of water wells for the diversion and use of groundwater.
Class C	Drilling of water wells for the purpose of obtaining groundwater data or for special groundwater investigations not related to Class A or B.
Class D	Reconditioning of water wells.
Class E	Drilling of water wells to a depth of not less than 450 metres to obtain saline groundwater.
IV - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 7. Individuals, groups, companies, institutions, or private or public entities who whish to construct, develop, modify, or maintain a water well or install a pump, or carry out a yield test on a water well must apply to the Authorised Ministry for a Well Permit. 8. The requested Well Permit referred to in Article (7) may be for one or more of the following activities: - Construction of a new well. - Modification of an existing well either by deepening or by increasing the diameter. - Cleaning, maintenance or repair of an existing well, not involving any increase in depth or diameter of the well. - Replacement of an existing well by a new well. - Change in the use of the well from the existing use. - Installation of a pump in borehole by a rig.

Pre-requisites to the filing of applications

The profile of prospective applicants may be qualified - generally by principal legislation - notably by reference to ownership or possession of, or access to, the land on which boring is to be carried out. Subsidiary legislation provides the implementing specifics generally as a matter of documentary evidence required in support of applications (see Supporting documents below). However, substantive pre-requisites can be found in subordinate legislation, as in the examples given below, notably with respect to the professional skills of the permit seeker (II, III and IV).

I - 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.

II - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

5. The Minister may issue a well contractor’s permit to a person who

(a) holds a well driller’s permit or employs a well driller on a full time basis,
(b) applies to the Minister in a form provided by the Minister, and
(c) pays a fee of three hundred dollars.

III - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

9. The permits will be granted only to applicants having legal ownership of the well site or having clear approval from the Ministry of Housing if the site is beside the land owned by them. Exemption from this rule may be granted to:

- Government projects which require a temporary nearby water supply in order to complete the work.

- Government or public authorities requiring emergency or temporary water supplies.

- Wells constructed solely for exploratory or monitoring work.

- Wells constructed in the furtherance of petroleum exploration.

13. The activities referred to in Article (8)^[28] shall only be implemented by a Contractor registered^[29] at the Authorised Ministry. The Ministry may allow an individual or group of individuals to carry out the activities of Article (8) by themselves in which case they must submit the exemption application with the well permit application.

IV - CANADA - ALBERTA - Water (Ministerial) Regulations n. 205/98

37. Requirements for a Class A approval

(1) The Director may issue a Class A approval to an applicant who

(a) is a certified journeyman driller,
(b) employs a certified journeyman driller, or
(c) is a qualified driller.

(2) An applicant for an approval who employs a certified journeyman driller must disclose the name of that certified journeyman driller in the application.

(3) A Class A approval holder shall not allow any person to operate a drilling machine unless,

(a) in the case of an approval issued to a person under subsection (1)(a) or (b), that person is

(i) a certified journeyman driller,

(ii) enrolled in an apprenticeship program for the designated trade of water well driller under the Apprenticeship and Industry Training Act and is directly supervised by a certified journeyman driller at least once a day, or

(iii) under the direct and continuous supervision of a certified journeyman driller at the drilling site, or
(b) in the case of an approval issued to a person under subsection (1)(c), that person is the qualified driller to whom the approval was issued or a certified journeyman driller who is employed by that person.

Format of applications

The format of applications tends to be standardized in "Forms" appended to subsidiary legislation for the convenience of prospective applicants. Practice in the design of application Forms varies considerably, as these range from one format of varying complexity covering all occurrences (II and III) to separate formats in respect of different kinds of operations (I).

I - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

7. Bore construction permit

(1) An application under section 57(1) of the Act for a permit to carry out an operation referred to in section 56(1) ("Bore Construction Permit") shall be in accordance with Form 9 and shall be lodged with the Controller. ...

9. Licence to take ground water

(1) An application under section 60 of the Act for a licence to take water from a bore ("Licence to Take Ground Water") shall be in accordance with Form 14 and shall be lodged with the Controller. ...

Schedule - Form 9 - Application for a bore construction permit - See Appendix III, page 365.

Form 14 - Application for a licence to take groundwater - See Appendix III, page 367.

II - JAMAICA - Water resources regulations, 1995

18. Consent for well-drilling

(1) An application for the consent of the Authority required under section 34 of the Act to sink, enlarge or otherwise alter a well

(a) shall be made to the Authority in the form set out as Form C in the Schedule; and

(b) shall be accompanied by such maps, documents or information as the Authority may require and by the relevant fee. ...

Schedule - Form C - Application for consent of Authority to well-drilling - See Appendix III, 369.

III - UGANDA - Water Resources Regulations, 1998

16. Construction permit

... (2) A person who wishes to engage a driller under sub-regulation (1) to construct a borehole on his or her land for the purpose of,

(a) using water;

(b) re-charging an aquifer; or

(c) fitting a motorised pump to a borehole; may apply to the Director for a construction permit in Form F1 of the Sixth Schedule. ...

17. Classification of boreholes, etc.

The Director may, by notice published in the Gazette, declare any class of boreholes or class of works to be a class to which the provisions of sub-regulation (2) or (3) of regulation 16 does not apply.

Sixth schedule - Form F1 - See Appendix III, page 370.

Supporting documents

Documentary evidence in support of the application may be required to assist the decisionmakers in appraising a proposed boring and extraction project. Relevant requirements may feature in the standard Forms provided for the filing of applications (see the example given in the preceding paragraph) or may be separately provided for as in the examples below.

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:

... (2) Location Plan of Area showing:

... 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:

... (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:

... (4) When the application involves the use of groundwater, the location and spacing of drilling well sites determined graphically by latitude and longitude should be indicated in the location plan;

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

A. For Well Drilling - Except when manual well drilling will be employed, all applications involving extraction of ground water shall include the name of a duly licensed well-driller who will undertake the drilling. Except for manual well drilling, no person shall engage in the business of drilling wells for the purpose of extracting ground water without first registering as a well driller with the Council....

Payment of filing fees

Payment of filing fees is customarily required to help defray the administrative costs of processing applications, as in the examples herebelow.

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

6.... (2) Every such application shall be accompanied by the fee prescribed in Schedule 2^[30] to these regulations to cover the cost of the necessary processing, and the Authority shall not entertain any application until payment of the prescribed fee has been effected.

II - UGANDA - Water Resources Regulations, 1998

16. Construction permit

... (4) An application referred to under subregulation (1), (2) or (3) shall be accompanied by the appropriate application fee specified in the Second Schedule to these regulations.

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

Other procedural requirements

Subsidiary legislation may concern itself with applications in connection with multiple-point extraction from one groundwater source (I) and with the relationship between crop water requirements and the number of permissible wells (II).

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

6.... (3) Unless, in the opinion of the Authority, special circumstances warrant otherwise, a separate application shall be filed in respect to each point of abstraction for which a licence is sought.

II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations.

14. The following procedure shall be followed by any farmer whose land exceeds an area of 25 donums (2.5 hectares):

A- A list shall be submitted of the crops to be grown and of the areas assigned to each type of crop, in addition to the working hours to be devoted to supervise the farm.

B- The Agricultural Department of the Ministry shall assess the water requirements of the farmers.

C- The Water Resources Development Department shall determine the number of well s required, together with their specifications and their locations.

Farms with areas less than 25 donums shall be exempted from the above.

Step Two - Review of applications

In response to the same concerns which underlie the legislation on this particular Step of the permit-granting process which has been presented in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, subsidiary groundwater management legislation evidences a fairly consistent practice of requiring the responsible government department or agency to elicit the views of the public and, in particular, of users of nearby surface or groundwater sources who may be affected by a proposed digging, drilling or pumping project. As shown in the examples given, relevant requirements are cast as described in Chapter I above-mentioned. Formal Environmental Impact Assessment requirements may be mandated by separate environment protection legislation, in which case groundwater resources management regulations will ordinarily defer to it. Field investigations may also be required to determine whether the works and structures proposed are adequate; whether the applicant could use effectively the facilities applied for, and whether the proposed digging or drilling will adversely affect other water users in the area or other property or environmental interests (I and IV).

I - PHILIPPINES - Water Rules and Regulations

10. A. The application to appropriate ground water shall be processed for adherence to requirements and shall be investigated in the field to determine any adverse effect to public or private interest. Protests on the application shall be governed by Section 9-B hereof^[31]. If the application meets the requirements and has been found not prejudicial to public or private interest it shall be transmitted, following the requirements of Section 9 hereof^[32], to the Regional Director of the Ministry of Public Works who is hereby authorized to issue the permit to drill which shall be subject to the following conditions:...

II - CAYMAN ISLANDS - Water Authority Regulations, 1985

6.... (4) An application for an abstraction licence shall be accompanied by appropriate evidence, to the satisfaction of the Authority, that a notice setting out the particulars of the application has been prepared by the applicant, in, or substantially, in the form set out in Schedule 1 to these regulations, and that the said notice has been published in one local newspaper on one occasion.

Provided that:

(a) where the proposed abstraction forms part of a general development scheme notice whereof has been advertised in pursuance of regulation 7 of the Development and Planning Regulations, 1977, publication of a notice in pursuance of this sub-section shall not be required, and the applicant shall submit to the Authority with his application a copy of the advertisement made; and

(b) where more than one application is filed by one applicant in respect of abstraction points situated in one and the same area, publication of one cumulative notice in one newspaper on one occasion will satisfy the requirements of this sub-section.

7.... (2) The Authority may decline to consider any objection to, or representation on, an application for a water abstraction licence, if such objection or representation reaches the Authority 14 days after the relevant date. In this regulation the expression "relevant date" means the date on which the notice of the application was published in a newspaper in pursuance of sub-section 6(4).

(3) The Authority shall cause to be served upon the applicant for a water abstraction licence a copy of every objection or representation received by them within the period specified in sub-section (2) of this regulation, and a copy of any other objection which they intend to take into consideration....

Schedule 1 - Notice of Application for a Licence to Abstract Groundwater - See Appendix III, page 372.

III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

5. Water investigation permit

(1) An application ... for a permit to explore for water ("Water Investigation Permit") ... shall be lodged with the Controller.

(2) The Controller may publish in a newspaper circulating in the locality of the land to which the application relates a notice, in accordance with Form 4, 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 in the vicinity of the land to which the application relates which, in the Controller's opinion, may in any way be affected as the result of the granting of the proposed Permit.

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

Schedule - Form 4 - Notice of application - See Appendix I, page 372.

IV - UGANDA - Water Resources Regulations, 1998

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

(1) The Director or a person authorised, in writing, by the Director may,

(a) enter and inspect any land or equipment, in connection with the application;

(b) require an applicant to provide such further information as is considered appropriate;

(c) require an applicant, at his or her cost, to give public notice of the application in such manner as the Director may specify;

(d) require the applicant to invite submissions on the application, in the notice given under paragraph (c) of this subregulation within a specified period. ...

Step Three - Deciding on applications

Decisions as to whether to grant or refuse a permit, or to grant it subject to terms and conditions departing from the applicant's requirements, are typically left to the discretion of the responsible government decisionmaker. Whilst the law cannot prescribe specific decisions, it can nonetheless orientate decisionmaking by prescribing "criteria" for the guidance of decisionmakers in weighing the various factors involved, including, in particular, a priority list when deciding among competing requests (II).

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

7.... (4) Without prejudice to the provisions of section 15 of the Law, in dealing with an application for a water abstraction licence the Authority shall have regard to:

(a) any objections or representations in writing relating to the application;

(b) the requirements of the applicant, in so far as they appear to the Authority to be reasonable requirements; and

(c) the requirements of existing lawful uses of water abstracted from the ground water resource to which the application relates....

II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations.

11. Permits for drilling and for agricultural water use shall be issued according to the following priorities:

A- Old farms according to the dates of their rehabilitation on a first-come first-serve basis.

B- Lands distributed according to the lands regulations, on a first-come first-serve basis.

C- Lands granted under Royal Decrees on a first-come first-serve basis.

In all cases the highest priority shall be given to those lands on which irrigation technology approved by the Ministry will be used, which is aimed at preserving water resources.

12. In case the priorities stated in Article 11 above are equal, the higher priority will be given to those water users who are involved in agricultural and livestock production with a government subsidy in order to help achieve the Kingdom's food self-sufficiency.

III - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

10. The Authorised Ministry shall review the applications for Well Permits and may issue a Well Permit or may request additional information about the water use, water requirement, site location, or may require a change in the location of the well, or may refuse a Well Permit based on the water resources conditions in the area or proximity of aflaj to the well site, or may approve the modification of an existing well instead of permitting a new well. ...

Step Four - Recording of decisions and permits

The recording of successful applications and of permits granted as a result may be required as a matter of law for the government's future reference and for the information of the general public (II). In implementation of such requirements, the formation and upkeep by the government water administration of records - styled "registers"- of permits, and of action taken on them after their grant (see in this regard sub-chapter 3.4 below) may be mandated by law, with subsidiary legislation providing the details of formation and contents of, and access to, the prescribed registers (III). The reasons for decisions made on applications may be separately required to be given in writing, also in aid of an unsuccessful applicant who contemplated appealing from an adverse decision (see in this particular regard Step Five below) (I).

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

7.... (6) The Authority shall notify in writing the applicant of their decision and, where they decide to grant a licence subject to conditions or departing in a material respect from the proposals made in the application, or to refuse a licence, they shall state their reasons in writing....

II - CAYMAN ISLANDS - Water Authority Regulations, 1985

7.... (8) Upon the granting of a licence to abstract ground water other than a licence of right, the Authority shall cause an entry to be made to that effect in the General Register of Ground Water Abstraction Licences.

III - CAYMAN ISLANDS - Water Authority Regulations, 1985

12. (1) The Authority shall keep, in such manner as they deem fit a General Register of Groundwater Abstraction Licences containing a copy of all licences granted in pursuance of the Law, and information concerning any action taken by the Authority in relation to such licences after the grant thereof.

(2) The General Register of Groundwater Abstraction Licences shall be available for inspection by the public at all reasonable hours at the offices of the Authority. Certified and uncertified extracts from the Register shall be obtainable on payment of the fee prescribed in Schedule 2 to these regulations^[33].

Step Five - Appealing from adverse decisions

It is fairly consistent practice reflected in water resources legislation to provide for administrative or judicial review of decisions made on applications for groundwater exploration or exploitation. The review process - administered by a judge through court proceedings or by a government administrator ranking higher in the hierarchical ladder to the one who took the decision impugned - constitutes an appeal. Subsidiary legislation may restate, or clarify the import of, general principles in regard to groundwater exploration or exploitation decisions, and provide specific procedural and substantive rules governing the appeal process.

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

39. (1) Appeals to the Magistrate's Court in accordance with section 48 of the Law shall be made within fourteen days of the Authority's notice being served in accordance with section 62 of the Law.

(2) An appeal notice shall be lodged at the Magistrate's Court, and shall be copied to the Authority not later than four days after it has been lodged at the Magistrate's Court.

(3) Upon receipt of an appeal notice in pursuance of section 48 of the Law, the Magistrate's Court shall send to the appellant an acknowledgement in writing, including a statement that the appellant may, if he so wishes, appear in person, or in the person of a duly appointed representative, before the officer and on the date indicated in the acknowledgement.

II - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

10. ... The concerned applicant may appeal to the Authorised Minister against the Ministry decision within one month from its issuance. The decision of the Authorised Minister is final.

III - UGANDA - Water Resources Regulations, 1998

20. Appeal to the Minister

(1) A person whose application is rejected by the Director under subregulation (3) of regulation 18 may appeal to the Minister.

(2) The Minister shall, within twenty one days of receipt of notice of appeal under subregulation (1) of this regulation consider and determine the matter or refer the matter to the Committee.

(3) Where the Minister refers the matter to the Committee, the Committee shall make its recommendation to the Minister within one month of receipt of the matter from the Minister, and the Minister shall dispose of the matter within seven days of receipt of the Committee's recommendation.

3.2 Format of Permits

A favourable decision on a proposed borehole digging or drilling or well construction activity results in a legal instrument variably styled permit, licence or authorization - which terms can, for practical purposes, be regarded as synonyms and be collectively referred to as "permits". A permit is the instrument of the grant, and at the same time constitutes evidence of a right to carry out borehole diggings or drillings and construction of wells for groundwater exploration or extraction purposes. Standard formats of such instruments are frequently provided as "forms" in subsidiary legislation for the convenience of the government water administrators, separate forms being generally provided in respect of drilling, bore construction, and groundwater extraction (IV - VII). Permits spell out the terms and conditions subject to which the rights which accrue under the permit are to be exercised. The framing of such terms and conditions is typically left to the discretion of the government water administration (I - III, VI and VII). Subsidiary legislation, however, may provide for checklists of items for the permit-framers' consideration (I), or for standard clauses which can be either prescribed directly by the legislation for express or implied incorporation in the permit (II and III), or be crystallized in the permit Forms (V).

I - PHILIPPINES - Water Rules and Regulations

10. A. The application to appropriate ground water shall be processed for adherence to requirements and shall be investigated in the field to determine any adverse effect to public or private interest. Protests on the application shall be governed by Section 9-B hereof^[34]. If the application meets the requirements and has been found not prejudicial to public or private interest it shall be transmitted, following the requirements of Section 9 hereof^[35], to the Regional Director of the Ministry of Public Works who is hereby authorized to issue the permit to drill which shall be subject to the following conditions:

(1) Drilling operations shall be in accordance with the rules provided herein;

(2) The rate of water withdrawal to be approved shall be determined after pumping testes and shall in no case exceed the rate stated in the application;

(3) A permit to drill shall remain valid for six (6) months, unless a longer period is allowed by the Council for reasonable grounds; and

(4) The permit to drill shall be regarded as a temporary permit, and the regular permit shall be issued after the rate of water withdrawal has been determined....

II - 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:

... (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 works 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.

(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.

III - CAYMAN ISLANDS - Water Authority Regulations, 1985

8. A licence to abstract groundwater, other than a licence of right, shall be valid for one year from the date of the grant, and may be renewed in accordance with the provisions of regulation 5 of these regulations.

IV - CAYMAN ISLANDS - Water Authority Regulations, 1985

Schedule 1 - Groundwater Abstraction Licence - See Appendix III, page 373.

V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

Schedule - Form 5 - Water investigation permit - See Appendix III, page 373.

Schedule - Form 10 - Bore construction permit - See Appendix III, page 375.

Schedule - Form 15 - Licence to take groundwater - See Appendix III, page 375.

VI - JAMAICA - Water resources regulations, 1995

18. Consent for well-drilling

... (2) The Authority may grant its consent subject to such conditions as it thinks fit or withhold its consent and where the consent is granted, it shall be in the form set out as Form D in the Schedule. ...

Schedule - Form D - Consent of the Water Resources Authority to well-drilling - See Appendix III, page 376.

VII - UGANDA - Water Resources Regulations, 1998

19. Grant of permit etc.

(1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a ... construction permit^[36] for a period of one year.

(2) The permit referred to under subregulation (1) of this regulation shall in Form ... F3 as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify. ...

Sixth schedule - Form 3 - Construction permit - See Appendix III, page 377.

3.3 General Obligations of Permit Holders

In addition to the terms and conditions spelt out in the permit, permit holders may be subject to obligations of general import, regardless of their being recorded in the permit. Such obligations as are laid down in subsidiary legislation typically cover the conduct of digging or drilling operations, and concern such matters as the filing of regular returns and of information and data (I, V - IX, and XI), the carrying out of prescribed tests (XII), the provision of notices as prescribed (III and V), and specifications as to the construction and siting of wells (II and V) and as to deadlines for completion of operations under a permit (IV) or for returning a completion report (VII). Subsidiary legislation may also prescribe measures to avoid the contamination of groundwater with salty or polluted water or from defective wells, to prevent waste of groundwater and, in general, to protect groundwater resources (IX). Furthermore, the permit holder may be required to make a guarantee deposit to ensure compliance with the terms and conditions stated in the permit (VIII and X).

I - PHILIPPINES - Water Rules and Regulations 10.... B. Result of Drilling Operations - A report on the result of the drilling operations shall be submitted to the investigating office within the 6-month period stated in the preceding section. The report shall include a description of each drilling site, the drilling log, the yield of the well and the assessment of data obtained. 15.... In addition, in cases of appropriation of ground water the permittee shall inform the Council as to the depth and diameter of the well, the drilling log, the specifications and location of a casings, cementing, screens and perforations, and the results of tests of capacity, flow, drawdown, and shut-in pressure. II - PHILIPPINES - Water Rules and Regulations 43. Drilling of deep wells for the extraction of ground water shall conform with the following requirements: (a) The well shall be so designed and constructed that it will seal off contaminated water-bearing formations or formations which have undesirable characteristics; (b) There shall be no unsealed openings around the well which may conduct surface water or contaminated or undesirable ground water vertically to the intake portion of the well; (c) All parts of a permanent well shall be of durable materials; (d) Wells constructed in a sand or gravel aquifer shall be provided with a water-tight casing to a depth of 1.5 meters or more below the lowest expected pumping level, provided that where the pumping level is less than ten (10) meters from the surface, the casing shall extend three (3) meters below the lowest pumping level; (e) Casings of wells constructed in sandstone aquifers where the overburden consists of unconsolidated materials shall be grouted to a minimum depth of ten (10) meters, provided, that should there be an additional overlying formation of creviced or fractured rock, the casing shall be grouted to its full depth; (f) Casings of wells constructed in limestone, granite or quartzite where the overburden consists of drift materials shall be extended to a depth of at least fifteen (15) meters, and firmly seated in rock formation, provided, that where the overburden is less than fifteen (15) meters, the casing shall be extended three (3) meters into uncreviced rock, provided, finally, that in no case shall the casing be less than 15 meters; (g) Wells for domestic and municipal water supply shall be constructed in accordance with sound public health engineering practice; (h) The extent of pumping and extraction of ground water shall take into consideration the possibility of salt water intrusion, land subsidence and mining of ground water; (i) Unless otherwise allowed by the Council, an abandoned well shall be properly plugged or sealed to prevent pollution of ground water, to conserve aquifer yield and artesian head, and to prevent poor quality water from one aquifer entering another; (j) Free-flowing wells shall be provided with control valves or other similar devices to control ad regulate the flow of water from such wells for conservation purposes; (k) Well sites shall be provided with drainage facilities for the proper disposal/conveyance of surface water flow from the site; (l) In general, spacing requirements except for wells less than 30 meters deep, shall be in accordance with the table below:
RATE OF WITHDRAWAL IN LITRES PER SECOND	MINIMUM DISTANCE BETWEEN WELLS IN METERS
2 - 10	200
More than 10 - 20	400
More than 20 - 40	600
More than 40	1000
The Council may increase or decrease the above spacing requirements under any of the following circumstances: (a) for low-income housing development projects where home lot size will limit available spacing between homeowners' wells; (b) where the geologic formation may warrant closer or farther spacing between wells; and (c) where assessment of pumping test records on yields, drawdown, circle of influence, seasonal fluctuations in water table and other technical data on ground water wells, drilling and operation indicate possible closer or farther spacing between wells. In modifying the spacing requirements the following criteria shall be applied: (a) No new well shall cause more than 2 meters of additional drawdown to any existing well; (b) If the rate of withdrawal applied for a well will cause additional drawdown of more than 2 meters to any existing well the rate of withdrawal applied for shall be reduced to satisfy the drawdown limit. (c) The Council shall prescribe the maximum pump size and horsepower in the water permit so that the rate of withdrawal shall not exceed that authorized; (d) Groundwater mining may be allowed provided that the life of the groundwater reservoir system is maintained for at least 50 years. III - CAYMAN ISLANDS - Water Authority Regulations, 1985 9. (1) Where, in pursuance of section 14 of the Law, a ground water abstraction licence is granted subject to construction, enlargement, or alteration of works, the holder of such a licence shall notify the Authority in writing of his intention to commence the said works at least seven days prior to the intended commencement date, such a date being consistent with the period assigned in the licence for the completion of the authorized works.... IV - CAYMAN ISLANDS - Water Authority Regulations, 1985 9.... (2) If, after commencement of the authorized works, the licence holder anticipates that he will be unable to complete the works within the period assigned to him in the licence, or upon the expiration of the assigned period without the authorised works having been completed as directed in the licence, the holder of the licence may apply in writing to the Authority for the grant of an extension of the assigned period, whereupon the Authority will exercise the powers conferred on them by sub-section (1) of section 14 of the Law. (3) If the holder of such a licence is unable to complete the authorised works within such extended period as may have been granted by the Authority in pursuance of the last preceding sub-section, he may apply to the Authority for a second - and last - extension in pursuance of sub-section (1) of section 14 of the Law. Failure by the holder of a licence to complete the authorised works within the period so extended may result in the termination of the licence in pursuance of sub-paragraph (a) of sub-section (1) of section 21 of the Law. V - CANADA - ALBERTA - Water (Ministerial) Regulations N. 205/98 Part 7 - Water Wells 38. Notification of change in information An approval holder must notify the Director (a) within 10 days after any change to any information provided in an application for an approval if the information relates to the eligibility of the approval holder, and (b) within 60 days after any other change in any information provided in an application for an approval. 39. Plates for approval holder (1) The Director must provide an approval holder with one plate for each drilling machine owned and operated by the approval holder. (2) No person shall use or permit the use of a drilling machine unless the plate is prominently displayed on the drilling machine. (3) No approval holder shall transfer a plate to any other person. (4) If an approval holder sells, transfers or otherwise disposes of a drilling machine or retires the machine from use, the approval holder must immediately return the plate to the Director. ... 41. Drilling report (1) Within 60 days after the completion of a water well, the approval holder must ensure (a) that a drilling report is completed in a form acceptable to and containing the information required by the Director, and (b) that a copy of the drilling report is provided to the Director and the owner of the water well. (2) A person who drills a water well for which an approval is not required under this Regulation must, within 60 days after completion of the water well, (a) complete a drilling report in a form acceptable to and containing the information required by the Director, and (b) provide a copy of the drilling report to the Director. (3) A person required to complete a drilling report under this section must keep a copy of it for at least 5 years after it is completed. 42. Records during drilling During the drilling of a water well, the driller must (a) maintain a current record of the construction and testing of the water well, including a lithologic log, and (b) have the record available for inspection. 43. Reporting saline groundwater or gas (1) If saline groundwater is encountered in drilling a water well, the driller must (a) notify the owner of the water well that saline groundwater has been encountered, and (b) ensure that the saline groundwater is sealed off to prevent it from mixing with any other water that is not saline groundwater. (2) If gas is encountered in drilling a water well, the driller must (a) notify the owner of the water well that the gas has been encountered, (b) subject to subsection (3), notify the Director within 24 hours after encountering the gas, and (c) subject to subsection (3), ensure that the gas is immediately sealed off to prevent an adverse effect on the environment, human health, property and public safety. (3) Subsection (2)(b) and (c) only apply when gas is encountered in a quantity that would prevent the safe drilling or operation of the water well. (4) If saline groundwater or gas is encountered in the drilling of a water well, the driller must, in the drilling report, report to the Director the remedial steps taken. 44. Water well site specifications (1) The driller and the owner of a water well must locate the water well site so that (a) the water well is accessible for cleaning, treatment, repair, testing, maintenance and inspection, (b) the area immediately surrounding the water well may be kept in a sanitary condition, (c) surface water does not collect or form a pond in the vicinity of the water well, and (d) the water well is at least 3.25 metres away from the nearest building. (2) No person shall locate a water well in a pit. ... VI - JAMAICA - Water resources regulations, 1995 27. Information as to underground water (1) Any person who, pursuant to a licence granted under this Act to abstract and use water, is authorized Ito sink a well and to abstract underground water or who, in pursuance of the provisions of section 19 (2), intends Ito sink a well and to abstract underground water shall, upon the commencement of such work, keep a journal of the progress of the work which shall include measurements of the strata passed through and of the levels art which water is struck and subsequently rests and shall, when so required by the Authority, keep specimens of, the material excavated from the well, and shall allow any person authorized in writing by the Authority for the purpose at all reasonable times (a) to have free access to any such well; (b) to inspect the well and the material excavated therefrom; (c) to take specimens of such material and of water abstracted from the well; and (d) to inspect and take copies of or extracts from the journal required to be kept under this subsection. (2) The person sinking any such well shall, within thirty days after completion or abandonment of the work, send a complete copy of the journal kept under subsection (1) to the Authority and shall also send to the Authority particulars of any test made of the flow of water before such completion or abandonment, specifying the rate of flow throughout the test and the duration of the test and also, where practicable, specifying the water levels during the test and thereafter until the water has returned to its natural level. (3) Where any such well is sunk in connection with an existing pumping station, the particulars of any test to be supplied to the Authority shall also include the rate of pumping at the existing works during the test. (4) Where the person sinking a well on any land is not the occupier of the land, the obligation to allow a person authorized by the Authority to exercise the rights specified in sub-paragraphs (a) to (d) of paragraph (1) shall be the obligation of the occupier as well as of the person sinking the well. (5) The Authority may waive any or all the requirements prescribed in paragraphs (1) to (3) in respect of the sinking of any well for purposes of abstracting underground water - (a) if such well does not reach a depth of fifty feet; or (b) where the Authority is satisfied that in all the circumstances, compliance with any requirements of those paragraphs is impracticable or undue expense would be thereby incurred. VII - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations. 1.... H- Drilling contractor: means any person or entity engaged in the practice of water-well drilling to abstract groundwater, either for himself or for others, solely or in cooperation with others, by hiring them or by joining them, to achieve the above-mentioned objective.... J- Drilling license: is an authorization issued by the Ministry to any drilling contractor permitting him to practice his business according to conditions set forth by the Ministry. K- Drilling permit: is a permit issued by the Ministry to a landowner, or his agent, to drill or have drilled, or to deepen, or to develop, or to fill, or to change the specifications of, a water well.... II- Registration & Licenses 8. The drilling contractor shall provide the concerned Ministry's Branch Office with a drilling completion report, on a form prepared by the Ministry, within fifteen (15) days of completion. He is required to report to the Ministry's Branch Office the locations and movements of his drilling rigs. After completing the drilling of the well and finishing the completion report, the contractor shall submit a copy of that report to the Ministry, together with borehole soil samples taken every three metres, as well as water samples and a work progress report. III - Drilling Contracts 9. The drilling contractor shall conclude written contract agreements with water well owners, or with their authorized representatives, and such contracts shall be duly signed by both contracting parties, or their representatives, before the commencement of any work. Such contracts must follow the contract form prepared by the Ministry [see attached form]. They will be in accordance with instructions issued by the Ministry regarding the methods of drilling, the diameters, the suitability of materials, and the lengths of the casings. The permit issued by the department of water preservation shall be considered as a general regulation controlling the relations between the contractor and the owner and it shall be signed by the contractor, the owner and the supervisor. The owner shall be firmly advised, when given such a permit, to enter into a water well drilling contract with the contractor and to provide the department of water preservation with a copy therefore to be held as reference in case of a dispute. 10. The technical specifications stated in the drilling permit issued by the Ministry are deemed to be an integral part of any contract made between the owner and the drilling contractor, even if they are not specifically mentioned in the contract. Schedule - Agreement between well contractor and land owner - See Appendix III, page 378. VIII - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits 11. An applicant issued with a Well Permit for any of the activities mentioned in Article (8) of this regulation shall deposit with the Authorised Ministry a guarantee of R.O. 100 for a dug well or R.O. 200 for a borehole. 12. The Well Permit is valid only for one well and for the specific site and purpose specified in the Well Permit. The Well Permit is valid for a period of six months from the date of issue. 15. When stipulated in the Well Permit, a Permit holder shall purchase and install a Flow Meter on his well to measure the quantity of water discharged. Alternatively, the Authorised Ministry may purchase and install a Flow Meter on the well. The Permit holder shall preserve the Flow Meter in good working order. 16. On completion of any work mentioned in Article (8) of this regulation, the Permit holder shall register his well at the Authorised Ministry and provide the required information within an utmost period of 15 days from the date of work completion, When the Authorised Ministry is satisfied that the conditions in the permit have been complied with and that complete and correct information has been supplied, the Ministry shall refund the Permit holder's deposit and issue a Well Registration Certificate and Well Registration Plate. IX - KENYA - The Water Act, 2002 Fourth schedule - Abstraction of ground water 3. Submission of records. A person constructing a well, if required to keep records under this Part, shall, within one month of the cessation of the construction, send to the Authority - (a) a complete copy of the record, together with the specimens referred to in the record; and (b) particulars of any test made, before such cessation of the construction, of the yield of water, specifying (i) the rate of flow throughout the test and the duration of the test; and (ii) where practicable, the water levels during the test and thereafter until the water has returned to its natural level; and (c) a statement of whether, in his Opinion (as determined by tasting) the water is suitable for drinking or is highly mineralized, as the case may be; and (d) if required by the Authority, such water samples as it may consider necessary. 4. Tests on neighbouring wells. (1) Where any well is being constructed within eight hundred metres of an existing well, the Authority may by notice require the person constructing the well to apply tests, to be specified in the notice, to the existing well and to supply to the Authority the particulars of the results of such tests including the rate of pumping and rest levels of water. (2) Where the well to which the tests are to be applied is situated on the property of a person other than the person constructing the well and the person constructing the well is unable for any reason to apply the test, the Authority may, by notice, require the person upon whose property the existing well is situate to apply the tests to be specified in the notice to him, and to supply to the Authority the particulars of the results of such tests. 6. Records may be required to be treated as confidential. A person constructing a wel1 or the owner or occupier of the land on which construction takes place may give notice to the Authority requesting that - (a) any copy of, or extract from, the record required to be kept under this Act; or (b) any specimen taken or any other particulars connected with the well, be treated confidentially. (2) In response to such a notice, the Authority shall, if sufficient cause has been shown, thereupon not allow such copy, extract, specimen or other particulars, except in so far as it contains or affords information as to water resources or supplies, to be published or shown to any person other than a member of the Authority without the consent of the person giving the notice: Provided that, if at any time the Authority gives notice to the person that, in its opinion, his consent is unreasonably withheld (i) the person may, within three months after the notice given by the Authority, appeal to the Water Appeal Board; and (ii) if, at the expiration of that period, no such appeal has been made or, after hearing the appeal, the Water Appeal Board does not make an order restraining it from doing so, the Authority may proceed as if such consent had been given. 7. Waste of ground water. (1) No person shall, except with the written permission of the Authority (a) cause any ground water to run to waste from any well, except for,he purpose of testing the extent or quality of the supply or cleaning, sterilizing, examining or repairing the well; (b) abstract from any well water in excess of his reasonable requirements and which he cannot use in a reasonable and beneficial manner; (c) conduct the water from any well through any channel or conduit so that more than twenty per cent of the water is' lost between the point of appropriation and the point of beneficial use: Provided that, where the water from any well is conducted through channels or conduits together with water from other sources, no person shall permit the waste of more than twenty per cent of the water in conducting the water from the point of appropriation of the well water to the point of beneficial use; (d) use any water from any well for the purpose of domestic use or the watering of stock, except where such water is carried through pipes fitted with float valves or other satisfactory means of control, to prevent waste: Provided that, where ground water interferes or threatens to interfere with the execution or operation of underground works, whether water works or not, the Authority may, in any particular case, by notice permit such water to waste upon such conditions, regarding quantity and method of disposal, as the notice may specify. 8. Defective wells. (1) Any well which encounters salt water, in this Part referred to as a "defective well", shall be securely cased, plugged or sealed off by the owner of the well, so that the salt water is confined to the strata in which it was found, and such casing, plugging or sealing shall be done in such a manner as effectively to prevent the salt water from escaping from the strata in which it was found into any other water-bearing strata or on to the surface of the ground. (2) This paragraph shall apply to wells constructed before or after the commencement of this paragraph. 9. Interference with defective well. Any person who re-cases or removes the plugs or seals from a defective well, or deposits, or causes or knowingly permits the deposit of, any dirt, rubbish or other material in any such well, except with the written permission of the Authority, shall be guilty of an offence. 10. Application to carry out work on a defective well. (1) Before any defective well is re-cased or the plugs or removed, the owner of the well, or his duly authorized representative, shall file with the Authority an application for permission to carry out such re-casing or the removal of the plugs or seals. (2) The application shall contain such information as the Authority may require in relation to (a) the name and address of the owner of the well; (b) its location, depth and size; (c) the amount and location of casing or sealing in the well; (d) the distance below the surface of the ground to the water level in the well; (e) the strata penetrated; (f) the distance from the surface of the ground to the top of the salt water stratum and the thickness of the salt water stratum; and (g) any other matter specified by the authority in respect of the well. (3) The application shall also state the methods proposed for re-casing, re-plugging or resealing of the well. 11. Instructions to deal with defective well. The Authority, after consideration of any application under paragraph 10, may call for additional data, and may make such investigation as it considers necessary, and if the well is found to contain salt water, shall by order give instructions to the applicant, specifying (a) the work that shall be done by the owner to place it in a satisfactory condition; and (b) the time that shall be allowed to complete the work. and may inspect such work while it is in progress. 12. Authority may inspect well. The Authority may on its own initiative, or upon information or complaint from any source, make an examination of any well suspected of containing salt water, and may by order issue instructions for curing any defects in the well. 13. Sworn statement to be submitted. (1) Upon completion of the works in pursuance of any instructions issued under this schedule- (a) the contractor who carries out the work; or (b) if the work is done without a contractor, the owner of the well, shall file with the Authority a statement sworn or affirmed specifying in detail the manner in which such work was done. (2) The statement shall be filed within thirty days after the completion of the work. 14. Additional work on defective well. (1) Upon receipt of a statement under paragraph 13, the Authority shall determine, either from the statement or from inspection or test, whether the work has been satisfactorily performed. (2) If the Authority determines that the work has not been satisfactorily performed, it shall by order issue additional instructions specifying the additional work required to place the well in a satisfactory condition, and specifying the time for the completion of such additional work. (3) Upon the completion of such additional work, a statement sworn or affirmed shall be filed with the Authority as provided for in paragraph 13. 15. Contamination and pollution of ground water. Every person abstracting ground water by means of a well shall, in order to prevent contamination or pollution of the water (a) effectively seal off to a sufficient depth any contaminated or polluted surface or shallow water in rock openings or soft broken ground; (b) effectively seal the top of the well between the surface casing and the internal pump column, and the suction or discharge pipe; (c) dispose of all return or waste water by means other than by return to the well; (d) extend the well casing to a point not less than twenty centimetres above the elevation of the finished pump house or pump pit floor; (e) use either welded or screw type well joints on the casing, if made of metal; (f) dispose of effluents or drainage from any household, stable, factory, trade premises or other premises in such a manner as will prevent any such effluent or drainage from reaching such seal or ground water; and (g) carry out such other work as the Authority may by order direct, from time to time, for the prevention of contamination or pollution. 16. Authority may order special measures to safeguard ground water resources. If -- (a) during the construction of a well, water is encountered in an aquifer; and (b) water from a water table or lower aquifer tends to flow from the upper aquifer to the lower aquifer; and (c) in the opinion of the Authority this is likely to prove detrimental to the ground water resources of the area, the Authority may order what special measures shall be taken by the owner of the well so that the water from the higher aquifer cannot flow to the lower aquifer. X - CANADA - ALBERTA - Water (Ministerial) Regulations n. 205/98 70. (1) If an approval referred to in this Regulation is cancelled or suspended under the Act, the Director may refuse to issue another approval to the same person unless that person provides security in accordance with this section. (2) The Director may by notice require an approval holder who has provided security under subsection (1) to provide additional security within the time period specified in the notice. (3) Security must be in an amount determined by the Director to be sufficient to ensure compliance by the approval holder with the Act, this Regulation, the regulations under the Environmental Protection and Enhancement Act and the approval, but in no case may the Director require security in an amount exceeding $100 000. (4) An approval holder must immediately notify the Director of any material change in the approval holder's financial condition or operations which might affect the amount of security required. (5) Security must be in one or more of the following forms as required by the Director: (a) cash; (b) cheques and other similar negotiable instruments payable to the Minister of Finance; (c) government guaranteed bonds, debentures, term deposits, certificates of deposit, trust certificates or investment certificates assigned to the Minister of Finance; (d) irrevocable letters of credit, irrevocable letters of guarantee, performance bonds or surety bonds, in a form acceptable to the Director; (e) any other form that is acceptable to the Director. XI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999 11. Records and samples The holder of a Drilling Licence engaged in any operation or work pursuant to Drilling Licence shall - (a) keep records in accordance with a form approved by the Controller; and (b) keep representative samples of - (i) approximately 250 grams weight taken of each change of strata observed in the bore, and in any case samples of strata at intervals not exceeding 3 metres, such samples to be secured in a clean bag, 10cm x 15cm in size manufactured of plastic at least 0.1mm thick or in a bag not less than that size and at least the same strength, clearly marked so as to identify the bore and the depth at which the sample was taken; and (ii) not less than 1 litre volume of each water cut in the bore preserved in a clean bottle, completely filled and tightly stoppered or sealed and clearly marked so as to identify the bore and the depth at which the sample was taken. XII - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79 32. Evaluation of well yield (1) No well driller shall complete the construction of a well without performing an adequate test to determine the rate of yield of the well, which shall be carried out in accordance with the water well construction and testing procedures determined by the Minister. (2) If a well is intended to supply water as part of a public water supply, testing of the well shall be carried out in accordance with the requirements of the Minister, which may include construction of observation wells for proper measurement of the well and aquifer properties. (3) The minimum requirements for the testing of public water supply wells include a development period, a stage drawdown test and a constant rate test, all including water level measurements in the well and in at least one observation well, which measurements shall be continued after pumping has stopped until such time as the recovery curve can be identified. (4) If a well is intended to supply water for any purpose other than that described in subsection (2) to meet a demand in excess of fifty cubic metres per day, a pumping test of not less than twenty-four hours duration shall be conducted. (5) If a well is intended solely to supply water for household purposes to not more than one single family dwelling unit or to produce not more than fifty cubic metres of water per day, a yield test of not less than one hour duration shall be carried out in accordance with the water well construction and testing procedures determined by the Minister. (6) Water level measurements shall be made before, during and after the pumping test and sufficient measurements of water levels shall be made immediately after pumping stops to establish the recovery curve.

3.4 Management of Permits

The conceptual meaning and scope of this heading have been expounded in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, sub-chapter 4. Subsidiary groundwater management legislation may provide standard procedural and substantive requirements of permit management mechanisms (i.e. renewal of permits (I and III), and variation and termination of permits (II - V)).

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

...

10. (1) The holder of a licence under the Law may apply to the Authority to terminate the licence, and on such application the Authority shall terminate the licence accordingly, subject to such terms and conditions as they think fit....

(3) Without prejudice to the applications of regulations 6 to 9 of these regulations in relation to the termination or variation of a licence on application of the relevant holder, the Authority shall cause an entry to be made in the General Register of Groundwater Abstraction Licences in relation to any action taken in pursuance of section 20 of the Law^[38].

III - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

8. (1) A well contractor’s permit or a well driller’s permit expires at the end of the calendar year for which it was issued.

(2) The Minister may renew a well contractor’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of three hundred dollars. ...

9. (1) The Minister may suspend or cancel a well contractor’s permit or a well driller’s permit if the holder of the permit violates or fails to comply with any provision of the Act or this Regulation.

(2) The Minister may reinstate a well contractor’s permit or a well driller’s permit that has been suspended or cancelled under subsection (1) upon such terms and conditions as the Minister may require.

10. The Minister may refuse to renew a well contractor’s permit or a well driller’s permit that has been cancelled during the year immediately preceding the year of the application for renewal.

IV - JAMAICA - Water resources regulations, 1995

18. Consent for well-drilling

... (4) A consent granted pursuant to paragraph (2) may be suspended or revoked -

(a) at the request in writing of the person to whom the consent was given; or

(b) by the Authority by notice in writing addressed to that person, for breach of any requirements of the Act or these Regulations relating to the consent or for the breach of any of the conditions subject to which the consent was granted.

(5) Before suspending or revoking its consent under sub-paragraph (b) of paragraph (4) the Authority shall serve on the person to whom the consent was granted a notice in writing

(a) specifying the breach on which the Authority relies and requiring him to remedy it (if it is capable of remedy) within such time as may be specified in the notice; and

(b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.

V - UGANDA - Water Resources Regulations, 1998

Part IV - Drilling and Construction Permits

21. Cancellation of permit

The Director may cancel any permit issued under this part where the holder of the permit,

(a) fails to comply with any provision of these regulations or any conditions attached to the permit;

(b) fails to provide any information required to be provided to the Director or fails to provide the information in the prescribed form;

(c) is charged of an offence under the Statute or these regulations.

4. DEALING WITH "EXISTING" WELLS

The issue of dealing with "existing" wells is conceptually akin to the issue of dealing with "existing" water uses reviewed in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS - in fact, a production well can be regarded as an "existing" groundwater use. The issue of "existing" wells arises generally in connection with, and as a result of, the designation of zones or areas for the introduction of regulatory groundwater management controls and, in particular, of groundwater exploration and abstraction permits (see in this regard sub-chapter 6 herebelow). Under these circumstances, or also when permit requirements are instituted nation-wide, relief is made available to enable the continued functioning of wells in operation, under the guise of requirements that existing wells be registered or notified within a given deadline, or under the guise of the entitlement of eligible wells to the grant of a permit as a matter of right, or also by automatic conversion of old permits to new permits (IV). Subsidiary legislation provides complementary procedural as well as substantive requirements in connection with registration requirements (I and V), and with the entitlement to a permit as a matter of right (II and III).

I - PHILIPPINES - Water Rules and Regulations

25. It shall be registered with the Council within two years from the declaration otherwise any claim to a right on a well is considered waived and use of water therefrom shall be allowed only after a water permit is secured in accordance with Rule 1 hereof^[39].

II - SOUTH AFRICA - Regulations in Respect of Subterranean Water Control Areas, 1963

2. Any person who at the date of promulgation of these regulations or, as the case may be, at the date on which these regulations become applicable to an area, abstracts or uses subterranean water from a borehole or well or natural spring situate within such area shall, within three months of the date on which these regulations are made applicable to such area, in writing, communicate to the secretary, giving:

(i) his name, permanent address and a description indicating the name of the property, the number and date of the title deed and the extent of the land upon which the borehole or well or natural spring is situated and a plan showing their situation;

(ii)

(a) the tested yield in gallons per hour of a spring or well or borehole, which flows naturally; and

(b) the tested maximum yield in gallons per hour, as determined by a pumping test, of a non-flowing borehole or well or a flowing borehole or well where such borehole or well has been so tested;
Provided that the dates of such tests, particulars of the pumping plant and, where the natural flow or pumped yield has been determined more than once, the relevant data for each such test shall be furnished;

(iii) here a pumping installation has been erected over a borehole or well, the quantity of water which such installation is capable of abstracting per hour;

(iv) the extent of land which was irrigated annually by means of water from the borehole or well or natural spring and any other purposes for which the water has been or is to be used and shall in addition, if required by the secretary, furnish any other particulars which he may specify;

(v) the maximum quantity of water which is abstracted and beneficially used per day, per month and per year.

3. Any such person referred to in regulation 2 who is beneficially and lawfully using subterranean water from a borehole or well or natural spring shall, after the particulars mentioned in regulation 2 have been communicated to the secretary, be entitled to a permit to be issued by the Minister on such conditions as he may deem fit to impose, to enable him to continue to use the quantity of water determined by the Minister at his discretion, and specified in the permit.

III - CAYMAN ISLANDS - Water Authority Regulations, 1985

3. (1) On receipt of an application for a licence of right which has been filed within the prescribed deadline the Authority shall send to the applicant an acknowledgement in writing.

(2) Within a period ending not later than six months after the coming into effect of these Regulations, the Authority shall notify the applicant in writing of the conditions subject to which they intend to grant a licence. In pursuance of sub-section (a) of section 11 of the Law, the Authority shall allow 14 days for the applicant to make representation in writing to the Authority, as to the rate and quantity of water which they intend to licence.

(3) If, at the end of the 14 day period provided for in sub-section 3(2), no representation has been made to the Authority, or, if a representation has been made within the fourteen day period beginning on the date of issue by the Authority of the instrument of notification, the Authority shall issue a licence of right in the form set out in Schedule 1 to these Regulations, taking due account of any representation as it considers fit and shall notify the applicant accordingly.

(4) The expressions "prescribed deadline" in sub-section 3(1) shall mean the 15th day of September 1983, or such later date as the Authority may determine.

4. The notice of a licence of right shall indicate the fee to be paid to the Authority, which shall be as prescribed in Schedule 2 to these Regulations^[40]. The prescribed fee shall be paid no later than fourteen days from the date of notification by the Authority of the grant of the licence, and in any case prior to the collection of the licence document from the Authority's offices.

Provided that if the prescribed fee and the prescribed surcharge have not been paid after a period of three months from the date of grant of the licence, this will be rescinded and the entitlement under section 10 of the Law will be forfeited.

5. (1) Licences of right shall be valid for a period of two years, beginning from the date of issue, and can be renewed at the discretion of the Authority upon a written request to be filed with them not later than two months prior to expiration.

Such requests shall be accompanied by the appropriate licence renewal fee prescribed in Schedule 2 to these Regulations^[41]. Failure of the licence holder to file for the renewal of his licence within this period will result in the relevant application being entertained by the Authority as though it was an application for a new abstraction licence, or, if no application has been filed prior to the expiration date of the licence, in the termination thereof. The Authority is entitled to issue licence expiration date reminder notices to licence holders.

(2) Upon receiving an application for the renewal of a licence of right, the Authority shall notify in writing the applicant that:

(a) the application is granted; or
(b) the application is granted subject to the licence being varied by:

(i) the amendment of any one or more of the terms or conditions; or
(ii) the revocation of any one or more of the terms or conditions; or
(iii) the addition of one or more terms or conditions; or
(iv) a combination of two or more of the foregoing methods of variations; or
(c) the application is refused.

IV - CANADA - ALBERTA - Water (Ministerial) Regulations No. 205/98

73. Water wells transitional

An approval to drill water wells that was issued under the Environmental Protection and Enhancement Act and that is in effect on the coming into force of this section is deemed to be an approval issued under the [Water] Act and this Regulation, and the class^[42] of the approval is the class that is designated in the approval.

V - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

Chapter II: Registration of Existing Wells

2. After the issuance of this regulation, all persons claiming ownership of existing water wells, whether used, unused or abandoned, should apply to the Authorised Ministry, through their Wali's office, for registration of their well or wells on the form prepared for this purpose before the end of Thi AI Hija, 1410 H (July 1990).

3. The Authorised Ministry shall issue a Well Registration Receipt to the well owners who apply during the period specified in Article (2) of this Regulation.

At a later date, the information concerning the well will be verified at the site by Official Staff from the Ministry. Following satisfactory verification, the Well Owner will be issued with a Well Registration Certificate confirming his ownership of the well, and a Well Registration Plate. The registration plate shall be clearly displayed beside the well in an appropriate position and shall, be preserved in good condition by the Well Owner. If the plate is lost or becomes illegible, the well owner shall inform the Authorised Ministry.

4. Any well not registered during the specified period will be considered to be illegal and the Authorised Ministry may order the owner to backfill the well at his own expense.

5. The Authorised Ministry shall specify the permissible water quantity discharged from any well or instruct a registered Well Owner to install a Flow Meter on his well to measure the quantity of water discharged, or may itself install a Flow Meter on the well. The Well Owner will preserve the Flow Meter in good working order.

6. The Well Owner shall facilitate access to his well for Official Staff at any reasonable time to inspect, sample, or carry out measurements or tests on his well and shall also provide Official Staff with the available information and data concerning the well.

5. LICENSING OF WELL DRILLERS

As most borehole digging or drilling and well construction is done nowadays on a commercial basis, the exercise of such activity has been increasingly attracted into the scope of regulatory groundwater management legislation. This is typically exemplified by legislation subjecting commercial well digging or drilling to registration or licensing requirements, as in the examples given below. In this connection, subsidiary legislation provides the procedural and substantive details of implementation of a registration or licensing mechanism, as illustrated below.

I - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

17. As from the date of publishing this regulation in the Official Gazette, no well construction, development, maintenance, modification, yield testing or pump installation on boreholes, shall be carried out except by a Contractor registered at the Authorised Ministry.

18. Those who are exempted from the rules of Article (13)^[43] of this regulation are exempted from the rules of Article (17).

19. Contractors who intend to engage in the business of well construction, development, modification, maintenance, or yield testing, shall register at the Authorised Ministry on the forms provided for that purpose.

20. A registration request may be for work in one or more of the following activities:

A) Construction, development, deepening, modification, maintenance, or yield testing of dug wells.

B) Construction, development, deepening, modification, maintenance, pump installation, or yield testing of boreholes.

C) Such other activities as may be decided by the Authorised Ministry from time to time.

21. The Ministry may classify Contractors in categories according to the technical capacities and the qualifications of their personnel. The Ministry may add other activities related to water wells, that necessitate those who are intending to engage in these activities to register at this Ministry.

II - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

4. A person who

(a) engages in the business of well-drilling,

(b) undertakes the boring, drilling, digging or redrilling of a well on lands of which that person is not the owner or lessee, or

(c) undertakes an operation incidental to the reconditioning or abandonment of a well on lands of which that person is not the owner or lessee shall obtain a well contractor’s permit.

5.1 Granting of Licences or Registering as a Well Driller

In step-wise fashion, the following aspects of the well drillers' licensing or registration process are typically provided for by subsidiary groundwater management legislation:

Step One - Applying to be registered as a driller or for a driller's licence

Formats for registration or licence applications are usually standardized and appended as "forms" to subsidiary legislation for the convenience of prospective applicants. Available Forms of varying complexity centre on the applicant's record of past experience as a driller and on the kind of equipment in use (III and IV). Minimum pre-requisites which applicants must meet may be also be prescribed by subsidiary legislation (I, II and V). Applications may be re-submitted upon rejection, if the missing conditions are fulfilled (VI).

I - PHILIPPINES - Water Rules and Regulations

41. No person shall be permitted to undertake well drilling work unless he is duly registered with the Council as a well driller. No person shall be registered by the Council as a well driller unless he has at least any of the following qualifications:

(a) Graduation from high school with three (3) years experience in well drilling work duly certified by another well driller registered with the Council; or

(b) A holder of a bachelor's degree in geology or engineering with one (1) year experience in actual drilling work.

II - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

6. (1) A person who operates a machine for the purpose of drilling, altering or repairing a well shall obtain a well driller’s permit.

(2) Subsection (1) does not apply to a helper.

7. The Minister may issue a well driller’s permit to a person who

(a) is the holder of a valid certificate of qualification in the water well driller trade issued under the Apprenticeship and Occupational Certification Act or was the holder of a valid well driller’s permit issued under the Water Well Regulation - Clean Environment Act, being New Brunswick Regulation 83-125 under the Clean Environment Act, immediately before the commencement of this section,

(b) applies to the Minister in a form provided by the Minister, and

(c) pays a fee of one hundred dollars.

III - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

Schedule - Form 16 - Application for drilling licence - See Appendix III, page 380.

IV - JAMAICA - Water resources regulations, 1995

19. Well-driller's licence

(1) An application for a well-driller's licence required under section 35 of the Act may be made to the Authority in the form set out as Form E in the Schedule and shall be accompanied by such documents or information as the Authority may require and by the relevant fee. ...

Schedule - Form E - Application for well-driller’s licence - See Appendix III, page 382.

V - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations.

2. Anyone intending to practice drilling work is required to obtain a license from the Ministry by submitting an application, together with supporting evidence that he has the necessary manpower and experts, in addition to the availability of drilling equipment. This application shall be made on forms issued by the Ministry's branch offices, supported by work cards or agreements certified by Saudi Embassies, or by any other certified documents required by the Ministry.

VI - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

22. The Authorised Ministry may refuse the registration or re-registration of any contractor, on grounds to be stated. In case of a refusal not resulting from Article (35)^[44], the contractor may submit a new application fulfilling the refusal justifications. The contractor whose registration is refused after he has satisfied the objections which led to the refusal may appeal to the Authorised Minister within one month from date of being refused registration. The Authorised Minister's decision is final.

Step Two - Review of applications

The review process of applications centres on the applicant's professional competency and soundness as a business (II and III), and special examination requirements may be prescribed in this regard (I).

I - AUSTRALIA - VICTORIA - Water (Application Fees) Regulations, 1991

8. Driller's licences

... (2) Any applicant for a Driller's Licence may be required to undergo an oral, written or practical test with respect to:

(a) drilling and bore construction method and techniques; and

(b) water well practice; and

(c) an understanding of the relevant parts of the Act and Regulations: at a time and place to be determined by the Driller's Licensing Board.

(3) A Driller's Licence must not be issued to any person under the age of eighteen years.

II - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations.

4. Drilling Contractors will be judged according to the following criteria:

A- Technical qualifications.
B- Administrative qualifications.
C- financial resources.

III - UGANDA - Water Resources Regulations, 1998

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

... (2) The Director shall, before approving the application under regulation 16, have regard or take into account, among other things,

(a) whether the applicant has adequate equipment which is in good condition to enable such applicant undertake the work in respect of which the application is made;

(b) whether the applicant has at least two employees on a permanent basis who possess technical qualifications which are necessary for the applicant to undertake the work in respect of which the application is made;

(c) the previous experience of the applicant with respect to similar work;

(d) the professional reputation of the applicant;

(e) the results of any inspection carried out under the provisions of paragraph (a) of subregulation (1) of this regulation.

(3) The Director may, after the provisions of subregulations (1) and (2) of this regulation have been complied with, approve the application.

Step Three - Formatting of licences

Standard "Forms" of driller's licences can be provided by subsidiary legislation for the convenience of government administrators (I and III - V). Terms and conditions usually qualify the rights accruing under the licence. Relevant determinations are left to the discretion of the licensing government authority, subject sometimes to standard specifications laid down in subsidiary legislation (II).

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

Schedule 1 - Well Driller's Licence - See Appendix III, page 383.

II - AUSTRALIA - SOUTH AUSTRALIA - Water Resources Regulations, 1997

17. Conditions on well drillers' licences

The following conditions are prescribed under section 22(3) of the Act in relation to well drillers' licences:

(a) the licensee must keep such records as the Minister directs in such manner and for such period as he or she directs;

(b) the licensee must, at the direction of the Minister or an authorised officer, produce records referred to in paragraph (a) to the Minister or the authorised officer for inspection or copying;

(c) the licensee must, at the direction of the Minister or an authorised officer, take samples of water or other material from a well being drilled by the licensee and must submit the samples to the Minister or the authorised officer for inspection and analysis;

(d) the licensee must comply with directions given by the Minister in relation to the drilling, plugging, backfilling or sealing of a well or to the repair, replacement or alteration of the casing, lining or screen of a well if those directions are given to the licensee by the Minister or published in the Gazette;

(e) the licensee must comply with the permit authorising the work that he or she is performing.

III - JAMAICA - Water resources regulations, 1995

19. Well-drilIer's licence

... (2) The Authority may, subject to such terms and conditions as it thinks fit, grant a well-driller's licence or refuse to grant it but shall grant such a licence if it is satisfied that the applicant has the requisite professional qualification.

(3) A licence granted under paragraph (2) shall be in the form set out as Form F in the Schedule.

(4) If the Authority refuses to grant a well-driller's 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.

Schedule - Form F - Well-driller’s licence - See Appendix III, page 383.

IV - UGANDA - Water Resources Regulations, 1998

19. Grant of permit etc.

(1) The Director shall, after approving the application under subregulation (3) of regulation 18 grant a drilling permit ... for a period of one year.

(2) The permit referred to under subregulation (1) of this regulation shall in Form F2 ... as set out in the Sixth Schedule and be issued on such conditions as the Committee may specify.

Sixth schedule - Form F2 - Drilling permit - See Appendix III, page 384.

V - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

Form 17 - Drilling Licence - See Appendix III, page 385.

Step Four - Recording of licences

Prescriptions of subsidiary legislation in this regard may concern the duty of government administrators to record well driller's licences and action taken on them after their grant, and to form and maintain permanent records of such licences, styled "registers". Provisions on the contents of, and access to, such registers may complement the above-mentioned obligations.

CAYMAN ISLANDS - Water Authority Regulations, 1985

28.... (3) Upon satisfactory evidence of the applicant's qualifications supplied with an application, the Authority shall grant a licence, and shall cause an entry to that effect to be made in the General Register of the Water Operators' Licences.

... (8) The Authority shall cause an entry to be made in the General Register of Water Operators' Licences in relation to any action taken in pursuance of section 40 of the Law^[45].

31. (1) The Authority shall keep, in such manner as they deem fit, a General Register of Water Operator's Licences, which shall contain a copy of all licences granted in pursuance of this Part of the regulations, and information concerning any action taken by the Authority in relation to such licences after the grant thereof.

(2) The public shall have access to this register, and extracts thereof shall be obtainable from the Authority, in accordance with sub-section (2) of regulation 12 of these regulations^[46].

5.2 Management of Licences

The meaning and scope of the concept of "management" of permits in general has been illustrated in Chapter I on ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS, sub-chapter 4. It is standard practice reflected in principal legislation to provide for the renewal, suspension or cancellation of a well driller's licence (or registration) under given circumstances. Subordinate legislation may provide complementary procedural and substantive details of implementation, as illustrated by the examples below.

I - CAYMAN ISLANDS - Water Authority Regulations, 1985

28.... (5) Licences granted under this Part of the regulations shall be valid for a period of one year from the date of the grant, and can be renewed in accordance with regulation 5 of these regulations^[47], subject to payment of the appropriate fee as prescribed in Schedule 2 to these regulations^[48].

(6) Where the Authority intend to take action in pursuance of section 40 of the Law^[49], they shall serve on the holder of a licence notice in writing calling upon him to show cause why his licence should not be revoked, if within 14 days from the date the notice was served, the holder of the licence fails to submit to the Authority a statement in writing indicating the reasons why the licence should not be revoked, or fails to appear before the Director of the Authority within the said period, the licence shall be revoked forthwith. The Authority shall consider any written or oral statement submitted to them in pursuance of this sub-section, and may thereafter by notice in writing addressed to the holder of the licence:

(a) declare the licence revoked, or
(b) declare the licence unchanged.

II - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

8. (1) A well contractor’s permit or a well driller’s permit expires at the end of the calendar year for which it was issued.

... (3) The Minister may renew a well driller’s permit if the holder of the permit makes an application to the Minister in a form provided by the Minister and pays a fee of one hundred dollars.

10. The Minister may refuse to renew a well contractor’s permit or a well driller’s permit that has been cancelled during the year immediately preceding the year of the application for renewal.

III - JAMAICA - Water resources regulations, 1995

20. Revocation of a well-drilIer's licence

(1) A well-driller's licence may be suspended or revoked

(a) at the request of the holder of the licence; or

(b) by the Authority by notice in writing addressed to that person on account of a breach of any provisions of the Act or these Regulations relating to the sinking of wells or of any of the terms and conditions subject to which the licence was granted.

(2) Before suspending or revoking the licence of a well-driller under sub-paragraph (b) of paragraph (1), the Authority shall serve on him a notice in writing

(a) specifying the breach on which the Authority relies and requiring him to remedy it (if it is capable of remedy) within such time as may be specified in the notice; and

(b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.

21. Renewal of a well-drilIer's licence

The provisions of regulation 8 shall apply, mutatis mutandis, in respect of the renewal of a well-drilIer's licence as they apply in respect of the renewal of a licence to abstract and use water.

IV - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

23. Registration of a contractor shall be valid for one year, and subject to renewal if the contractor complies with the conditions of registration.

6. ZONING OF GROUNDWATER AREAS

General water resources legislation or specific groundwater management legislation may provide a zoning mechanism for the protection of groundwater resources from overexploitation and depletion, and from pollution. Zoning in connection with the latter is dealt with in Chapter II on PREVENTION AND CONTROL OF WATER POLLUTION, sub-chapter 5. As a result, this Chapter will focus on zoning mechanisms for the protection of groundwater resources in general from overexploitation and depletion. In the essence, zoning in this particular connection results in a number of regulatory restrictions to the digging or drilling of wells and pumping of groundwater. Subordinate legislation spells out the nature and extent of prescribed restrictions, and provides the procedural and substantive details of attendant requirements, as illustrated in the example II given in sub-chapter 4.

7. ARTIFICIAL RECHARGE OF GROUNDWATER SUPPLIES

The artificial recharge of groundwater supplies may be regulated through a permit mechanism akin in form and substance to the permit mechanism for groundwater exploration and abstraction reviewed in sub-chapter 2 above. Subsidiary legislation however may add further procedural specifications tailored to the particular nature of the activity involved, as illustrated in the examples below.

I - PHILIPPINES - Water Rules and Regulations

1.... In the following instances the granting of permit/authority required under the provisions of P.D. 1067, is delegated by the Council to the corresponding agencies indicated and permit/authority pertaining to any of these instances shall be secured from the agency delegated:

... (c) Recharging ground water supplies - National Pollution Control Commission.

Whenever necessary the Council may exercise any of the above delegated authorities.

II - UNITED KINGDOM - The Groundwater Regulations, 1998

6. Artificial recharges for the purposes of groundwater management

Artificial recharges may be authorised on a case by case basis for the purpose of groundwater management notwithstanding regulations 4 and 5^[50], but such authorisation shall only be granted if there is no risk of polluting groundwater.

8. ENSURING COMPLIANCE WITH THE LAW

Holders of permits to dig or drill a borehole or to construct a well to search for or extract groundwater, and holders of a well driller's licence or registration are subject to obligations stemming from the permit, licence or registration, and to obligations of general import laid down in the legislation. The general public is also subject to the fundamental obligation to refrain from undertaking digging or drilling and well construction activities unless a permit is first obtained from the responsible government department or agency. It is standard practice for legislation to deter non-compliance with these various obligations by declaring violations an offence, and subjecting these to penalties ranging from fines to imprisonment. The role of subsidiary legislation in this regard is generally one of spelling out which violation attracts what kind and level of penalty. Offences and penalties can be directed at generic violations (II), or be fine-tuned to address specific instances of misbehaviour (I, IV and V). Permit or licence holders may be also penalized by having their permit or licence suspended or cancelled (V). In addition, an unlawful well may be ordered plugged or sealed (II and III). Subordinate legislation may also recite certain law enforcement powers - typically, in connection with groundwater resources management, to enter and inspect private property, to take samples and to examine records which are required by law to be kept (IV to VI).

I - PHILIPPINES - Water Rules and Regulations

77. A fine of not more than Two Hundred (P200.00) Pesos and/or suspension of the permit/grant for a period of not more than sixty (60) days shall be imposed for any of the following violations:

... (b) unauthorized utilization of an existing well or ponding or spreading of water for recharging subterranean or ground water supplies;

(c) appropriation of subterranean or ground water for domestic use by an overlying landowner without the registration when required by the Council;...

79. A fine of more than Five Hundred (P500.00) Pesos but not exceeding One Thousand (P1,000) Pesos and/or revocation of the water permit/grant of any other right to the use of water shall be imposed for any of the following violations:

(a) drilling of a well without permit or with expired permit;...

II - PHILIPPINES - Water Rules and Regulations

82. In cases where the violator is not a permittee or grantee or has no right to use the water whatsoever, the Council through its deputies or authorized representatives shall cause the stoppage of the use of the water either by plugging or sealing of the well if the same involves ground water appropriation or demolition of the dam or hydraulic structures if the same involves surface water, without prejudice to the institution of a criminal/civil action as the facts and circumstances may warrant.

III - CANADA - NEW BRUNSWICK - Water Well Regulation n. 90/79

38. Orders

(1) Where a well is or will not be located, spaced, constructed, altered, reconditioned, repaired, sealed, capped or abandoned in compliance with this Regulation, an inspector may order the person locating, spacing, constructing, altering, reconditioning, repairing, sealing, capping or abandoning the well or causing the work or activity to be done to cease and desist from such work or activity.

(2) A person to whom an order is directed under subsection (1) shall comply with the order to the satisfaction of the inspector within the time specified in the order.

IV - SAUDI ARABIA - Executive Order No. 14-62 of 1989: By-laws of the Water Resources Preservation Regulations.

II - Registration & Licenses

5. The Minister, or anyone from the Ministry authorized by the Minister, has the right to enter upon any land or facility to inspect, survey, investigate, or obtain information about water. He may also make any measurements, as required by these Water Resources Preservation Regulations, after notifying the landowner or the tenant in advance.

V - Violations And Penalties

17. Any drilling contractor who has no license to practice this business will be fined an amount not exceeding SR. 50,000; moreover, his drilling operations will be suspended unless he gets such a license. The fine will be increased to SR. 10D,000 for any further violation.

18. A Drilling Contractor holding an expired license will be fined SR. 25,000, and his operations will be suspended until he pays this fine and renews the validity of the license. The above fine will be doubled if the contractor practices his job on more than one occasion before he discovers his violation. A drilling contractor will be fined SR- 5,000, if he fails to provide the concerned Ministry Branch Office with a drilling inspection report within 15 days of the completion date, or if the Ministry discovers incorrect information, or if the contractor does not inform the Ministry of his job sites or of the movements of his equipment.

19. The drilling contractor and the well owner wil1 be fined SR. 25,000 each for any water well drilled without a Drilling Permit, or drilled with a permit that was previously used, and each of them will be suspended from working unless the fine is paid and a permit is obtained.

20. The Drilling Contractor and the well owner will be fined SR. 10,000 each if they drill a well with an expired permit and both will be suspended from working unless the fine is paid and the permit is renewed.

22.

A- Should the farm owner develop a well situated on his own land without a permit, he will be fined SR. 5,000.

B- If a farmer uses a Drilling Permit to drill at a location other than the one specified by the Ministry in the permit, or if he drills in a restricted formation, or in areas restricted by Royal Decrees, then he will be fined SR. 25,000.

C- The drilling contractor and the farm owner will be fined SR. 10.000 each if they exceed the permitted depth and they shall bear the cost of seating such increased portion.

23. In the event of reiterated violations of Article 19 above the drilling license will be withdrawn for a period of not more than one year, and a fine of the same value shall be imposed on the owner of the farm.

24. The owner of the well and the drilling contractor will be fined SR. 10,000 each if, when drilling a well, they disregard the relevant instructions concerning water preservation and aquifer mixing, and their operation shall be suspended until they have backfilled the well at their own expense.

25. The Ministry of Agriculture and Water shall have the right to take necessary and suitable action against anyone who drills a well without a permit and penalties therefor may include suspension of loans or subsidies or of the use of agricultural facilities and the acceptance of crops such as dates wheat etc., pending the removal of the reasons necessitating such penalties.

V - OMAN - Ministerial Decision No. 2/90, Regulations for the Registration of Existing Wells and New Well Permits

14. A Permit holder shall facilitate access to his well for Official Staff at any reasonable time to inspect, sample, or carry out measurements or tests on his well and shall also provide Official Staff with the available information and data concerning the well.

Chapter VI: Penalties

32. Without contradicting the rules of Articles (13) & (18) of this regulation, anyone who is working on the construction, deepening, modification, maintenance, for himself or others with or without payment, and is not registered at the Authorised Ministry shall be liable to a fine of R.O. 5000 for each well at each time.

33. Any Registered Contractor working on the construction, deepening, modification, maintenance, pump installation, or yield testing of a water well for which a valid Well Permit is not in force shall be liable to a fine of R.O, 3000 for the first offence, If the offence is repeated the penalty shall be doubled for each subsequent violation. In addition, the owner of the new well will be required to backfill the well or to restore the situation to its original condition if any of the offences mentioned in this Article have been committed. The execution cost will be borne by the well owner.

34. Any Registered Contractor working on the construction, deepening, modification, maintenance, or yield testing of a water well in violation of Articles (24) and (26) of this regulation shall make good the consequences of the violation at his own expense. If the offence is repeated, his registration at the Authorised Ministry may be cancelled.

VI - UGANDA - Water Resources Regulations, 1998

24. Access to data and plans

(1) The holder of a drilling permit or construction permit and plans shall, at all reasonable times, allow a person authorised, in writing, by Director to do all or any of the following:

(a) inspect any borehole constructed or being constructed under a permit issued under this Part;

(b) inspect any construction works carried out or being carried out under a permit issued under this Part;

(c) inspect and take copies of any plans or drawings of the works;

(d) inspect and take copies of any written journal kept in accordance with paragraph (a) of this subregulation.

(2) A person who obstructs or refuses the Director or a person authorised by the Director to carry out any of the duties specified in subregulation (I) of this regulation commits an offence and is liable, on conviction, to the penalty specified in section 40 or 104 of the Statute.

^[26] Omitted.
^[27] Omitted.
^[28] See under the heading Activities for which an application needs to be filed above.
^[29] See under sub-chapter 5. Well drillers’ permits.
^[30] Omitted
^[31] See Chapter I, sub-chapter 2, Step Three - Review of applications, example II.
^[32] See ibidem, example V.
^[33] Omitted.
^[34] See Chapter I, sub-chapter 2, Step Three - Review of applications, example II.
^[35] See Chapter I, sub-chapter 2, Step Three - Review of applications, example V.
^[36] See paragraph 3.1, Step One, under the heading Format of applications (III).
^[37] See sub-chapter 4 below, example III.
^[38] Section 20 of the Water Authority Law, 1982 empowers the Water Authority to "terminate, vary or diminish" a groundwater abstraction licence at the request of the licensee.
^[39] Rule 1 of the Water Rules and Regulations lists the instances under which a permit from the government water resources administration is required.
^[40] Omitted.
^[41] Omitted.
^[42] See paragraph 3.1 The granting of permits above, Step One – The filing of an application under the heading Activities for which an application needs to be filed.
^[43] See paragraph 3.1 The granting of permits above, Step One – Filing of an application, under the heading Pre-requisites to the filing of applications.
^[44] See under Sub-chapter 8. ENSURING COMPLIANCE WITH THE LAW.
^[45] Concerning revocation of a well driller's licence.
^[46] See sub-chapter 3.1 above, Step Four - Recording of decisions and permits, example III.
^[47] See sub-chapter 4 above, example III.
^[48] Omitted.
^[49] Concerning revocation of a well driller's licence.
^[50] These regulations prescribe measures to prevent the introduction of polluting substances into groundwater.