1. IMPLEMENTATION REVIEW OF THE Deputy Director General:
NATIONAL WATER ACT
Act 36 of 1998
Deputy Director General:
Policy and Regulation
24 OCTOBER 2008

2. CONTENTS What has not worked?
Water for Growth and Development as an approach to tackling some of the challenges
Roll-out Plan for Corrective Action
Project plan for the review of the National Water
Summary and Conclusions

3. WHAT HAS NOT WORKED

4. WHAT HAS NOT WORKED
The regulation to support the implementation of the Act has not been integrated.
The Water Allocation Reform programme is lagging behind and this has resulted in redress and equity not being effectively achieved
The establishment of WMIs has been delayed due to uncertainties around the future and transfer of staff
Challenges with developing a sound asset data base for all the WR infrastructure in the country

5. WHAT HAS NOT WORKED
Not clearly defined the roles and responsibilities around asset maintenance and operation by the various WMIs
Delegation of functions and responsibilities between the various WMIs has not yet been finalized
The capacity of the department is a serious concern and a number of skilled people continue to leave, albeit remaining within the sector.

6. WHAT HAS NOT WORKED
The issuing of water licensing has been a long and complex process due to the fact that delegations have not completed to proto-cma’s
Recognition of the importance of WUAs due to lack of transformation has always been a problem
Have not had a strong communication and marketing strategy (especially for water resources management)
Generally water resources management is completely under resourced

7. CASE STUDY - VAAL SYSTEM
Illegal Water Abstraction
Unlawful abstraction puts system currently in deficit
Losses equivalent to LHWP 1B (Mohale Dam). 100 litres per month per household for 8.5 million households.
Deficit masked by good rainfall previous season
DWAF is very weak in enforcement efforts

8. OTHER CHALLENGES Main sources of impact on water quality are:
discharge of urban and industrial effluent to rivers
high salinity irrigation return flows
wash-off (run-off) and leachate from mining operations (Acid mine drainage)
wash-off (run-off) from areas with insufficient sanitation (dense settlements)
Climate change
Discharges from Municipal Waste Water Treatment Plant

9. DRINKING WATER QUALITY
Under-budgeted and under-resourced function in many municipalities
Poor water quality impacts on people’s lives, particularly those with low immune systems
Monitoring and reporting improving but still inadequate
Many rural water schemes and small schemes not monitored at all

10. WATER SERVICES INFRASTRUCTURE
Ageing, poorly maintained infrastructure leading to increased failures
Lack of investment in refurbishment
Poorly managed waste water and sewage infrastructure leading to pollution
VIPs get full, leaving households without functioning toilets
Bulk infrastructure not sufficient for growing demand

11. WATER FOR GROWTH AND DEVELOPMENT-MEETING THE CHALLENGES HEAD-ON

12. GROWTH & DEVELOPMENT IMPERATIVES
Economic growth rate of 6% requires additional water supply
Halve poverty by 2014 (deal with access backlog and responding to the anti-poverty strategy)
Already, the Vaal system gets its water from other catchments (Senqu, Tugela & Usuthu)
Effluents from the Vaal already augment the Crocodile/Olifants systems (Mines/Energy)
Transfer of water for long distances is expensive
Some economic activities also impact negatively on water quality (acid mine water)

13. Quantity
Sufficient water can be made available at all significant urban and industrial growth points in the country for water to enhance economic development
However, given the long lead times for developing new water schemes, co-operative planning is required between water users and water management institutions in order to ensure that water can be made available when it is needed.

14. Water Demand / Supply Scenarios
Nandoni dam that was construction in Luvuvhu/Letaba WMA improved situation
All 4 big Metros need serious consideration

15. SA had good runoff in recent years Country’s dams at 81%
CURRENT STORAGE
SA had good runoff in recent years
Country’s dams at 81%
Limpopo, NW and EC around 70%,
other areas above 80%
Isolated very low storages – serious at Middle Letaba for domestic needs
13 years of good runoff - a drought period could happen at any time

16. ALL DAMS vs DWAF DAMS vs CURRENT WATER USE

17. Current water availability
At 98% assurance level, SA water is constituted as follows:
77% surface resources
9% ground water
14% return flows

18. Proportional water use/sector
Agriculture 62%
Domestic 27%
Urban 23%
Rural %
Mining %
Industrial %
Power generation 2.0%
Afforestation %

19. Water availability vs use
Current water use match water (yield) availability
Potential for further resource development still exists in KZN (south) & East of EC
Limited potential for further resource development in most areas
Water demand and availability projections for 2025 (National Water Resource Strategy, 2004). Blue bars = water availability; Green bars = water use; Red bars = water development potential.

20. Water Supply and Backlog
Population – access to water supply
1994 – 38,9m population
59% of population had access to basic levels
15,9 million people had no access to safe water supply
2008 – 48,7 m population
88 % of population have access to basic levels
5,7 million people still without access to safe water supply

21. Concentration of Backlog

22. Water for Domestic Use
Current population ~ 48.7m
Projected growth rate ~0.82%
Est. population by 2020 ~ 65.0m
Implications for water demand are that domestic share of total water use will move from the present 27% to between 30 to 35% of the total national use

23. Reconciliation Strategies: to meet future demands in Metropolitan Areas (1)
WC/WDM must be implemented as a matter of urgency in all metropolitan areas – if not, water restrictions will be inevitable
Use of treated effluent is a huge potential resource – coastal cities discharges into ocean, but even in Vaal system direct re-use is imminent
Groundwater resource must be developed more extensively, even for metros in specific cases
Further surface water resource development and interbasin transfers will also be required

24. Reconciliation Strategies: to meet future demands in Metropolitan Areas (2)
Unlawful water use reached critical dimensions in Vaal system, urgent action will be taken to eradicate
Desalination of seawater is final option for coastal cities, detailed investigations will be done
Inland cities don’t have luxury of desalination of seawater – inland water must be reserved for inland use
Resources supplying metropolitan areas under stress – no further allocation for irrigation from these resources. Water may have to be moved from irrigation to urban over the long term

25. DWAF’s Response to strategic needs
Energy
Eskom & Sasol: VRESSAP (Vaal River Eastern Sub-system Augmentation Pipeline)
Return flows into Crocodile (West) transferred to Lephalale area (Ellisras) for new power stations and Mafutha (Sasol)
Construction of De Hoop and Mokolo Dams
Mining –
Crocodile West augmentation
Construction of De Hoop
Industry/urban - reconciliation strategies for Metros
Agriculture – new schemes only in previously under-developed areas with potential for further development.
Forestry – specific wet allocations
Rural – accelerate delivery

26. Risks, Threats and Challenges
Climate change
Uncertainly of CC already factored into scenario planning
Future requirements (security) major issue
Water resource characteristics
Adaptation and mitigation measures from a water perspective

27. Risks, Threats and Challenges
Infrastructure (WR and WS)
Assets in fair to poor condition wrt. maintenance and ops.
Majority of capital investments made in s
Thus approaching end of useful life – funds required for rehabilitation
Maintenance backlogs – result of focus on new infrastructure development

28. Risks, Threats and Challenges
Scarce skills
Experiencing critical skills shortages in water sector esp. in engineering, science , technical and artisan areas.
An insufficient skills base and fierce competition in the sector for skilled personnel
Huge loss in institutional memory along with strategic and operational decision-making capabilities due to high retirement figures in the next decade

29. Risks, Threats and Challenges
Scarce skills
The ongoing skills shortage within the water sector poses a threat to the achievement of the water and sanitation delivery and compliance targets as well as the implementation of sustainable water resources management.
Skills development is by nature a long term process.

30. Civil Engineering Staff in Local Government in 2005

31. Risks, Threats and Challenges
Unlawful water use and pollution (i.e. Vaal River System)
Large amount of unlawful use
Exceeding system yield – risk of water restrictions for lawful users
Large urban areas, industries and mines all contribute to pollution

32. Risks, Threats and Challenges
Raw and drinking water quality – often result of poorly managed WWTW (Municipalities)
Major threats to sustained safe drinking water quality
Inadequate Asset Management
Failing infrastructure (Water Purification and Reticulation Infrastructure )
Waste Water Collection and treatment
Capacity of Waste Water Treatment Facilities to meet effluent standards (non- compliance)
Skills shortage (limited availability of trained process operators)

33. WWT Facilities surveyed84 94 65 48
105
196 82
112
164
950 Waste Water Treatment Works

34. WWT Facilities managed/owned by WSA’s59 77 57 45
102
133 82 84
153
792 WWTW Owned/Managed by WSA’s

35. WWT Facilities with no appropriate license/permit : 57%
81%
50%
41%
33%
70%
85%
47%
70%
46%
950 Waste Water Treatment Works

36. WWT Facilities with license not complying to license/permit conditions: 32%9%
61% 8%
33%
65%
14%
15%
17%
43%
950 Waste Water Treatment Works

37. WWT Facilities exceeding design capacity :36%
64%
39% 0%
41%
55%
28%
28%
53%
23%
950 Waste Water Treatment Works

38. WWT Facilities discharge not monitored : 40%
73%
44% 0%
25%
50%
28%
62%
47%
20%
950 Waste Water Treatment Works

39. Risks, Threats and Challenges
Pollution of water resources (mining, agriculture, industry)
Pollution of fresh water resources due to
Mining activities
Acid mine drainage - heavy metal contamination
Poor agricultural practices- increasing salt loads
Eutrophication i.e. lack of Oxygen in the water leading to death of fish etc.

40. Surface water resources
Key Recommendations
Improve Water mix
Desalination
Set target for coastal municipalities
Inland areas with saline water resources
Surface water resources
Augmentation especially in under-developed areas
Multi-purpose

41. Key Recommendations Improve Water mix Ground water Return flows
Promote use in surface-water deficient areas
Promote conjunctive use
Return flows
Use of return flows as source for power stations & coal-to-liquid fuel plants
Treated effluent especially for coastal cities

42. Water Conservation & Water Demand Management
Key Recommendations
Water Conservation & Water Demand Management
Declare non-negotiable
Set up sector specific targets
Regulation through economic instruments
Water Loss control
Enforcement for all municipalities
Set a target limit on this as a condition for all sectors

43. Promote water use efficiency
Key Recommendations
Promote water use efficiency
Sectoral benchmarking
Set Sectoral water use targets
Infrastructure
Promote construction of Inter-Basin Water Transfer (IBWT) & multipurpose dams
Prioritise development according to needs
Operation and Maintenance of existing infrastructure
Refurbishment of existing ageing infrastructure

44. Irrigated agriculture
Key Recommendations
Unlawful Water use
Clamp down
Priority in stressed catchments
Irrigated agriculture
No further allocations except for new entrants linked to WAR
Reduce total water use (target to be set)

45. Key Recommendations Afforestation expansion Aligned planning
Promote Afforestation in line with LTMS
Prioritise KZN & EC
Aligned planning
Water is central to all planning
Misalignment with NSDF, PGDPs, IDPs, etc
Encourage joint planning

46. Key Recommendations Water quality management & pollution control
Roll-out of water resource classification system
Adherence to licence waste discharge standards & conditions to be monitored rigorously
Climate Change
Develop mitigation and adaptation plans for the Sector

47. Key Recommendations Response to Anti-Poverty Strategy
There are 4 pillars of the Anti-Poverty Strategy where DWAF can intervene directly.
Pillar 1: Economic interventions to expand opportunities for employment and self employment
Response programmes
Invest and develop infrastructure that will promote small scale rural development
Promote rain water harvesting
Develop community benefits around dams
Massification of programmes like Working for Water, Working for Wetlands etc
Development of value added industries from cleared biomass

48. Key Recommendations Pillar 2 : Investment in human capital
Response programmes
Developing appropriate skills for the water sector e.g. the learning academy
Providing community based training in programmes like WfW, WoF, Working on Wetlands
Awarding bursaries and learnerships

49. Key Recommendations
Pillar 3 :Basic Services and other non-financial transfers consisting of free basic municipal services such as water electricity, refuse removal sanitation and healthcare
Response Programmes
Accelerating access to water and sanitation services
Access to free basic services

50. Key Recommendations Pillar 4: Good governance Response Programmes
Supporting local government to deliver on its constitutional mandate
Ensuring effective regulation

51. Corrective steps

52. COMPLIANCE AND ENFORCEMENT
Sufficient funding for development of a strong Compliance, Monitoring and Enforcement function
Prevent and control unlawful raw water use and pollution
Discuss with National Treasury and Asset Forfeiture Unit the possibility of retaining assets seized during action against illegal water users.
NEMA (Act) being amended to give powers to appoint DWAF officials as Inspectors to enforce compliance under both NEMA and the National Water Act.

53. REGULATION AND COMPLIANCE IN WATER SERVICES
DWAF to determine appropriate institutional arrangements for water services regulation, including
institutional arrangements for national regulator
revision of Water Services Authority (WSA) and Water Services Provider (WSP) functions to take into account de facto lack of separation of functions between the two.
DWAF to strengthen drinking water quality regulation through strengthening of current capacity.

54. DRINKING WATER QUALITY
Where appropriate, Water Boards to:
assist in monitoring drinking water quality
assist to audit the results submitted by municipalities on drinking water quality, or
Act as WSP on behalf of a WSA.
DWAF and NT to investigate ways to incentivise municipal asset management and sufficient budgeting for drinking water quality management and monitoring.

55. Augmentation and conservation
Long time lines for establishing new infrastructure
Water Conservation and Demand management (e.g. review irrigation technologies)
Effluent re-use in coastal cities
Unlawful water use – Vaal system

56. RESOURCE AVAILABILITY
Water scarcity in economic heartland of South Africa
Gauteng and Mpumalanga Highveld
Lephalale Coal Fields
Inland water should be reserved for inland water use?
Local resources, e.g. groundwater and sea water need greater emphasis
Dealing with pollution

57. Project plan for the Review of the National Water Act

58. KEY TASKS AND OUTPUTS Time Frame 1.
Identify key sections that hindered Government from attaining its objectives 2.
Obtain inputs per stakeholder grouping.
Obtain inputs from internal stakeholders.
Status quo and situational Analysis Report
March 2007
Obtain inputs from external stakeholders.
22 October 2008
Obtain inputs from International and National Experts
November 2008 3.
Collate Comments and inputs into the report
December 2008 4.
Develop Draft Final Report
Stakeholder Analysis Report
December 2009 5.
Distribute Draft report to all Stakeholders for final inputs
January 2009 6.
Consolidate final inputs into Final Report
Final Report
February 2009 7.
Present final report via DWAF structures and to Parliament for final approval
March 2009

59. CRITICAL SUCCESS FACTORS
Impact on Success
1. Broad consultation.
Create shared mindset and understanding of
NWA
Ensure by – in
Enable effective / Quick implementation
2. Alignment to best practice.
Clarify roles
Address gaps
Improve aspects of the Act
Enhance sector performance
improve accountability and transparency and
build capacity and appropriate skills
3. Balanced Holistic approach.
Enhanced performance and practices
Improve efficacy and intergovernmental
relationships
- Review implementation
4. Sound Business Models and Mechanisms.
Improve sector performance
Improve CM+E
Enhance participation
Improve regulatory Governance
Finalise Institutional Model for implementation of NWA.

60. SUMMARY & CONCLUSIONS

61. SUMMARY AND CONCLUSIONS
National Water Act is a solid legislation acclaimed the world over
As a principle we need to fact track the implementation of the NWA
Regulatory Framework for the entire water value chain needs to be urgently put in place
Alignment and common vision is critical for the entire water sector
Stabilise institutional models and fast track delegations to institutions to adhere to the intent of the NWA
Department of Water Affairs and Forestry

62. There is enough water resources
There is a need to address challenges
i.e. pollution, illegal water abstraction
Institute water conservation and demand management
Need to deal with causes for failures in DWQ

63. Municipalities will play a key role in both water supply and ensuring the DWQ standards - hence Municipal Indaba
Need to deal with the issues of broadening access to water for the rest of South Africans
Need to invest in new infrastructure as well as Operation and Maintenance
Need to deal with the skills challenges
Need to broaden the water-mix

64. THANK YOU