1. GOVERNANCE

1 a) Institutions within the government responsible for water resources governance and administration

Section 5 of the Water Act states that all rights to investigate, control, protect and manage water in Uganda for any use is vested in the Government and shall be exercised by the Minister responsible for water or natural resources (Ministry of Water and Environment (MWE)) and the Director of Water Development in accordance with Part II of the Act. The Minister may delegate functions pursuant to Section 11 of the Water Act.

The Water Act establishes a Water Policy Committee, which shall assist the Minister in his or her functions and coordinate the preparation, implementation and amendment of the Water Action Plan (Section 10). The Water Resources Regulations provide further rules for this Committee (reg. 11 and following). They defined in detail the functions of the Committee. There is also a Policy Committee on Environment.

The National Environment Management Authority (NEMA) is mandated with the coordination, monitoring, regulation, and supervision of environmental management.

The National Water and Sewerage Corporation Act 1995 revises the objectives, powers and structure of the National Water and Sewerage Corporation, which was established by the National Water and Sewerage Corporation Decree, 1972. The objects of the corporation shall be to operate and provide water and sewerage services in areas entrusted to it under the Water Act. The Minister may give written directions to the board of the Corporation on matters of general policy.

The Directorate of Water Resource Management (DWRM) of the MWE has created four Water Management Zones (WMZ) following hydrological boundaries. They operate at regional level with the objective to bring the central services closer to the stakeholders. Their primary role is to facilitate sustainable development of the water resources for the economic and social benefit of the people in the catchment and to implement the water management measures needed to protect and conserve the catchment and its water resources, ensure sustainability, and reduce or resolve conflicts over resource use. Catchments have Catchment Stakeholder Forum (CSF), a Catchment Management Committee (CMC), a Catchment Management Secretariat (CMS) and a Catchment Technical Committee (CTC).

Local governments may be responsible for water supply and protection of water resources under the Local Governments Act 1997.

1 b) User-based or community-based institutions

A set of individuals or households may form a water user group and collectively plan and manage the point source water supply system in their area. Where a water supply system is established by and serving more than one water user group, each operating through a water and sanitation committee, the committees involved shall form a water user association which shall consist of an agreed representative of each committee. Local authorities may organise the formation of water user groups and associations within their jurisdiction. Water and sanitation committees and associations shall operate under the direction of the director of the directorate of water development.

Please see 1 (b)(i).

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The Minister may, on the basis of data progressively generated under water resources investigations, require the Water Policy Committee to make a Water Action Plan, which shall be approved by the Cabinet (Section 16 of the Water Act). The Action Plan may, from time to time, specify the types of activities, developments or works which may not be done without - (a) prior approval of the Water Policy Committee; or (b) prior amendment of the action plan (Section 17).

Section 12 of the Water Act provides for water resources investigation by the Director of water development and sections 13 and 14 define powers of the Director to obtain information on water.

While exercising his or her powers and function under this Act, the Minister, director, authorised person or any other person shall have regard to - (a) the objectives of this Act; (b) any relevant international agreement regulating the use of water to which Uganda is a party; (c) the provisions of the water action plan; (d) any policy of the Government concerning the decentralisation of administrative responsibilities; (e) any guidelines prescribed by the Minister under this Part of the Act; and (f) any delegation that may have been made by the Minister (Section 43 of the Water Act).

Section 27 of the Land Act seeks to protect rights of women or children or persons with a disability of in regard of land held under customary tenure. This includes also certain water use rights.

The National Environment (Environmental and Social Assessment) Regulations, 2020 take into account effects of projects and activities on vulnerable groups and require a vulnerability analysis to be undertaken by a developer when preparing an environmental risk assessment.

Any person aggrieved by a decision of the director, authorised person or public authority made under this Part of the Act may, within one month, appeal to the Minister in a prescribed manner (Section 38 of the Water Act and reg. 9 of the Water Regulations).

Section 37 of the Water Act provides for inspection of land in relation to water use. Section 44 defines the powers of the Director of Water Development to give directions to take such measures or construct or remove works that may, in the opinion of the director, be necessary or desirable for the investigation, use, control, protection, management or administration of water.

The National Environment Act continues the National Environment Fund. Likewise, the Uganda Wildlife Act continues the Wildlife Fund.

The Constitution in Article XIV requires the Government to ensure access to clean and safe water as a fundamental right.

The Water Act requires the Minister, director, authorised person or any other person shall have regard to any relevant international agreement regulating the use of water to which Uganda is a party (Section 43).

The Water Resources Regulations require the Water Policy Committee to co-ordinate the preparation of and keep under review plans and projects which may in any way affect international water resources, to co-ordinate the formulation of national policies relating to international water resources and to liaise with international regional water resources organisations.

The Nile Basin Initiative Act, 2002 confers legal status in Uganda on the Nile Basin Initiative.

2. WATER RIGHTS

Section 5 of the Water Act vests water rights in the Government.

Notwithstanding any other law to the contrary, no person shall acquire or have a right to - (a) use water; (b) construct or operate any works; or (c) cause or allow any waste to come into contact, whether directly or indirectly, with any water, other than under the provisions of Part II of the Water Act.

Use of water is principally identified by the Water Act as general use of water of a source present on land (Section 7) and limitation on the use of water as may be imposed by the Minister (Section 8).

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Sections 18 and following of the Water Act deal with water permits, which are granted for the construction of works. The Director of Water Development may, by notice in writing to the holder of a water permit for an area, suspend or vary the water permit, if he or she holds that the water available in an area is, or is likely to become, insufficient in quantity or quality for the needs of the persons using or seeking to use it from that source. The Director may specify the quantity of water that may be taken and the duration of a permit where not already specified. A permit may be varied for public purposes.

The Director shall maintain a register of all permits granted and any works or uses of water registered under part III of the Water Act (Section 34). The Minister may, on the advice of the Water Policy Committee, prescribe guidelines to be followed by public authorities while exercising their powers under that Part of the Act (Section 35).

A water permit shall be applied for and granted in the manner and form as prescribed by the Water Resources Regulations (Regs. 3 and following). The Regulations set out the factors the Director of Water Development shall take into consideration when deciding on an application. This includes, among other things, the need to protect the environment.

Certain waterworks and the use of water shall be registered with the Director of Water Development (Reg. 10 of the Water Resources Regulations).

The Water Act stipulates that the holder of a water permit or waste discharge permit who wishes to bring water to, or drain water or waste from, his or her land over land owned or occupied by another person may apply to the Director of Water Development for the creation of an easement if he or she has been unable to obtain an easement by agreement. The Water Resources Regulations provide with respect to an application for an easement.

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3. WATER QUALITY AND POLLUTION CONTROL

One of the objectives of the Water Act is to control pollution and to promote the safe storage, treatment, discharge and disposal of waste which may pollute water or otherwise harm the environment and human health (Section 4). A holder of a water use permit not cause or allow any water to be polluted (Section 20). A condition of a waste discharge permit may be the installation of a pollution control or waste treatment equipment (Section 29). Section 31 defines the offence of water pollution.

The Public Health Act 1935 (Cap. 281) declares water pollution to be a nuisance and it defines a duty of local authorities to take action in respect of polluted water supplies.

The National Environment Act 2019 provides generally for the prevention of and the protection against pollution, including water pollution.

The Petroleum (Exploration, Development and Production) Act provides for the protection of water from pollution caused by petroleum operations (in particular Section 88). Licences shall also not operate near to a cattle dip-tank, dam or water used by human beings or cattle (Section 135). The liability of a licensee for pollution damage may be claimed in accordance with this Act and any other applicable law (Section 132).

The National Environment (Standards for Discharge of Effluent Into Water or Land) Regulations, 2020 prescribe the environmental standards and measures for the treatment of effluent before discharge from various sources into water or land. A person whose activities are likely to produce effluent shall put in place measures to prevent and mitigate pollution in accordance with regulation 4. Th Regulations generally prohibit the discharge of effluent into water or land except in accordance with the Act, the Water Act, the National Environment (Waste Management) Regulations, 2020, the Petroleum (Waste Management) Regulations, 2019, the Water (Waste Discharge) Regulations, these Regulations and environmental standards. In addition, a person shall not discharge into water or land substances prohibited in the Water (Sewerage) Regulations.

The National Environment (Waste Management) Regulations, 2020 provide for the protection of soil and water from waste pollution. Waste management facilities shall not be constructed near water. A waste handler shall take appropriate measures to protect water (regs. 74 and 75).

The National Environment (Oil Spill Prevention, Preparedness and Response) Regulations, 2020 allow the Competent National Authority to determine whether the Government should take over the command of an oil spill response operation. This may be the case when a wetland is affected or a transboundary impact may be involved (reg. 37).

The National Environment (Standards for Discharge of Effluent Into Water or Land) Regulations, 2020 require a person whose processes or operations are likely to generate and occasion discharge of effluent into water or land, to apply, in accordance with the National Environment (Waste Management) Regulations, 2020, for a licence from the Authority to own and operate an effluent treatment plant (reg. 8). a person who intends to discharge effluent shall apply to the lead agency responsible for water resources for an effluent discharge permit in accordance with regulation 9. The Regulations define procedures and conditions for the granting of permits. The Regulations also provide for effluent recording, reporting, monitoring and inspection.

4. WATER AND ENVIRONMENT

The Rivers Act 1907 (Cap. 357) requires dredging in and navigation by vessels to be licensed.

The Water Resources Regulations (Regs. 3 and following) set out the conditions attached to a water permit and these concern also the protection of the environment and the natural water flow.

The Land Act requires a person who owns or occupies land to manage and utilise the land in accordance with the Forests Act, the Mining Act, the National Environment Act, the Water Act, the Uganda Wildlife Act and any other law (Section 43). The same Act requires, in Section 44, the Government or a local government to hold in trust for the people and protect natural lakes, rivers, ground water, natural ponds, natural streams, wetlands, forest reserves, national parks and any other land reserved for ecological and touristic purposes for the common good of the citizens of Uganda. The Government or a local government shall not lease out or otherwise alienate any of these natural resources. The Act also, subject to section 44, reserves all rights in the water of any natural spring, river, stream, watercourse, pond, or lake on or under land, whether alienated or unalienated, to the Government; no such water shall be obstructed, dammed, diverted, polluted or otherwise interfered with, directly or indirectly, except in pursuance of permission in writing granted by the Minister responsible for water or natural resources in accordance with the Water Act (Section 70).

The National Environment (Hilly and Mountainous Area Management) Regulations, 2000 require owners or occupiers of land in mountainous and hilly areas to carry out measures for the protection of water catchment areas (reg. 4).

The National Environment Act requires in Section 112 project briefs (a summary statement of the likely environmental impacts of a proposed project) to be submitted by developers for specified projects (set out in Schedule 4). Where the Authority finds that the project is likely to have significant adverse impacts on the environment or that the project brief does not disclose sufficient mitigation measures to cope with anticipated impacts, the Authority may reject the project or may require the developer to undertake an environmental and social impact assessment.

Every holder of an exploration licence or a mining lease shall carry out an environmental impact assessment of his or her proposed operations (Section 108 of the Mining Act).

The National Environment (Environmental and Social Assessment) Regulations, 2020 provide for “environmental and social impact assessment”, which means an analytical process that systematically examines the likely environmental and social impacts of a proposed project, evaluates alternatives and designs appropriate mitigation, management and monitoring measures, taking into account interrelated socio-economic, cultural and human health impacts, both beneficial and adverse. They apply to a project or activity for which a project brief is required to be undertaken in accordance with section 112 and Schedule 4 of the National Environment Act, an environmental and social impact study is required to be undertaken in accordance with section 113 of the Act and Schedule 5 of the Act or an environmental risk assessment is required under section 114 of the Act. It also applies a project or activity proposed to be located in or near an environmentally sensitive area in accordance with section 113.

The National Environment (Audit) Regulations, 2020 apply to an environmental audit for a project or activity for which environmental and social assessment has been undertaken and any other project or activity as may be prescribed by the Authority. Projects and activities are set out in Schedule 3. Water-related activities are included in the list of Schedule 3.

The National Environment Act provides in Sections 54 and 55 for the protection of wetlands. These sections define the principles of management of wetlands and introduce restrictions on the use of wetlands. The Government or a local government shall not lease out or otherwise alienate any wetland. A wetland subject to conservation by the local community shall be an area in which a person may carry out traditional activities such as fishing, hunting and collection of water for domestic use. Also water resources of rangelands shall be protected by the Act (Section 66).

The Uganda Wildlife Act, 2019 provides for the establishment of wildlife protected areas (a form of a wildlife conservation area) to be established on land or water. The purpose of declaring a wildlife protected area shall be, among other things, to assist in water catchment conservation (Section 25 to 27).

Waterworks or use for mining purposes shall be undertaken only with an authorization under the Water Act (Section 6).

The Mining Act grants water rights to holders of mining rights and provides for the protection of water resources from mining operations. Mining rights shall only be exercised with the written consent of the appropriate Minister or other relevant authority near any cattle dip, tank, or similar body of water (Section 78).

Except as otherwise provided in this Act, all rights in wetlands and in the waters of any spring, stream, river, watercourse, pond or lake on or under public land, are vested in the Government; and no such wetlands or water shall be obstructed, dammed, diverted, polluted or otherwise interfered with, directly or indirectly, except in accordance with the provisions of Part II of the Water Statute, 1995 (Section 86 of the Mining Act).

Every application for a mineral right shall indicate the intended use of water (and the construction of waterworks) by an applicant. Part II of the Water Statute, 1995 shall apply in relation to and for the purpose of acquiring the right to use water (Section 87).

Environmental restoration plan shall be included in an exploration licence or mining leases. Performance bonds in respect of restoration may take into account hydrological aspects (Section 110-112 of the Mining Act).

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5. WATER SERVICES AND SANITATION

Part III concerns water supply and sewerage in appointed areas. Section 46 of the Water Act requires the Minister an area declared to be a water supply area or sewerage area under section 45 to appoint any person or public body to be - (a) a water authority for any water supply area; (b) a sewerage authority for any sewerage area. The Minister shall enter into performance contracts with each authority and may give directions to any authority on general policy (Sec.48). The supply of any services by an authority to any person shall be a discretion of the authority; but where the authority chooses to supply services, the water or other service quality shall be that required by regulations or by a performance contract with the authority (Sec. 49).

The Water Act in Section 50 allows a set of individuals or households to form a water user group and collectively plan and manage the point source water supply system in their area. A water user group shall operate through a water and sanitation committee. Where a water supply system is established by and serving more than one water user group, each operating through a water and sanitation committee, the committees involved shall form a water user association which shall consist of an agreed representative of each committee. An association shall manage the water system and may with the approval of the director set tariffs and collect revenue for the maintenance of the system. Local authorities may organise the formation of water user groups and associations within their jurisdiction. These shall work under direction of the Director of Water Development.

A water authority may, by notice, prohibit, regulate or restrict the consumption of water supplied (section 61) and may reduce or interrupt water supply under Section 82.

Pursuant to the Local Governments Act 1997, local governments are responsible for the provision and maintenance of water supplies in liaison with the Ministry responsible for natural resources, where applicable (water supplies outside the jurisdiction of the National Water and Sewerage Corporation).

The Kampala Capital City Act of 2011 assigns certain water functions to the Kampala city authority, in particular water supplies outside the jurisdiction of the National Water and Sewerage Corporation.

The Water (Water Supply) Regulations concern connections to the water supply system of an authority under section 56 of the Water Act in a water supply areas declared under section 45 of Act. A water authority shall, whenever it requires a person to connect land to a main ensure that the water connection is made to the relevant land (Reg. 15). No person shall construct a water connection, private water pipe or connected fittings without written approval of a water authority (reg. 16). Misuse of water or unauthorised use of water prohibited.

The Uganda Standard for Potable Water sets minimum requirements for physical, chemicals and microbiological characteristics that affect safety and quality of drinking water. It also specifies requirements and methods of monitoring of quality of potable water (treated potable water and natural potable water) and requires drinking water systems operators to develop, implement and maintain a water safety plan taking into consideration the potential risks to the safety of the water from the supply catchment area to the consumer.

Please see 5a). Sewage works may be constructed under Section 62 and following of the Water Act.

The Public Health Act 1935 (Cap. 281) requires wells and other water bodies to kept in sanitary condition. It also provides with respect to sewerage.

6. AGRICULTURE

The Water Act states that one of its objectives is to allow for the orderly development and use of water resources for purposes other than domestic use, such as the watering of stock, irrigation and agriculture. The Act defines "domestic use "the use of water for the purpose of - watering not more than thirty livestock units; irrigating a subsistence garden; and watering a subsistence fish pond. A water permit shall also be for irrigation purposes (Water Resources Regulations).

The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 authorize agriculture and fish farming (regulated activities) only in a specific type wetlands (reg. 8).

Please see 6a).

The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 require local governments to promote soil conservation by controlling the grazing of livestock.

Please see also 6a).

The Public Health Act 1935 (Cap. 281) allows the Minister to take action against crops or irrigation that may be unhealthful or unsanitary and may cause any permit or authorisation issued for the diversion, abstraction or use of water for such purpose to be (Section 120).

7. WATER RESOURCES DEVELOPMENT AND INFRASTRUCTURE

No person shall construct or operate any works unless authorized to do so by the Director of water Development by a water permit under Part II of the Water Act (Section 18). Section 20 sets out standard conditions for holders of a water permit.

A water authority may acquire, construct or operate works for the supply of water. This may done also outside the area for which the authority is appointed (Section 53 of the Water Act). It may also carry out waterworks under section 76. An authority shall not abandon any of its works without the Minister’s approval. Protected zone may be established around waterworks (Section 81).

The Water Resources Regulations 1998 require, in respect of waterways, works for the maintenance of the drainage regime to be carried out by a water permit holder. Also other works are requires to be carried out (reg.7).

8. GROUNDWATER

The Water Resources Regulations 1998 apply specific conditions to the (application for) a water use permit regarding groundwater. For example, an application relating to groundwater shall be accompanied by a borehole completion report specified in the Third Schedule to the Regulations. Specific rules apply for drilling or boreholing works.

The Water Act allows the Director of Water Development to monitor boreholes (Section 12).

9. WATER-RELATED HAZARDS, DISASTER RISK MANAGEMENT AND REDUCTION

The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations, 2000 protect wetlands also for purposes of flood control.

The Water Resources Regulations require information on flood control to be provided in the application of a water permit.

The National Environment Act requires an impact assessment to be carried out for flood control schemes.

The Water Act, in Section 8, allows the Minister, at times of shortage or anticipated shortage to- (i) regulate water to be used for particular purposes; (ii) regulate, restrict or prohibit the application of a water permit, waste discharge permit or other permit or licence issued under this Part of the Act; (iii) on the advice of the Water Policy Committee, declare any part of Uganda to be a controlled area and establish a comprehensive and integrated plan for managing land, water and other natural resources within that area. The Act also allows a water authority to restrict or discontinue water supply if the water authority believes that the reduction or discontinuance is necessary to avoid future water shortage (Section 82). the quantity of water or discontinue the supply of water

The National Environment Act provides for action to mitigate effects of climate change. One of its management principles is that that the implementation of public and private projects, approaches that increase both the environment and people's resilience to impacts of climate change are prioritized.

The same Act, in section 69, requires a leas agency ("lead agency" means a ministry, department, agency, local government or public officer in which or in whom the functions of control or management of any segment of the environment are vested) to take measures and issue guidelines to address the impacts of climate change, including measures for mitigating and adaptation to the effects of climate change, and to liaise with other lead agencies to put in place strategies and action plans to address climate change and its effects.

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INTERNATIONAL AGREEMENTS

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