Water Laws

Water Utilization and Control Act, Amendment and Regulations; Urban Water Supply Act and Waterworks Ordinance; Public Health Sewerage and Drainage Ordinance; and Tanzania Bureau of Standards Act. In this handbook, the provisions of each law are usually discussed separately. However, in the case of water utilization and control of water pollution, at least six different laws have relevance. Therefore, the relevant water laws are discussed in a framework, as they fit together for the regulation of water. The framework is complex and water users must pay attention to the extensive details in order to comply with the relevant laws. It should be noted that the overall discussion of water regulation is included here. However, readers should keep in mind the specific requirements in the case of industrial development.

Access to Water: Water Rights and Water Supply. Most water¹ in Tanzania is vested in the United Republic such that no person may "own" water, but may instead have the right to use water. Some rights to use water are automatic. For example, anyone with lawful access to water may use that water for "domestic purposes" (which are defined by the Water Utilization and Control Act or WUCA to be for watering, dipping or spraying stock) and any owner/occupier of land may take limited quantities of water (as specified in WUCA) from a borehole or well without needing a special water right.

In addition, owners/occupiers may construct works on their land for conservation of rainfall and use the water as long as those works are not in a river or stream. Holders of mining licenses, prospecting licenses, mining claims and exclusive forestry licenses are each given implied water rights in their respective licenses, subject, however, to certain conditions. In all other cases, where water is intended to be used, a water right (WR) must be acquired or use of the water is illegal. A water right is defined as a "right to divert, dam, store, abstract and use water." No water may be used except in accordance with the grant of a water right or the legal requirements covering the above uses.

A WR serves several purposes. First, it allows the authorities to be aware of the quantities of water being taken from and available from water sources. Second, it provides a framework for allowing authorities to control pollution discharges.

The process for acquiring a WR is as follows. First, an applicant for a water right must apply to the relevant Water Officer for the right to take water.² The application form for a WR is included in Appendix A.

WRs may be granted for the following purposes:³

The application form requires applicants to explain to what extent agricultural businesses, domestic water use and supply of water will be affected. Applications are then published in the Government Gazette, in newspapers and posted at the District Office of the District concerned.

The public is given the opportunity to object to the application by filing objection at relevant water board. The process for objections is laid out in GN 233, 1975.

The District Agricultural Officer, District Executive Director and the Regional Water Engineer are then required to make a report regarding the application. The Water Officer must then consult the relevant water board and consider the reports of the above.

For WRs sought from water bodies within urban areas which are under the control of the National Urban Water Authority, the Water Officer must seek the views of NUWA. Finally, the Water Officer determines, after considering the advise of the Board, whether to grant a WR.

Where a water user seeks to acquire water within a town, another process is required. For example, within those towns declared as "specified towns", the National Urban Water Authority (NUWA) shall supply water to the user, after application and payment of certain fees, etc. Research of the regulations issued under the Urban Water Supply Act (UWSA) indicates that only one "specified town" has been declared: Dar es Salaam. For non-specified towns, water authorities which were created under the Waterworks Ordinance will play the same role that NUWA plays for specified towns. Some of the specific responsibilities of a local water authority include construction and maintenance of waterworks, distribution of water (subject to the approval and authority of the President) (§5), laying of pipes (§7), entry onto land for purpose of omitted in original

It should be noted that NUWA or the other water authorities will have to seek a water right in order to supply their customers, and that they are also bound by the relevant conditions on the water right. In addition, where NUWA or another water authority supplies water for drinking, that water 's quality must meet the Temporary Domestic Drinking Water Standards as specified in the Water Utilization Control Act, Second Schedule. Domestic water supply is defined in the Urban Water Supply Act; however, drinking water is not defined in any of the laws.

Water Pollution. As noted, issuance of WRs also serves the function of assisting the government in regulating water pollution. In addition to the main laws, several other laws help to achieve this function. First, the WUCA implies that WRs should not be granted unless the applicant has the ability to meet the relevant pollution standards discussed below (this prerequisite was confirmed by the relevant water authorities). Specifically, the WUCA requires that "precautions be taken to the satisfaction of the Water Officer to prevent: Accumulations in any river, stream or water course of silt, sand, gravel, stones, saw dust, refuse, sewerage, sisal waste or any other substance likely to affect injuriously the use of such water."

Several classifications and sub-classifications exist which determine finally what the relevant pollution control standard shall be. Water users, systems, uses, composition of pollutants, categories of water sources, and directness of discharge are all relevant.

Use Of Water. First, specific standards exist for production of certain products which are certified under the Tanzania Bureau of Standards (TBS) Act. Where the process involves water use, the relevant TBS production standards which address water use will apply.

Discharge Of Effluents/Water Back To Receiving Waters. Second, standards are established under WUCA for effluents and receiving waters and it is an offense not to abide by these standards before and during discharge into water courses, receiving waters or sewers. If a WR is granted for a mining, forestry, power or industrial purpose, the following narrative standards apply. Users shall:

1. Return the water to the same water body or other water body as authorised by the Water Officer
2. Return the water substantially undiminished in quality
3. Not pollute the water to the extent of directly or indirectly causing injury to public health, livestock or fish, crops, orchards, gardens which are irrigated by the water, or any product which uses the water in its production process.
4. Treat the water to meet the [numeric] water quality standards specified below.⁴

Third, for commercial, industrial and trade waste systems, no discharge from these sources is allowed into receiving waters without a "consent" granted by the Water Officer. The public has the right to object to granting of a "consent".

Consent to discharge also includes consent to discharge into underground strata. In practice, however, issuance of a WR is deemed to be a consent and no separate "consent" requirements exist.

Also, no discharges from commercial, industrial and trade waste systems are permitted within 230 metres of a borehole, well or other water body.

Fourth, specific TBS standards exist for treatment of effluents. For example, standards exist for phosphate fertilizers⁵ and tanneries⁶, etc. For those products which are certified by TBS, the relevant standards must be met. In addition, TBS has made general standards for sewage effluent and evaluation.

Fifth, different categories of discharge help to determine the relevant numeric standards. For example, the WUCA establishes two sets of standards for effluents⁷ (end of pipe standards): Those for direct discharge into receiving waters, and, for trade and industrial effluents, those for indirect discharge via municipal treatment works.

Sixth, WUCA also establishes numerical standards for the receiving waters themselves (water quality standards),⁸ based on the particular category of the receiving water into which the effluent is discharged. Maximum permissible concentrations for different chemicals and compositions are given for the three categories, which are as follows:

1. Water suitable for drinking water supplies, swimming pools, food and beverages manufacturing industries, pharmaceuticals manufacturing industries, or industries requiring a water source of similar quality.
2. Water suitable for use in feeding domestic animals, in fisheries, shell cultures, recreation and water contact sports.
3. Water suitable for irrigation and other industrial activities requiring water of standards lower than those of water in category 1 or 2.

Until now, it appears that the government has not yet assigned different receiving waters to particular categories.

Seventh, the Public Health (Sewerage and Drainage) Ordinance also comes into the picture for indirect discharges into receiving waters. Notwithstanding the provisions of the WUCA which establish standards for indirect discharges into receiving waters via sewers, several specific prohibitions exist on indirect discharges in this Ordinance. First, no discharge is allowed into the sewer system without an appropriate hook-up, to be secured from the municipal authority. Second, no discharge of foul or storm water⁹ is permitted from a manufacturing process or a factory without the agreement of the municipal authority. Third, discharges into sewers should be only those types which are going to the corresponding type of "drain". For example, soil and waste water should not go into drains for storm water; storm water should not go into a drain for foul water without special permission of the municipal authority. Fourth, it is an offense to permit the following substances to be emptied or to pass into any sewer or into any drain:

1. Any matter likely to injure the sewer or drain, or to interfere with the free flow of its contents, or to effect prejudicially the treatment and disposal of its contents; or
2. Any chemical refuse or waste steam, or any liquid of a temperature higher than 110 F., being refuse or steam which, or a liquid which, when so heated, is, either alone or in combination with the contents of the sewer or drain, dangerous or the cause of a nuisance, or prejudicial to health,
3. Any petroleum spirit, or carbide or calcium, except, subject to the provisions of paragraphs (a) and (b) of this sub-section, into a drain specially constructed for the purpose.

Further, the Ordinance does not allow: 1) Draining into storm water overflow; 2) Direct drainage into public sewer without sufficient water; or, 3) Draining from more than 100 feet from premises.

The Public Health (Sewerage and Drainage) Rules of 1955 give further specific requirements for notice by persons to be given to the local authority requiring communications with a public sewer. Further, notices, plans or applications for permission are also required to be given to the local authority for the following:

• Notice of intention of owner of premises to lay or repair a drain or private sewer through private land
• Notice requiring execution of drainage work in existing buildings
• Application for approval of drainage plans
• Plan showing property to be drained and the position of adjoining streets or roads
• Notice to authority that drainage works are ready for inspection and testing
• Certificate of Drain Test
• Foulwater Drainage/Storm water drainage
• Notice Requiring the Replacement of Earth-Closets by Water-losets
• Notice Requiring Reconstruction of Insufficient or Defective Latrine Accommodation
• Notice Requiring Execution of Works in Case of Defective Latrine Accommodation Capable of Repair

Eight, it is an offense under the WUCA to use water for a purpose other than that supplied or to allow any earth, material or liquid in such a manner or place that it may be washed, fall or be carried into the waterworks. Further offenses include: Damage to or alteration of waterworks or internal supply, misuse or waste of water from waterworks, bathing, washing or throwing things into waterworks, and construction of a structure on a waterworks. Similar offenses are delineated for other waterworks areas under the Waterworks Ordinance.

Monitoring Of Performance. Several provisions of the laws also relate to monitoring of performance. For example, it is required that "returns" (reports) be made by WR holders to the Water Officer setting out the nature of wastes or effluents provided by his use of water. The WR holder shall also install or facilitate the installation at the point of discharge all machinery and other facilities necessary for the taking of samples and the collection and treatment of effluents. In addition, the Water Officer is given powers to require submission of "information" from holder of WRs, and may enter and inspect any premises. Surprise sampling is carried out by the Laboratory Division at Ubungo and includes sampling, analysing, checking water upstream/effluent downstream, etc. The TBS has also prepared several standards for "sampling methods" of pollution. For example, standards exist for sampling of industrial effluents and for micro-biological examination of effluents. Under their authority to issue product specifications and process standards, TBS may also make surprise inspections.

Enforcement. Where a Water Officer finds a WR holder to be in violation of the standards or conditions of the WR, he may serve a notice of "default" on the WR holder, and give the holder an opportunity to rectify the default. If no improvement occurs within the specified time, the Director of Public Prosecutions may prosecute the WR holder in court for an offense under the relevant Act. In addition, the WR may be revoked or diminished for failure to comply with conditions of the right. Penalties contained in the Water Utilization and Control Act were recently increased.¹⁰

Finally, it is prohibited under the Penal Code to foul water and air and any violation of that law may also \ lead to prosecution by the Director of Public Prosecutions. Also, as discussed above in section 4.2, recent regulations to the Fisheries Act (GN No. 317, 1989) prohibit water pollution and apply the polluter pays principle to require violators to clean the polluted water within a reasonable period and at own expense.

1. The term "water" for purposes of regulation under the Water Utilization and Control Act does not include: tidal water or water used solely for extracting minerals therefrom, or sub-surface water which is not brought to the surface through construction of works.
2. The WUCA permits the Minister to establish national water sources and water basins; the Principal Water Officer may grant WRs for the former, while a Regional Water Engineer serves as the Water Officer and grants WRs for the latter. National Water Supplies have been declared in GN 242, 1975 and GN 59, 1978.
3. GN 233, 1975.
4. WUCA, section 17 and 18A
5. "Tolerance Limits for Industrial Effluents Discharged into surface waters - Phosphatic fertilizer Industry." TZS 343:1989. UDC
6. "Tolerance Limits for Industrial Effluents Discharged into Inland Surface Water - Tanning Industry. " TBS. TZS 344:1989. UDC 628:541.
7. See Appendix B for a reproduction of these standards.
8. Ibid.
9. "Foul water" is defined as "soil water and waste water." "Soil water" means any discharge from water closets or urinals and all water containing excremental liquid or substance. "Waste water" means liquid waste of a non-excremental nature but does not include storm water. "Storm water" includes surface or rainwater. Public Health Sewerage and Drainage Ordinance, section 2.
10. Miscellaneous Laws Amendments 17/89.