ABSTRACT
According to the National Water Act a landowner does not own the water under his land. The use of groundwater from private land for municipal domestic supply is therefore possible and promoted. The National Water Act allows the Department of Water Affairs the right to access private land for monitoring purposes, but this right is not extended to municipalities as Water Services Authorities. The National Water Act gives the municipality the right to claim a servitude over private land in order to realise a water use authorisation (i.e., after being licensed), but the municipalities must apply the Water Services Act in order to lay services on private properties. Some municipal ordinances (laws passed by a municipality or local authority) state that the only compensation required for the laying of any service, is that which is calculated based on the value of land under the servitude area. However, no legislation overtly allows a municipality to gain entry for groundwater exploration or drilling, prior to laying of the service. The problems encountered and the hurdles overcome in groundwater development from private land for municipal supply are discussed.
