ENERGY & NATURAL

RESOURCES LAW II

WATER RESOURCES REGULATION IN

GHANA
 OUTLINE

 Introduction
 Definition of water resources
 Ownership of water resources.
 Statutory Regulation of water resources in Ghana
 conclusion
 INTRODUCTION

Like all other natural resources, utilization of water resources is regulated. The
common law riparian doctrine lays down the right of use of water resources by
riparian right holders. Statutory inroads have been made to some of these common
law principles. Statutory regulation of water resources have been made to ensure
consistency and effective management of water resources in Ghana.
 DEFINITION OF WATER RESOURCES

Section 37 of the Water Resources Commission Act, 1996 (Act 522) defines water
resources as:
“all water flowing over the surface of the ground or contained in or flowing
from any river, spring, stream or natural lake or part of a swamp or in or
beneath a watercourse and all underground water but excluding any stagnant
pan or swamp wholly contained within the boundaries of any private land.”
 OWNERSHIP OF WATER RESOURCES

Section 12 of Act 522 provides that the property in and control of all water
resources is vested in the President on behalf of, and in trust for the people of
Ghana.

This accords with the general constitutional provisions that all natural resources
are owned by the state. This gives the state the power to regulate the utilization
of water resources in the country.
 REGULATION OF WATER RESOURCES IN GHANA
•The first major statutory regulation of water resources was the then Rivers Ordinace 1951 (CAP
226).

•This Ordinance was meant; “TO REGULATE THE USE OF CERTAIN RIVERS IN THE
GOLD COAST”

•Note that the ordinance was applicable only to rivers recognized in the 1 st schedule to the
Ordinance, and such other rivers that the governor in Council would by publication in the
Gazette include.
•The 1st schedule listed the rivers in Ghana to which the law applied. The Cap 226 required a
person to obtain licence to be able to carry out dredging in any river. Diverting water from a
river course required license. The master of every steam vessel on a river shall take out a licence
for such vessel.
 WATER RESOURCES COMMISSION ACT, 1996 (ACT
522.

•The purpose of the Act, as gleaned from the long title of the Act, is to establish a
Water Resources Commission, and to provide for the regulation and management
of the utilisation of water resources in Ghana and for related matters.

•Note that only Part III of the Rivers Ordinance has been repealed. This means that
all the other parts of the Ordinance that are not inconsistent with the 1992
Constitution and, of course, Act 522 will still be applicable
 WATER USE REGULATIONS, 2001(LI 1692)

• IN exercise of its powers under Act 522, the Water Resources

Commission made the Water Use Regulation, 2001 (LI 1692)
to regulate water use, grant of permit, enforcement, penalties
and related matters.
 THE WATER RESOURCES COMMISSION

•Section 1 of the Act establishes the Water resources Commission as the main
regulatory body in water resources management and uses.

•The Commission shall be a body corporate with perpetual succession and

may sue and be sued in its corporate name.

•In the discharge of its functions, the Commission may purchase, hold, manage
or dispose of any movable or immovable property and may enter into such
contracts and transactions as may be reasonably related to its functions.
(sec.1 (3)
 FUNCTIONS AND POWERS OF THE COMMISSION
 The Commission is responsible for the regulation and management of the utilisation of water resources,
and for the co-ordination of any policy in relation to them. Sec. 2
 The Act spells out the functions of the commission as follows:
(a) propose comprehensive plans for the utilisation, conservation, development and improvement of water
resources;
(b) initiate, control and co-ordinate activities connected with the development and utilisation of water
resources;
(c) grant water rights;
(d) collect, collate, store and disseminate data or information on water resources in Ghana;
(e) require water user agencies to undertake scientific investigations, experiments or research into water
resources in Ghana;
(f) monitor and evaluate programmes for the operation and maintenance of water resources;
(g) advise the Government on any matter likely to have adverse effect on the water resources of Ghana;
(h) advise pollution control agencies in Ghana on matters concerning the management and control of
pollution of water resources; and
(i) perform such other functions as are incidental to the foregoing.
 MAKING OF REGULATION BY LI. (SEC. 35)
In order to give effect to the objects of the Act and in order to fulfil its functions, the Act
empowers the Commission to make Regulations:

(a) for preserving existing uses of public water;

(b) for controlling any change in the course, current or cross-current of any contained
surface water in order to obtain the most beneficial use of the water;
(c) relating to the declaration of water emergencies;
(d) for regulating the use of contained water and ground water;
(e) for the carrying out of investigations in respect of any function of the Commission;
(f) for the protection of watersheds;
(g) for the granting of permits to discharge waste into water bodies;
(h) for prescribing the acceptable levels of pollution;
(i) to regulate or prohibit the doing of any act by any person in a protected catchment
area;
(j) for the levying of charges under this Act; and
 WATER RIGHT
 Prohibition of use of Water without Authority. (Section 13)
(1) No person shall—
(a) divert, dam, store, abstract or use water resources; or
(b) construct or maintain any works for the use of water resources except in
accordance with the provisions of this Act.
(2) Nothing in subsection (1) of this section shall prevent the use of water resources
for the purpose of fighting fires.

 Use of Water Resources for Domestic Purposes. (Section 14)

(1) A person who has lawful access to water resources may abstract and use such
water for domestic purposes.
(2) Nothing in subsection (1) shall authorise the construction or any works for the
purpose of abstracting water resources
 WATER RIGHT CONT’D
(GRANT OF WATER RIGHT. (SECTION 16)
(1) Any person may apply to the Commission in writing for the grant of water right.
(2) The Commission shall on receipt of an application make such investigations as it considers
necessary including consultations with the inhabitants of the area of the water resources concerned.
(3) The Commission shall publish in the Gazette notice of an application and the area in respect of
which the application is made.
(4) A person who claims that his interest will be affected by the grant of water right may notify the
Commission within three months of the notice in the Gazette of his objection to the grant of the water
right and shall specify the grounds of the objection.
(5) The Commission shall consider the objections made in respect of it and shall after consultation with
such persons and authorities as it may consider necessary, determine whether the water right shall be
granted.
(6) Where the Commission is satisfied that the water right shall be granted, it shall so grant the right.
(7) The Commission may grant water right subject to such conditions as shall be specified in the
document for the grant.
(8) A grant of water right shall be subject to ratification by Parliament.
 WATER USE PERMIT.
(Regulation 1 (LI 1692)
Subject to the Act, a person may obtain a permit from the Commission for
(a) domestic water use,
(b) commercial water use,
(c) municipal water use,
(d) industrial water use,
(e) agricultural water use,
(f) power general water use,
(g) water transportation water use,
(h) fisheries (aquaculture) water use,
(i) environmental water use,
(j) recreational water use, and
(k) under water (wood) harvesting.

NOTE: Please see Regulation 25 for definition of the various types of water uses mentioned above.
 REFUSAL OF WATER PERMIT
The commission may refuse to grant water use permit where the Commission has
reasons based on:
(a) technical data,
(b) sustainability of the water resources,
(c) national security
(d) public safety, or
(e) other reasonable justification
 TERMINATION, SUSPENSION, OR VARIATION OF
WATER RIGHTS
 Water Right may be Terminated for Breach of Condition. Sec 22

 The commission may also terminate or Limit water right for Non-Use. Sec 23

 Water right may also be terminated or limited where Water is required for Public Purpose
– sec 20
This is however subject to payment of appropriate compensation to the right holder.

 Where water right has been granted and the Commission is of the opinion that the water
resource in any area is insufficient or is likely to become insufficient as a result of the grant, it
may by notice in writing to the holder of the water right in that area, suspend or vary any right
to abstract or use the water resource in that area, for such period as the Commission considers
necessary. Section 19 (1)
 DECLARATION OF CONTROLLED AREA. (SEC 31)

Where the Minister is satisfied that special measures are necessary for
the protection of water resources in or derived from any area, he may by
executive instrument declare that area or any part of that area, to be a
protected catchment area.

This may affect existing water right. The right may be terminated,
modified or limited but subject to payment of compensation in appropriate
circumstances.
 PENALTY AND OFFENCES (SEC. 34)
A person who—
(a) diverts, dams, stores, abstracts or uses water resources contrary to section 13 (1) (a);
(b) constructs or maintains any works for the use of water resources contrary to section 13 (1) (b);
(c) does not comply with a request made under section 29;
(d) obstructs the Commission in the performance of its functions under section 30 (1); or
(e) does not comply with the directives given by the Minister under section 33 (2) commits an
offence.
 Under the Act, a person found guilty of any of the offences above can be sentence to 3 years
imprisonment