A framework for groundwater use authorisations as part of groundwater governance in water scarce areas within South Africa

English: South Africa has adopted a law and policy framework for water, which is based on the constitutional recognition of the right of access to water. The National Water Act, Act 36 of 1998 is currently internationally recognised as one of very few acts that recognise basic human needs. South Africa as a country can be proud of this, even though proper implementation of the act is still lacking. The act is in line with the Constitution of the Republic of South Africa. In South Africa, groundwater resources are lacking proper management and effective groundwater governance. This is mainly due to a lack of knowledge and skills, especially with regard to the development, sustainable use, protection and principles of groundwater resource management and groundwater governance. Proper and effective management of groundwater resources and groundwater governance principles may contribute to the alleviation of poverty in many areas of South Africa. In order to manage groundwater resources in a sustainable manner, the greatest groundwater challenge is to ensure efficient groundwater governance and proper effective groundwater resource management. The over-abstraction of groundwater within certain areas of South Africa is of great concern and may have many negative consequences. The depletion of groundwater resources and the deterioration of groundwater quality have a negative health impact on large sections of rural communities that solely and/or partially rely on groundwater to meet their basic human needs. Water quantity- and quality-related problems are directly linked to many other crises such as poor school attendance, food insecurity, poor nutritional status among both children and HIV/Aids affected people and decreased productivity. Competing demands for water between households, communities, agriculture and industries will increase over time and will be as a result of population growth and tension and conflict. Proper groundwater governance and groundwater resource management will significantly contribute to the reduction of over-abstraction, increase in sustainable groundwater abstraction and better groundwater quality. The research study focused on challenges and solutions that will positively contribute to the improvement of groundwater governance, groundwater resource management and the handling of groundwater use authorisations for irrigation purposes with special reference to the agricultural sector in South Africa. The main objective of this study was to develop a framework for groundwater use authorisations as part of groundwater governance in South Africa and was reached by means of a stages approach. The research methodology used in this study was action research and the researcher and practitioner was the author of this thesis. The study repeated the action research methodology over five stages: Stage 1 provided an overview and discussion on groundwater governance in South Africa. Stage 2 provided an overview of food security, water security and the economic value of water in the agricultural sector versus the allocation of groundwater use authorisations. Stage 3 provided a comparison and evaluation of the National Water Act (Act 36 of 1998) with international water laws. Stage 4 provided a discussion on the groundwater reserve determination process of South Africa. Stage 5 provided a framework for processing groundwater use authorisation applications in the agricultural sector. Various problems were identified during the research study and possible solutions were discussed. This study concluded that even though the South African water related legislation is too diverse, broad and with contradicted regulations and policies, it was extremely difficult but not impossible to develop a framework for groundwater use authorisations as part of groundwater governance within South Africa. As stated in chapter 1 the research hypothesis can therefore be accepted. The researcher, however, recommends that this framework should be used as a basis to improve groundwater governance and the National Water Act of South Africa.