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National Water Act, 1998 (Act No. 36 of 1998)

A Pricing Strategy For Raw Water Use Charges

5. Implementation of the New Pricing Strategy

5.3 Pricing Strategy for Water Use

 

 

In terms of the Act, the Minister may, with the concurrence of the Minister of Finance, from time to time by notice in the Gazette, establish a pricing strategy for charges for any water use (S 56(1)). This pricing strategy may contain a strategy for setting water use charges-

for funding water resource management (S 56(2)(a));
for funding water resource development and use of waterworks (S 56(2)(b)); and
for achieving the equitable and efficient allocation of water (S 56(2)(c)).

 

Each of these are discussed in more detail below. The pricing strategy can only be applied to water management areas or schemes where annual water use has been registered or licensed. In the process of registration an assessment will be made of the average annual volumetric use of all water users. The database of registered or licensed annual volumetric use, as well as the estimated annual growth in demand of authorised water users supplied from Government waterworks, will form the basis on which unit sectoral charges will be calculated for each water management area, scheme or system. The end user sectors for which unit sectoral charges for 1st tier water will be calculated and announced annually on a water management area basis are the following:

water services authorities
industrial, mining and energy
irrigation
stream flow reduction activities

 

The charge for storage dams from which no abstraction takes place (excluding dams storing waste water), as defined under 5.2, will be dealt with under the industrial / mining / energy sector. The determination of annual estimated water use by means of the registration process for the irrigation and stream flow reduction sectors is set out in Part 7 of this document.

 

5.3.1 Funding water resource management

Resource management expenditure relates to those activities that are required to regulate, manage and maintain the water resource or catchment. These costs differ from overheads in that they are not related to water sold from individual schemes but are rather the costs related to the management of all water within a water management area as defined in terms of the national water resource strategy (Chapter 2, Part 1 of the Act). These can include the costs of the following functions to be performed by the Department and/or water management institutions exercising delegated or assigned powers under the National Water Act:

 

Planning and implementation of catchment management strategies in terms of Chapter 2, Part 2 of the Act.
Monitoring and assessment of water resource availability, quality and use.
Water quantity management, including flood and drought management, water distribution, control over water abstraction, storage and steam flow reduction, and to promote the beneficial use of water.
The evaluation and processing of water use licensing and registration applications.
Water resource protection, water quality management and water pollution control.
Water conservation and demand management.

 

Initially, water resource management will continue to be the task of the Department of Water Affairs and Forestry. However, the National Water Act clearly states that the intention is to create Catchment Management Agencies (CMAs) in a staged and progressive manner and to delegate or assign significant water resource management functions to these bodies. Where CMAs do not exist, the DWAF will function as the CMA. The activities of the CMAs will be funded from the water resource management charges, which may be made by and are payable to the relevant CMA.2 In water management areas where not all catchment management functions have been delegated to CMAs, the relevant CMA will collect charges, and funds due to the DWAF will be passed on to the Department. If the CMA exists, but lacks capacity, this can be done by the DWAF and the relevant portion passed on to the CMA.

 

To deal with the determination of charges for water resource management, the DWAF’s budget has been restructured to contain an Integrated Catchment Management Trading Account providing for the allocation of departmental costs and collection of revenue with regard to the following main activities, under which headings the functions mentioned above can be grouped:

 

Functional support (from regional offices), involving indirect costs or overheads.
Planning and implementation of catchment management strategies. This activity includes the cost of establishing CMAs and the development of a catchment management strategy for a particular catchment within a water management area.
Dam safety control. These activities are defined in the National Water Act and are conducted to ensure the safeguarding of human beings and their material belongings against the failure of storage dams.
Water quality management. This activity entails the water quality protection of aquatic ecosystems and the management of return flows and the receiving water quality of all users to enable the sustainable fitness of use thereof.
Water utilisation. This activity entails water quantity management, allocations and hydrological and geohydrological assessment and monitoring.
Water conservation (including the Working for Water programme). This activity also includes demand management, which comprises measures to reduce the user demand for water, and the assessment and monitoring of sectoral demands. The Working for Water programme entails the eradication of water consuming invasive vegetation in water catchments, with the view of enhancing the in-stream water availability for relevant water users and the Reserve, and thus the postponement of the creation of additional storage for meeting increasing water demands.

 

The annual budgets for the listed activities can include the costs of the DWAF regional and / or CMA operational personnel and administrative expenditure, consulting services and work performed by contractors.

 

2 CMAs may also receive funding from funds appropriated by Parliament, and from other sources.

 

Implementing a charge to fund water resource management

 

The determination of water resource management charges by initially DWAF and later CMAs, will proceed in the following manner:

 

Cognisance will be taken of water management areas established in terms of the national water resource strategy, within which the DWAF and/or CMAs will conduct integrated water resource management.

 

Water resource management activities to be conducted in each water management area in line with the restructured budget, will be determined.

 

Costs will be allocated during the budgetary process to water resource management activities in each water management area.

 

All user sectors as defined in 5.3, to which activities apply, will be identified per water management area.

 

The total estimated annual water use of each user sector, as well as the quantity of water to be supplied to another water management area via an inter-basin transfer scheme, will be determined per water management area. This will be done over a period of time, until a water use allocation plan has been prepared in terms of section 9(e) of the Act, on the basis of individual registered and licensed water uses and the utilisable water available for an as yet underutilised water management area. This could mean an initial over-estimate of actual sectoral use which will be phased Out. An assessment will also be made of the basic human needs requirement for the water services authority sector, which will not be subject to first tier pricing (see 7.2).

 

The inter-basin transfer of water from one water management area to another will result in a reduction in the quantity of water available for use in the donor area. Consequently, the potential for generating funds from water use charges for water resource management activities will be reduced in the donor area. Conversely, the receiving area will be able to raise additional water resource management charges on the use of the transferred water. Under these circumstances some of the charges raised in the receiving water management area will be transferred to the donor area for water resource management purposes. The amount to be transferred will be based on the product of the budget for water resource management in the donor water management area and the ratio of the transferred water quantity to the total utilisable water available in the donor area. DWAF will facilitate the transfer of costs between the relevant CMAs.

 

The costs of water resource management activities and any input cost related to the inter-basin transfer of water will be allocated to user sectors. Cost allocation will differentiate between activities in that the cost of certain activities will only be borne by some, and not all, user sectors, taking into account the relative benefits accruing to the various sectors by executing the activities.

 

The apportionment of activity costs will be done pro rata to the average registered, licensed or estimated annual water use of sectors benefiting from the activity. In determining average annual volumetric use, the assurance of supply to users from schemes owned by water management institutions will be taken into account. (see 5.3.2.1 for dealing with existing Government water schemes). The water resource management activity costs to be borne by individual user sectors will be determined as follows:
Water services authority sector - This sector will attract all activity costs in a water management area, but only in proportion to their "economic" use of water (i.e. excluding basic human needs) in relation to total estimated annual "economic" use (see 7.2).
Industrial, mining and energy sector - This sector will attract all water management activity costs pro rata to its share of total "economic" use in the water management area.
Irrigation sector - This sector will attract all water resource management activity costs pro rata to "economic" use, except those related to the subsidisation of the working for water programme (see 7.4).
Streamflow reduction activities - Currently, afforestation is the only declared streamflow reduction activity, but in the near future other dry-land farming activities could be added to the list. Afforestation will attract all water resource management costs, pro rata to "economic" use, except for dam safety control and the "working for water" programme.

 

A differentiated subsidy policy will be applied to determine annual costs to be recovered from the various user sectors. In this regard, standing agreements with regard to the subsidisation of existing activity costs will form part of the pricing strategy. The Act also makes provision in clause 56(3)(e) for the waiving of charges in respect of certain water users. This is described in more detail in part 7 below.

 

Sectoral water resource management charges for each water management area will be determined by dividing recoverable sector costs, per activity, by the registered or total estimated utilisable annual volume consumption for the sector (the latter in the case of under-utilised water management areas).

 

Water sales accounts of registered water users will be determined by multiplying the relevant sectoral unit charge by the registered annual volume of water. These charges will therefore result in fixed payments which will be invoiced on a six-monthly basis for the irrigation and stream flow reduction sectors and on a monthly basis for the other sectors. The DWAF and / or CMA’s may, based on cost considerations, determine minimum cut-off values of registered volumetric use per person, below which water users will not be invoiced.

 

In under-utilised water management areas, the deficit in budgeted water resource management costs to be recovered by means of charges which are based on total estimated water use, will be subsidised from the Exchequer by means of the DWAF trading account.

 

5.3.2 Funding water resource development and use of waterworks

Water resource development and use of waterworks relate to those activities required to fund the planning, design, development, operation, maintenance and betterment (improvement) of Government water schemes and schemes to be funded by water management institutions.

 

5.3.2.1Government water schemes

 

Water resource development costs (i.e. capital costs)

 

In terms of section 56(2)(b) of the National Water Act, 1998, water resource development costs can include the related costs of investigation, planning, design and construction of water schemes, which constitute the capital cost of projects. The most significant departure from the financing methods used by the DWAF in the past can be found in the treatment of capital costs, which are different from all other costs. This is because long term capital investments, such as water schemes, often have a life which extends beyond a financial year. Three common financial approaches can be used for determining the capital portion of the unit cost of water; they are the "funding" approach, the "depreciation" approach and the "rate of return" approach.

 

Funding approach. The basic feature of the funding approach is that revenues should be sufficient to cover debt service obligations (interest charges) and the redemption of loans. The funding approach has been historically used by DWAF and is generally more easily understood in the public sector because of the cash-oriented budgeting and accounting system traditionally used by this sector. This method was based on so-called "notional loans", where it was assumed that the State raised loans to fund schemes and that these "loans" then had to be repaid through water use charges.

 

In the depreciation approach, asset values (composed of water infrastructure assets and other fixed assets) are depreciated over their useful economic lives. Depreciation is normally calculated on a straight-line basis over the life of the asset. In an inflationary environment, it is prudent to depreciate assets on the basis of current replacement cost. Depreciation cost recovery is used to ensure sustainable water supplies from existing assets.

 

The rate of return approach allows for fixing a charge to earn a specific rate of return on either the total capital employed (fixed assets base or total assets) or the total financial investment used to finance facilities to supply water. The rate of return should be based on the social opportunity cost of capital to government and this should approach a level sufficient to fund the annual cost requirement of providing new assets. Typically, this approach would be applied in conjunction with depreciation accounting.

 

In assessing these three approaches, it is important to note that the current DWAF accounting policy is in line with the "funding" approach, namely on a cash basis with strict cost controls against budget. Fund accounting is not consistent with Generally Accepted Accounting Practice (GAAP), and is not favoured by organisations dependent on external investors and lenders. The Public Finance Management Act, 1999 requires State financing to adapt to GAAP. Moreover, the funding approach is problematic in water-scarce countries in that unit costs will decrease when loans have been repaid.

 

The first tier pricing strategy for Government water schemes set out in this document is based on the "rate of return" approach, which is applied together with depreciation. The reasons for this are as follows:

 

First, depreciation is a real part of the cost of water infrastructure, in that it represents the loss in value of existing facilities, not restored by current maintenance, that occurs due to wear and tear, decay, inadequacy, and obsolescence. The depreciable portion of the development costs of assets constitutes the replacement cost required when the scheme reaches the end of its useful life.

 

Second, the return on assets is intended to provide a fair rate of return on the total capital employed by Government to finance the development of water infrastructure. This will ensure financial sustainability of schemes constructed by DWAF with funds provided by the Exchequer, and equally important, that the true cost of water is paid by users.

 

Thus, in order to recover water resource development costs, the capital component of the unit cost of water supplied from Government water works will be determined by a depreciation charge and a return on assets charge.

 

Depreciation

 

Depreciation is defined as the systematic allocation of the depreciable amount of an asset over its useful life and will be applied as follows:

 

Depreciation will be applied on a straight line basis, which means that the depreciable amount will be allocated in equal amounts over the useful life of the assets.

 

The depreciable amount will be the annual depreciable portion of the depreciated replacement value, which will be determined in accordance with a revaluation policy whereby water resource assets will be periodically re­valued. Initially, calculations will be based on the figures produced during the investigation into the inventory of assets and financial information relating to Government water schemes which was initiated in 1998.

 

Full technical revaluations will be carried out in intervals not exceeding 10 years. The remaining useful lives of assets and the depreciable portion will also be reassessed during the revaluations. In the intervening years, desk-top re-valuations will be carried out annually and will apply the average October to September producer price index (PPI) to the asset values and thus to the annual depreciation amount.

 

The depreciable portion and useful lives over which the asset will be depreciated must be determined by qualified engineers and for purposes of initial price-setting, are in accordance with the table below. The technical revaluations will also be determined by qualified engineers.

 

The depreciable portion and useful lives listed in the table relate to new water resource asset components and could change with each re-estimate. The annual depreciation cost of existing assets could therefore also adjust with each re-estimate and will be based on the re-estimated remaining useful life.

 

Component

Depreciable Portion

(%)

Estimated Total

Useful Life

(years)

Dams &weirs

Reservoirs

Canals

Tunnels

Pump Stations

Syphons & concrete pipelines

Steel pipelines

Water Treatment Works

Buildings

10

100

40

10

40

30

75

30

100

45

45

45

45

30

45

30

45

40

 

Return on Assets

 

This component of the charge will be determined by applying an average percentage to the current depreciated replacement value of water infrastructure assets. This will be done with a view to generate capital to fund the annual cost of planning, design and construction of new and augmentation schemes or demand management measures. The percentage return will be determined in consultation with the Department of Finance on the real long term cost of capital to Government. A figure of 4% has been suggested as being an appropriate rate to meet the projected long term growth in demand for raw water supplied from Government water schemes. This approach assumes that the marginal unit cost of new schemes will equal the average unit cost of existing assets, revalued at current price levels. Although it can be argued that the cost of new schemes would be higher than the replacement cost of existing schemes due to the fact that the cheaper dam sites have been exhausted, it is also true that demand management can reduce demands and thus the annual capital cost requirements. These two opposing influences are assumed to balance out.

 

This component of the charge will be set on a scheme-related basis, but will be applied only to those sectors with increasing demands. These sectors have been identified as the local government, industrial, mining and energy sectors. Investigations into the historic growth in demand of these sectors have confirmed that application of an average annual rate of four percent to the depreciated replacement cost of the relevant State water infrastructure assets would achieve a breakeven return.

 

Setting of water resource development charge

 

The new approach to determine the capital cost component of water supplied from Government water schemes, consists of two components, i.e. the depreciation and return on assets charges, which will be determined by dividing allocated annual costs by the expected water sales.

 

Depreciation of assets on a straight line basis will result in constant real term annual costs between intervals of revaluation of assets, to which the PPI can be applied as inflator. The depreciation charge will thus not be subject to sudden variations and will give rise to smooth sectoral charges.

 

As far as the return on assets component of the charge is concerned, it is important to note that the strict application of a constant rate to the depreciated replacement value of water infrastructure would give rise to declining financial returns over time in real terms (i.e. the depreciated replacement value of an asset is lower in year 2 than year 1). The resulting annual return on assets charges determined in this way would also lead to significant hikes in tariffs when asset components of a scheme reached the end of their useful lives and had to be replaced, thus restoring the asset value and increasing the return on assets above that of the previous year.

 

In order to avoid spiked tariffs, it will be necessary on a scheme-by-scheme basis to establish equalised return on assets values which are constant in real terms. Such an "average" return will be calculated over a 45 year period for all asset components making up the scheme or system. Between the periodic revaluation of scheme assets, the equalised annual return on assets value, plus the annual depreciation cost, will be inflated by the PPI for purposes of setting smooth water resource development charges.

 

Pre-financing (Section 56(2)(b)(iii) of the Act)

 

The return on assets charge caters for financing the development cost of new schemes and could thus be used to finance the cost of development of augmentation schemes prior to the delivery of water. The return on assets charge will thus be utilised to finance the annual costs of planning feasibility studies for committed augmentation schemes.

 

A unique developmental situation may occur where a large augmentation scheme is planned and executed, but for certain reasons the infrastructure did not become State property and the construction expenditure has to be financed by the established water utility from payments from water users from the existing Government water scheme before water is delivered into the system by the augmentation scheme. This is the situation in the case of the Lesotho Highlands Water Project Phase 1A, which was built to augment the Vaal River System and where expenditure required to service the loans obtained by the TCTA to build the scheme was and continues to be recovered from the Vaal River System water users. This was done to ensure a smooth price setting process in the long term and the avoidance of sudden and significant hikes in water prices.

 

In future the return on assets revenue obtained from current Government water schemes must only be used to fund state-owned augmentation schemes, but payment for the expenditure incurred for schemes owned by other institutions, such as the LHWP Phase 1, will have to continue to be recovered by additional charges to water users in the relevant system.

 

Assurance of Supply (Section 56(4)(b)(iii) of the Act)

 

In determining tariffs of multi-purpose waterworks, it will be necessary to consider the level of assurance at which water is supplied to the various users in order to allocate capital costs between different users. Users that require a higher assurance of supply, for example, would have to pay a premium for their water allocation relative to those users who require a lower assurance of supply. This will be effected in the following way:

 

Water resource development costs of dams will be allocated in proportion to the long term estimated average annual use of water allocations to the different users/sectors, thus bringing into contention the differential imposition of water restrictions during droughts. To accomplish this strategy, sophisticated hydrological risk analyses should be conducted for all State dams and the levels of assurance negotiated with users. In the mean time, the long term average annual use of the various user sectors will be considered to be the following percentages of sectoral allocations on Government water schemes:
Irrigation sector - 91% (100% for 70% of the time and 70% for 30% of the time);
Municipal sector - 97% (100% for 70% of the time and 90% for 30% of the time);
Strategic industrial sector, e.g. Eskom, Sasol - 100% (no water restrictions would normally be imposed).

 

In the case of conveyance structures, the division of capital costs will be done in proportion to the required peak rates of supply to the various sectors.

 

Treatment of Reserves

 

When the new pricing structure has been phased in, the depreciation and return on assets charges will result in reserve funds theoretically being built up over time. However, as long as Government water schemes are owned by the State, these reserve funds will revert to the Treasury, either indirectly by reducing the annual augmentation of the Departmental Trading Account from Treasury funds, or directly as a result of annual surpluses on the Trading Account flowing to the Treasury. Thus, the DWAF will be in a position to finance capital cost requirements for depreciation on specific schemes from its general revenue base on the Trading Account and to finance the development of augmentation schemes from Exchequer budget allocations. DWAF will establish an accounting system to record the extent and use of these funds.

 

Use of waterworks costs

 

These are the costs, both direct and indirect, that are incurred in the operating and maintenance of Government water schemes. These are broken down between direct and indirect scheme costs.

 

Direct Scheme Costs
These are the fixed and variable costs which can be attributed directly to administering, operating and maintaining schemes. Direct costs include administration costs, operating and maintenance costs, pumping costs, direct labour and overheads and distribution costs.

 

Indirect Scheme Costs
These are the costs which cannot be directly attributed to a specific scheme, but which contribute towards the management of the water resources of the entire water management area, and comprise the DWAF regional office costs, a portion of which can be allocated to individual schemes using an equitable allocation base. Timebased costing will be used to separate overheads allocated to schemes and those related to water resource management.

 

Implementing a charge to fund water resource development and use of waterworks on Government water schemes

 

The DWAF has created three separate trading accounts for:

 

Bulk supply schemes (which could eventually be transferred to water management institutions)
Integrated systems (national water infrastructure)
Water services schemes (to be eventually handed over to local government). The pricing strategy as set out here regarding funding of water resource development and use of waterworks, is not applicable to these schemes.

 

Water resource development and use of waterworks charges will be implemented as follows:

 

All Government water schemes or integrated systems and their supply areas will be identified and taken up in the relevant trading account.

 

Cost information relating to the water infrastructure assets will be determined. This includes the evaluation of current and depreciated replacement values for each component of the schemes, as well as the expected remaining useful life thereof. Capital costs of new State-funded schemes will include the cost of project planning, design and construction. Direct and indirect costs relating to use of waterworks will be determined as part of the annual budgeting process.

 

The water allocations to various user sectors and the long term estimated average annual use based on assurance of supply will be determined for cost allocation purposes.

 

The expected annual water sales volume per user sector per scheme will also be determined as part of the annual budgeting process for the next financial year.

 

An assessment will be made of the quantities of raw water to be provided free of charge in terms of the procedure prescribed in 7.2.

 

Based on the above information, annual costs will be determined and allocated to user sectors. This will allow the determination of unit costs and thus charges per sector per scheme. The bases for determining and allocating the different costs are as follows:
Division of capital costs between sectors - costs of dams will be divided in proportion to the long term estimated average annual sectoral use (i.e. economic use) of allocations, thus taking account of assurance of supply. The cost of conveyance structures will be divided in proportion to the peak rates of supply of maximum sectoral allocations.
Depreciation - Capital cost allocations (as above) to different sectors will be depreciated as described above to determine the annual depreciation component per sector.
Return on assets - The methodology described above to determine the real term average annual return on assets based on 4% of the depreciated cost allocations, will present the relevant cost component per sector. The sectors involved are the water services authority, industrial, mining and energy sectors.
Direct use of waterworks costs - Sector-specific costs will be allocated directly to the relevant sectors. The cost of joint works will be shared pro rata to the estimated annual sectoral water uses.
Indirect use of waterworks costs - Indirect costs which have been allocated to the schemes will be further allocated to the different sectors using an equitable time-based allocation base.

 

Once all costs are determined and allocated to sectors and expected consumption values per sector have been determined, unit cost charges per sector for each scheme or system can be determined. The principle of equalising system charges in cases where more than one augmentation scheme per sector is involved, as currently applied in certain cases, will be adhered to. Each sectoral charge will consist of two components, i.e. the water resource development charge and the use of waterworks (O&M) charge.

 

In determining the water use charges per sector, a differentiated subsidy policy will be applied. This simply means that the full financial cost will not be recovered initially from all sectors. Standing agreements with representative bodies will be adhered to and the new charges will be phased in progressively from current levels within sectoral constraints. Proposals in this regard are described in more detail in Part 7 below.

 

Billing to water users on schemes will be based on the sectoral charge and the irrigation quotas and for other sectors on the measured quantity of water actually used or by agreement in the case of integrated systems. For major water users such agreements could include the payment of fixed monthly amounts and variable amounts based on water actually used. For irrigation schemes block rising tariffs within the quotas are envisaged. This will provide incentives to conserve water.

 

5.3.2.2Schemes funded by water management institutions

 

Catchment management agencies and water user associations must, when determining their revenue requirements on which water use charges for development and use of waterworks are based, take into account:
a) recovery of overheads, operations and maintenance costs;
b) recovery of capital costs and the servicing of loans (water management institutions are entitled by the Act to raise loans to finance new water supply infrastructure, and should therefore be able to service these loans through cost recovery);
c) reasonable provision for the depreciation of assets, which can be placed in a reserve fund for utilisation at the appropriate time;
d) other charges levied by law on the institution and in terms of this pricing strategy; and
e) the financial targets included in its business plan.

 

Charges levied by water management institutions may be levied on a proportional or differential basis, depending on the provisions of the association’s constitution, or if directed so by the Minister to give effect to the provisions regarding the rendering of financial assistance in terms of sections 61 and 62 of the Act.

 

A catchment management agency must, when considering charges for raw water supplied from a storage dam owned and funded by the agency, provide for:
a) subsidising basic human needs in accordance with 7.2(1) of this strategy; and
b) differences in assurance of supply of user sectors on an equitable basis.

 

5.3.3 Achieving the equitable and efficient allocation of water

It is important to note that the proposals regarding the funding of water resource management and water resource development and use of waterworks that have been described above will make a significant contribution towards achieving the equitable and efficient allocation of water.

 

However, in the context of increasing water resources scarcity, it may be necessary to introduce additional economic incentives in order to optimise the allocation of scarce water resources between competing uses. Such economic incentives could be introduced in water-stressed areas; the objective being to shift water use from low to high values.

 

This charge may only be introduced by DWAF on a regional or national basis and the revenue will accrue to the Treasury. If it were deemed necessary to introduce economic incentives in water-stressed areas, this could be achieved administratively via an explicit charge or via market-orientated mechanisms.

 

Administrative mechanisms. An administratively determined economic charge could be introduced in areas where water is used predominantly for low-value purposes. Such a charge would be over and above the charges for water resources management and development referred to above. The basis for determining the economic charge will be the opportunity cost of water as reflected in transactions taking place between water users. This charge will not exceed the marginal cost of the next scheme and should be ideally based on the market-clearing level in each area. Due to the fact that State water infrastructure assets would in future be priced at their current or marginal costs, the economic charge would not be applied to users of Government water schemes on whom the return of assets charge was imposed. The return on assets charge could thus be used as a proxy for the economic charge at Government water schemes.

 

Public Auction. This method could be followed in areas which are under water stress (Chapter 4, Part 8 of the Act) and for which compulsory licences have been issued. The issuing of new permits for any remaining water could be effected through a bidding or tendering process for certain catchment or sub-catchment areas. The highest bids or tenders would be awarded the available permits at a price equal to the lowest bid above the cut-off, or, in other words, at the price that clears the market by allowing users to take up the entire available supply. The price established in this manner should be an efficient and economic price for water in that particular area and for the specified water use. The scarcity value of water would now be implicitly reflected in the bids that are made by competing water users.

 

Prospective permit holders would thus compete with each other for entitlements, facilitating a move away from the administrative setting of first tier prices towards a market-oriented approach to price determination. The public auction concept stops short of making provision for a fully-fledged water market in that the permits representing water use entitlements would not be traded freely among competing water users.

 

Water Markets (Sections 25 and 26(1) of the Act). Tradeable water use entitlements will promote the shift from low to high value use of water and may obviate the need for administratively set prices in the water-stressed areas where there is an increasing water demand. The advantage of making a water use entitlement tradable, is that it allows for a more efficient user to buy the entitlement from an existing, but less efficient, holder of the entitlement.

 

The National Water Act, 1998 provides for trading in water use entitlements. The Act recognises, however, that while the trading of entitlements between uses may optimise the economic use of water, they may in turn impose considerable external costs on the rest of the local economy. Thus, trading in water use entitlements would have to be subject to some form of control to protect the public interest as opposed to the interests of the contracting parties. The necessary regulations in terms of section 26(1) of the Act must first be made.