STATE CONTROL OF WATER RESOURCES

INTRODUCTION.

The Management and control of water which is a natural resource is vested in the Government of the Federation of Nigeria. Any person may however utilize water for domestic purpose, fishing or for watering livestock and for personal irrigation schemes. Rates may however be levied for the usage of water.

OBJECTIVE

The objective of this unit is to expose students to the designation of water as natural resources.

Due to the unrestricted or free usage of water it is hardly ever strictly regulated as a natural resource could make them  oblivious of this fact.

STATE CONTROL OF WATER

The water Resource Act 1993 Cap W2 laws of the Federation of Nigeria 2004, vests the right to the use and control of all surface and ground water and of any water course affecting more than one state as described in the schedule to the Act which refers to all water, whether surface or underground, from time to time  contained within or flowing or percolating through such sources and tributaries and catchments areas thereof together with the bed and banks in the government of the Federation.

See section 1(1) of the Act.

DEFINITION OF WATER

Water is defined by the Black’s Law Dictionary 8^th Edition as the transparent liquid that is chemical compound of hydrogen and oxygen (H₂0) or a body of this liquid as in stream, river, lake or ocean.

CONTROL AND MANAGEMENT OF WATER RESOURCES. The     Federal     Government       is      vested       with   the    control       and management of water resource in Nigeria for the purpose of :

• Promoting the optimum planning development and use of Nigeria’s water resources
• Ensuring the coordination of such activities as are likely to influence the quality, quantity distributions, use and management of water
• Ensuring the application of appropriate standards and techniques for the investigation use, control, protection management and administration of water resources; and
• Facilitating technical assistance and rehabilitation for water supplies see section 1

Notwithstanding these vesting provision any person may

• Take water without charge for his domestic purpose or for watering his livestock from any water course to which the public has free access

Water Course is defined in section 20 of the Act as including any rivers creek, stream, spring, lake, lagoon, swamp, marsh or any other course for water

• Use water for the purpose of fishing or for navigation to the extent that such use is not inconsistent with any other law for the time being in force
• who has a statutory or customary right of occupancy to any land, may take and use water from the underground water source or if abutting on the bank of any water course from that water course without charge for domestic purposes for watering livestock and for personal irrigation schemes see section 2 of the Act.

The Minister charged with responsibility for matters relating to water resources is empowered to –

• Define the place from which or the manner in which and times at which water may be taken or
• Fix, in times of actual or anticipated shortage of water, the amount which may be taken by any person for such purpose.
• Prohibit temporarily or permanently the taking or use of water from any source for such purpose when in his opinion, the taking or use of such water would be hazardous to health.
• Revoke a right to use or take water when such a right is likely to override the public interest.
• Require to be examined or licensed any person undertaking the work of drilling for water
• Regulate the place, depth, manner of construction or mode of operation of any borehole or well and
• Define the times at which water may be taken from such borehole or well

ACQUISITION OF RIGHTS TO USE OR TAKE WATER . Any person or any public authority may acquire a right to use or take water from any water course or any groundwater for any purpose in accordance with the provision of Water Resource Act. Section 3 prohibits discharge of oil into Nigeria water and mandates the installation of anti pollution equipment in ships.

Section 25, of Petroleum Drilling and Production Regulation established that reasonable measures should be taken to prevent water pollution and end it when it occurs.

Territorial waters Act Cap T5 Laws of the Federation of Nigeria 2004 makes punishable, any act or omission committed within Nigerian water which would be an offence under any other existing law.

The harmful wasted (special Criminal Provision Etc) Act prohibits the carrying, depositing and dumping of harmful waste on any land, territorial waters, contagious zone, Exclusive Economic Zone of Nigeria or its land waterways and prescribes severe penalties for  any person found guilty of any crime relating thereto

CONTROL AND MANAGEMENT OF WATER POLLUTION. The Water Resource Act mandates the minister for water resources to prohibit or regulate the carrying out of any activities on land or water which are likely to interfere with the quantity or quality of any water in any water course or ground water - section 8.

Pollution is stated in section 20 of the Act to mean any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of any water or groundwater so as to render such water or groundwater less fit for any beneficial purpose for which it is or may reasonably be used or to cause a condition which is hazardous or potentially hazardous to public health, safety, welfare to animals, birds, wildlife, fish or aquatic life or to plants.

Section 1 of Oil in Navigable Waters Act/ Cap 06 Laws of the Federation of Nigeria 2004 prohibit the discharge of oil from ships and water pollution by oil spillage.

The National Environmental Standards And Regulation (Enforcement) Agency Act 2007, prohibits the discharge in such harmful quantities of any hazardous substance into waters of  Nigeria or adjoining shorelines except as permitted or authorized by the law in force in Nigeria. section 27(1)

The Agency also has the responsibility of making recommendations to the President of the Federal Republic of Nigeria for the purpose of establishing water quality standard for the inter state waters of Nigeria to protect the public health or welfare and enhance the quality of water to serve fulfill the purpose of the enactment of the Act.

The state governments also exercise control and manage water resources through legislation preventing pollution of water, over consumption of water and water resource wastage. Most  states have water management Boards. Some of the states include:

Edo State: water pollution is treated as a public health issue.

section 3 of Edo State Environmental Sanitation Edict. The Edict however did not provide for effluent limitation standard.

Abia State: Abia State Environmental Protection Agency Edit stipulates an effluent standard limitation standard.

 PENALTY FOR BREACH OF REGULATION

Any person who contravenes or fails to comply with any of the provisions of the Water Resource Act is guilty of an offence and is liable on conviction to the payment of a fine not exceeding N2,000 or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and where the offence is continuing, to an additional fine not exceeding N100 for every day or part of a day that the offence centimes.

Where it is committed by a body corporate or firm or other association of individuals, a person who at the time of the commission of the offence was any officer thereof or was purporting to act in such capacity is severally guilty of that offence and liable  to be prosecuted against and punished for the offence in the like manner as if he had himself committed the offence unless he proves that the act or omission constituting the offence took place without his knowledge consent or connivance .

Edo State Environmental Sanitation Edict imposes a penalty of N500 or one month imprisonment or both for polluting any stream or river section 12 of Environmental Pollution Control Law of Lagos State makes it an offence to cause or permit a discharge of raw untreated human waste into any public drain, water it is punishable with a fine of N100,000 (one hundred thousand naira ) and in the case of a corporation a fine not exceeding N500, 000 (five hundred thousand naira)

In spite of these water pollution regulations, water pollution remains an endemic problem in Nigeria. It occurs in lakes rivers, stream and underground water sources. It affects life through toxity and results in the killing of aquatic animals and plants and renders the water unfit for use. Oil spills, industrial effluents, agriculture fertilizers and sewage are the major sources of water pollution in Nigeria.

Due to pervading corruption among regulatory officials and infrastructural decay, regulatory laws are unenforced and water source in Nigeria are polluted with impunity.

The World Bank Report “Towards the Development of an Environmental Action Plan for Nigeria” identified water pollution as the second highest potential for future negative impact on the Gross Domestic Product (GDP) estimated at 1 billion dollars annually and puts 40 million people at risk. Water pollution impacts on the urban and landless poor most. This is because they are not educated  about or able to afford defensive sanitary practices. Many Nigerian communities lack water treatment or even water supply facilities and rely on local surface and shallow ground water supplies, even when they are contaminated.

 CONCLUSION .

In spite of the fact that the control and management of water resource is vested in the Federal Government, its regulation is lax. Water is utilized with impunity and polluted at will.

SUMMARY

• Control of water whether surface, ground water of water courses is vested in the Federal Government by the Water Resource Act while the control of potable water and rural water supply is vested in the state and local government respectively.
• Acquisition of rights to use or take water must be in accordance with the provision of the water Resource Act
• The responsibility of regulating compliance with the provisions of the Water Resource Act is vested in the Minister for water resources.
• Carrying out of any activity on water which is likely to interfere with the quantity and quality of the water is prohibited and penalized
• Pollution is the indirect or direct alteration of the physical, chemical, thermal   and   biological   or   radioactive properties of water to render it unfit for use is
• The management and control of water utilization in Nigeria is lax.
• The penalty for non compliance with water control regulatory mechanism are not stringent enough to discourage the impunity with which water is overused or polluted

TUTOR MARKED ASSIGNMENT

• Discuss the various purposes which has necessitated the control and management of water resources in Nigeria
• Analyze the penal regime for non sustainable utilization of water resource in Nigeria
• The Control and Management of water resource in Nigeria is not inimical to the right of the citizen to take and use water. Do you agree?

SUGGESTED ANSWERS

• See Section 1 of the water Resource Act 1993 Cap W2 , Laws of the Federation of Nigeria
• See the penalty provided for unauthorized usage and fouling of water in
• Water Resource Act 1993
• National Environmental Standard Regulation (Enforcement)

Agency Act 2007

• Territorial Waters Act
• Harmful Waste (Special Criminal Provisions Etc)
• Oil in Navigable Waters Act
• Section 2 of the Water Resource Act

SUGGESTED FURTHER READING /REFERENCES

• The Land Use Act edited by J A Omotola (Lagos: Lagos University Press 1986)
• Atsegbua etal Environmental Law in Nigeria, Theory and Practice (Benin: Ambik Press 2010).

STATUTE

Water Resource Act 1993

National Environmental Standard Regulation (Enforcement) Agency Act 2007

Oil in Navigable Waters Act

Harmful Waste (Special Criminal Provisions Etc) Act Territorial Waters Act

Petroleum Drilling and Production Regulation