Notification by the Inkomati-Usuthu Catchment Management Agency (IUCMA) of Inkomathi Catchment water use verification process

The Inkomathi-Usuthu Catchment Management Agency (“IUCMA”) issued a notice stating that it intends verifying existing lawful water uses in respect of inter alia stream flow reduction activities in the Inkomathi Catchment. FSA applied to the High Court for various declaratory orders to clarify among others, the definition of “existing lawful water use” in respect of stream flow reduction activities and the requirements that must be proven in order to verify such existing lawful water uses. The Respondents in the case, including the IUCMA, had previously agreed to an interdict, stating that until the court case has been finalised, they may not make any final determinations and issue notices in terms of section 35(4) of the National Water Act. Please note, however, that the IUCMA may still initiate the validation and verification process and gather information (for example, site visits) in terms of sections 35(1), (2) and (3). Should any members receive any notices from the IUCMA in terms of section 35(4) of the National Water Act, you are requested to immediately inform FSA and provide a copy(s) thereof in order for FSA to address the matter accordingly on your behalf and have such notices declared invalid.