Households using borehole water for non-commercial, reasonable domestic purposes do not need to register under the current national water-use registration process, the Organisation Undoing Tax Abuse (Outa) said on Thursday.

Following engagements with the Department of Water and Sanitation (DWS) to secure clarity after widespread public confusion following Government Notice 54575 and the department's 90-day registration campaign, the organisation confirmed that Schedule 1 of the National Water Act allowed certain low-impact water uses without the need for a water-use licence or formal registration.

These include reasonable domestic household use, watering a small non-commercial garden, watering livestock within normal grazing limits, harvesting rainwater, using water during emergencies and certain recreational water uses.

There is no prescribed volume threshold for domestic groundwater use. The deciding factor is whether the use is reasonable and non-commercial.

“Many homeowners who depend on boreholes because of unreliable municipal water services believed they could face penalties or even criminal prosecution if they failed to register. South Africans should not have to fear prosecution simply because they installed a borehole to keep water flowing when municipal systems fail,” said Outa executive manager Julius Kleynhans.

“We engaged the DWS on behalf of concerned residents, and we welcome its prompt response in clarifying the legal position for domestic borehole users.”

The registration exemption applies only where the water use is reasonable and non-commercial, and commercial, agricultural, industrial and other high-volume groundwater users remain legally required to register with the relevant Catchment Management Agency.

While the current 90-day registration process does not apply to Schedule 1 domestic users, the DWS encourages households to voluntarily submit technical borehole information to improve groundwater management. This is separate from the legal requirement to register water use.

“This clarification provides long-overdue legal certainty for ordinary households that have invested significant amounts of money simply to secure access to one of life's basic necessities after repeated municipal water interruptions,” said Kleynhans.

“It also provides certainty for domestic users living on smallholdings and other properties that are not connected to municipal water services.”

He noted that, across South Africa, more households were turning to boreholes as municipalities struggle with ageing infrastructure, water losses, intermittent supply and deteriorating water services.

While Outa supports responsible management of South Africa's groundwater resources through sound science and appropriate regulation, it must be clear, lawful and proportionate, and must distinguish between ordinary domestic users and high-volume commercial abstractors whose activities may have a material impact on groundwater resources.

“Good governance depends on legal certainty. People are far more likely to comply with the law when government communicates clearly and consistently. We therefore welcome the DWS's efforts to clarify the legal position and remove unnecessary uncertainty,” said Kleynhans.

Outa also noted that the DWS confirmed that municipal borehole requirements contained in local by-laws remained separate from the National Water Act registration process.