Legislative framework

The major laws that guide the regulation and management of water resources in Ghana are the Water Resources Commission (WRC) Act (Act 522 of 1996) and the Water Use Regulations, Legislative Instrument (LI 1692 of 2001).

Section 12 of Act 522 stipulates that ‘the property in and control of all water resources is vested in the President on behalf of, and in trust for the people of Ghana’. This implies that there is no private ownership of water in Ghana, but that the President, or anyone so authorised, may grant rights for water use. The Water Resources Commission is the agency authorised under the Act to regulate and control the use of water resources, through granting of water rights and water use permits.

 Requirements for water use permits

Individuals, institutions, NGO’s, agencies and authorities are required to apply for and be granted a permit to use water before engaging in:

»         Surface water abstraction (for domestic, commercial, industrial and agricultural use);

»         Groundwater abstraction (for domestic, commercial, industrial and agricultural use);

»         Hydraulic works construction (diversion, damming, etc.);

»         Engaging in the business of drilling for water;

»         Hydropower generation;

»         Water transportation;

»         Fisheries (aquaculture);

»         Recreational use; and

»         Underwater wood harvesting.

 Exemptions from applying for a water use permit

Categories of water use that are exempted from the requirement of permit include:

»        Preventive use of water for the purpose of fighting fire; and

»        Any water abstraction by manual means. Additionally, some water use categories, even though exempted from the permit requirements, have to be registered. These include:

»         Water abstracted by mechanical means for use where abstraction level does not exceed 5 litres per second (432 cubic metres in any period of 24 hours).

»         Subsistence agriculture water use for land not exceeding 1 hectare.