berg catchment management agency · 2014. 4. 27. · berg catchment management agency proposal for...

Berg Water Management Area

Developed in terms of Section 77 of the National Water Act, 1998 (Act No. 36 of 1998)

for submission to the Minister of Water Affairs and Forestry

Prepared by the stakeholders of the Berg WMA and facilitated by:

NOSIPHO CONSULTING (Pty) Ltd

Proposal for the Establishment of the

Berg Catchment Management Agency

BERG Catchment Management Agency

Proposal for the Establishment of the Berg CMA As approved by the Minister of Water Affairs and Forestry on 18 October 2007

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Acknowledgements

This proposal would not have been possible without the input from all the stakeholders (represented by the Catchment Management Agency Reference Group) in the Berg Water Management Area. Their dedicated support and enthusiastic participation made it possible to complete this process within two years.

The result is a fully integrated, community and stakeholder driven Proposal for the Establishment of the Berg Catchment Management Agency.

Support Team

DEPARTMENT OF WATER AFFAIRS AND FORESTRY (Western Cape) Willie Enright Bertrand van Zyl Darril Daniels Marissa Alberti

DEPARTMENT OF WATER AFFAIRS AND FORESTRY (Pretoria) Silas Mbedzi Eustathia Bofilatos Derek Weston Elmarie van Rooyen

CONSULTANT TEAM: NOSIPHO CONSULTING Doreen Februarie Bea Whittaker Faldee Abrahams Mathabo Ntumba Annedene Rass



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Executive Summary

The promulgation of the National Water Act (Act No. 36 of 1998) set in motion a process of fundamental change in the way in which water resources are managed in South Africa. One of the key aspects of this process is the establishment of new water management institutions that will allow water user and other interest groups to participate in the management of their water resources. The most significant of these institutions is the Catchment Management Agency (CMA).

The National Water Act makes provision for the creation of CMAs to manage the water resources within specific Water Management Areas. In the capacity as custodian of the nation’s water resources, the Minister of Water Affairs and Forestry, through the Department of Water Affairs and Forestry (DWAF), has divided South Africa into 19 Water Management Areas (WMAs), of which the Berg WMA is one. The goal is the holistic and sustainable management of South Africa’s water resources through an institutional framework of integrated water resources management.

In order to achieve integrated water resource management, a Catchment Management Agency has to be established for each WMA. This must be done in a consultative way with the stakeholders from the WMA. The first meeting to mobilise stakeholders was held in July 2005.

During the following two years the consultative process resulted in this Proposal for the establishment of the Berg Catchment Management Agency, prepared in terms of Section 77 of the National Water Act, Act No. 36 of 1998. In accordance with the requirement of the Act, the proposal includes the following:

• A proposed name and a description of the proposed water management area of the agency; • A description of the significant water resources in the proposed water management area, and information

about the existing protection, use, development, conservation, management and control of those resources;

• The proposed functions of the CMA, including functions to be assigned and delegated to it; • How the proposed CMA will be funded; • The feasibility of the proposed CMA in respect of technical, financial and administrative matters; and • An indication whether there has been sufficient consultation during the development of the proposal, as

well as the results of the consultation.

The Proposal is structured according to a format suggested by the Department of Water Affairs and Forestry’s Western Cape Regional Office and the national Chief Directorate of Institutional Oversight. The contents of the Proposal are the result of deliberations by the Berg CMA Reference Group, assisted by a support team that were guided by DWAF: Western Cape.

In Chapter 1 of the Proposal, a summary of the participation process is given. This Section gives a detailed description of how stakeholders were mobilised and how stakeholders remained involved in the preparation of the Proposal. The capacitybuilding and empowerment activities undertaken in the WMA are discussed in detail. Chapter 1 also provides information on the communication activities implemented to create a better understanding of the issues related to IWRM and the reasons for the CMA establishment process.

Chapter 2 focuses on the description of the Berg WMA itself, as well as the existing urban and agricultural water use requirements. As this WMA does not have sufficient resources to fulfil the required future water needs, information from the Western Cape Reconciliation Strategy Study (being done while this Proposal was being written) informed many aspects of the chapter. The objective of the Reconciliation Study is to develop strategies to reconcile projected water demands with the supply from the Western Cape Water Supply System (WCWSS) for approximately the next 20 to 25 years. The chapter also provides an overview of the key water resource issues identified by members of the Reference Group at their meetings, as well as the capacity building workshops held as part of the process.



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Chapter 3 gives a detailed description of the institutions involved in water matters in the Berg WMA. The capacity and expertise already present in the WMA because of these institutions, as well as the willingness and capability of Non Governmental Organisations (NGOs), Community Based Organisations (CBOs) and Emerging Service Providers (ESPs) to become involved in water resource management, will simplify the tasks of the proposed CMA. This is the main reason why it is proposed that the CMA operates with a small core personnel structure and rather outsource as many operational functions as possible to existing and emerging institutions in the area.

Chapter 4 provide detail on the functions the proposed CMA should fulfil. The functional areas proposed for catchment management strategies were used as the point of departure for the identification of the functions.

In Chapter 5 the proposed organisational structure the CMA should take is described. The expertise and number of people required is based on the functions identified in Chapter 4. It is understood that the CMA will evolve over a period of time until it has established itself as a “responsible authority” in terms of the National Water Act (Act No. 36 of 1998). It is envisaged that the CMA will grow to approximately 60 staff members when it reaches full functionality.

Chapter 6 discusses the cost and the financial viability of the CMA – taking into account the functions it has to perform and the services it has to deliver – in comparison to the income it will generate by means of water use and the proposed wastewater discharge charges. The financial support needed at the initial phase is outlined, as are the risks associated with the establishment of a new organisation.

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List of Acronyms

ACRU Agricultural Catchments Research Unit (Agrohydrological model) CARA Conservation of Agricultural Resources Act CBO Communitybased Organisation CEO Chief Executive Officer CMA Catchment Management Agency CMC Catchment Management Committee CMS Catchment Management Strategy CNC Cape Nature Conservation CSIR Council for Scientific and Industrial Research DEA&DP Department of Environmental Affairs & Development Planning DPSA Department of Public Service Administration DWAF Department of Water Affairs and Forestry EJNF Environmental Justice Networking Forum ESP Emerging Service Provider FLOSAL Flow Salinity model GAAP Generally Accepted Accounting Principles GDP Gross Domestic Product GIS Geographic Information System Ha Hectare HDI Historically Disadvantaged Individual HO Head Office IB Irrigation Board IDP Integrated Development Plan IFR Instream Flow Requirements ISP Internal Strategic Perspective IWRM Integrated Water Resource Management 03 Cubic Meter (equal to kilolitre or 1 000 litres) MAR Mean Annual Runoff Masl Meter Above Sea Level NEMA National Environmental Management Act NGO NonGovernmental Organisation NWA National Water Act NWRS National Water Resource Strategy PGDS Provincial Growth and Development Strategy PFMA Public Financial Management Act PSDF Provincial Spatial Development Framework SDF Spatial Development Framework



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URV Unit Reference Value WARMS Water Use Authorisation and Registration Management System WCWSS Western Cape Water Supply System WCWRSS Western Cape Water Reconciliation Strategy Study WDCS Waste Discharge Charge System WfW Working for Water WMA Water Management Area WMI Water Management Institutions WRM Water Resource Management WSA Water Services Authority WSDP Water Services Development Plan WSI Water Services Institution WSP Water Services Provider WUA Water User Association WWTW Waste Water Treatment Works



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TABLE OF CONTENTS

1. STAKEHOLDER ENGAGEMENT ..................................................................................... 1 1.1 ESTABLISHMENT OF A CMA REFERENCE GROUP ..................................................................... 1 1.1.1 Public Meetings of the Reconciliation Study........................................................................................... 1 1.1.2 Invitation to participate and Newsletter................................................................................................... 2 1.1.3 Establishment Meeting........................................................................................................................... 2 1.1.4 Proposed Structure of Meetings.............................................................................................................. 2

1.2 REFERENCE GROUP MEETINGS: .................................................................................................... 3 1.2.1 Meeting 1: 21 July 2005, Stellenbosch................................................................................................... 3 1.2.2 Meeting 2: 14 September 2005, Franschhoek.......................................................................................... 3 1.2.3 Meeting 3: 17 November 2005, Sir Lowry’s Pass Village ....................................................................... 3 1.2.4 Meeting 4: 8 February 2006, Tulbagh..................................................................................................... 4 1.2.5 Meeting 5: 12 April 2006, Velddrif ........................................................................................................ 4 1.2.6 Meeting 6: 14 June 2006, Villiersdorp.................................................................................................... 5 1.2.7 Meeting 7: 16 August 2006, Durbanville ................................................................................................ 6 1.2.8 Meeting 8: 11 October 2006, Nelson’s Creek, Wellington....................................................................... 7 1.2.9 Meeting 9: 22 November 2006, River Club, Cape Town ......................................................................... 7 1.2.10 Meeting 10: 14 February 2007: Skilpadvlei, Stellenbosch ....................................................................... 8 1.2.11 Meeting 11: 11 April 2007: Môreson, Franschhoek................................................................................. 8

1.2 NEWSLETTERS .................................................................................................................................... 9 1.2.1 Newsletter 1: November 2005 ................................................................................................................ 9 1.2.2 Newsletter 2: January 2006 .................................................................................................................... 9 1.2.3 Newsletter 3: March 2006 ...................................................................................................................... 9 1.2.4 Newsletter 4: May 2006 ......................................................................................................................... 9 1.2.5 Newsletter 5: October 2006..................................................................................................................10 1.2.6 Newsletter 6: April 2007 .......................................................................................................................10

1.3 CAPACITY BUILDING WORKSHOPS / MEETINGS.......................................................................10 1.3.1 Capacity Building Workshops...............................................................................................................10 i) Capacity Building Workshop 1: 10 August 2006................................................................................10 ii) Capacity Building Workshop 2: 27 September 2006..........................................................................11 iii) Capacity Building Workshop 3: 14 November 2006..........................................................................11 iv) Capacity Building Workshop 4: 8 February 2007 ...............................................................................11 v) Capacity Building Workshop 5: 4 April 2007.....................................................................................12 vi) Capacity Building Workshop 6: 23 May 2007....................................................................................12

1.3.2 Interaction with other interested parties .................................................................................................12 i) Students in IWRM.............................................................................................................................12 ii) Western Cape Water Reconciliation Strategy Study ...........................................................................12 iii) Involvement in other DWAF processes ..............................................................................................13

1.4 CHALLENGES IN STAKEHOLDER ENGAGEMENT......................................................................13 1.4.1 Local Authorities ..................................................................................................................................13 1.4.2 Civil Society.........................................................................................................................................13 1.4.3 Coordination between Activities of various Departments......................................................................14 1.4.4 Communication with Stakeholders ........................................................................................................14 1.4.5 Capacity Building, Training and Education............................................................................................14 1.4.6 Conflict Resolution ...............................................................................................................................14

2. EXISTING WATER RESOURCES ....................................................................................................15 2.1 OVERVIEW OF THE BERG WMA.....................................................................................................15 2.1.1 Natural Characteristics ..........................................................................................................................15 2.1.2 Development ........................................................................................................................................17 2.1.3 Water Management Institutions.............................................................................................................18 2.1.4 Registration of water use.......................................................................................................................18 2.1.5 Agricultural Water Demands.................................................................................................................18 2.1.6 Environmental Demands .......................................................................................................................19 2.1.7 Transfer schemes ..................................................................................................................................19 2.1.8 Progress with water conservation and water demand management .........................................................20 2.1.9 Implementation of the Berg Water Project .............................................................................................20



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2.2 EXISTING FEATURES OF THE BERG WMA ..................................................................................21 2.2.1 Main geological features .......................................................................................................................21 2.2.2 Urban features ......................................................................................................................................21

2.3 FUTURE LAND USE ............................................................................................................................22 2.4 PRESENT WATER USERS..................................................................................................................23 2.5 DEVELOPMENT OF WATER RELATED INFRASTRUCTURE .....................................................24 2.5.1 Development Schemes Implemented between 1995 and 2000 ................................................................24 2.5.2 Current schemes being developed..........................................................................................................24 2.5.3 Possible Future Schemes.......................................................................................................................25 2.5.4 Western Cape Water Reconciliation Strategy Study...............................................................................25 i) The Western Cape Water Supply System (WCWSS)..........................................................................25 ii) Balancing demand and supply............................................................................................................26 iii) The Process of evaluating future Water Demand and Supply Options.................................................26

2.6 KEY WATER RESOURCE ISSUES IN THE BERG WMA................................................................32 2.6.1 Aquaculture ..........................................................................................................................................33 2.6.2 Commercial farmers..............................................................................................................................33 i) Water assurance ................................................................................................................................33 ii) Water quality.....................................................................................................................................33 iii) Economy and employment ................................................................................................................34 iv) Other general issues raised:................................................................................................................34

2.6.3 Resourcepoor Farmers .........................................................................................................................34 2.6.4 Farm workers........................................................................................................................................35 2.6.5 Communitybased Organisations (CBO)................................................................................................35 2.6.6 Environment and Conservation .............................................................................................................36 2.6.7 Forestry ................................................................................................................................................38 2.6.8 Industry and Commerce ........................................................................................................................38 2.6.9 Local Government ................................................................................................................................38 2.6.10 Provincial and National Government .....................................................................................................39 2.6.11 Research and Education ........................................................................................................................40 2.6.12 Tourism and Recreation ........................................................................................................................40 2.6.13 Urban Water Users................................................................................................................................40 2.6.14 Water User Associations .......................................................................................................................41

3. EXISTING INSTITUTIONAL AND FUNCTIONAL ARRANGEMENTS AND CAPACITY IN THE BERG WMA......................................................................................................43

3.1 GENERAL .............................................................................................................................................43 3.1.1 National Water Resource Strategy (NWRS)...........................................................................................43 3.1.2 Role of the Department of Water Affairs and Forestry ...........................................................................43 3.1.3 Roles and Responsibilities of Institutions...............................................................................................44

3.2 EXISTING INSTITUTIONAL AND FUNCTIONAL ARRANGEMENTS.........................................44 3.2.1 Regulators ............................................................................................................................................44 3.2.2 Water Service Institutions .....................................................................................................................45 3.2.3 Water Management Institutions.............................................................................................................45

3.3 EXISTING CAPACITY AND FUNCTIONS PERFORMED BY WATER MANAGEMENT INSTITUTIONS IN THE BERG WMA (WMA 19)..............................................................................47

3.3.1 Department of Agriculture (Western Cape)............................................................................................47 3.3.2 West Coast District Municipality...........................................................................................................47 3.3.3 Local Authorities ..................................................................................................................................48 3.3.4 Water User Associations .......................................................................................................................48 3.3.5 NGOs, CBOs and ESPs.........................................................................................................................48

4. PROPOSED FUNCTIONAL EVOLUTION OF THE BERG CMA ........................................50 4.1 FUNCTIONAL EVOLUTION OF THE BERG CMA..........................................................................50 4.1.1 The National Picture .............................................................................................................................50 4.1.2 Water Resource Management................................................................................................................51 4.1.3 Initial powers, duties and functions of a CMA.......................................................................................51 i) Initial powers of the CMA.................................................................................................................52 ii) Initial duties of the CMA...................................................................................................................52 iii) Initial functions of the CMA..............................................................................................................53

4.1.4 Additional powers, duties and functions ................................................................................................53



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4.1.5 Governance functions ...........................................................................................................................54 4.1.6 Proposed functions of the Berg CMA....................................................................................................55

5. PROPOSED ORGANISATIONAL STRUCTURE OF THE BERG CMA ............................66 5.1 CONSIDERATIONS FOR THE ORGANISATIONAL STRUCTURE...............................................66 5.1.1 The expertise required to implement integrated water resources management (IWRM)...........................66 5.1.2 The need for a developmental, participatory and cooperative organisation ............................................66 5.1.3 The importance of efficiency, effectiveness and service delivery............................................................66 5.1.4 The need for transformation and mentoring ...........................................................................................67 5.1.5 Robustness to organisational change and evolution................................................................................67 5.1.6 Focus on core business..........................................................................................................................67

5.2 KEY FACTORS INFLUENCING THE ORGANISATIONAL STRUCTURE ...................................67 5.2.1 Characteristics of and WRM challenges in the WMA ............................................................................67 5.2.2 Institutional capacity.............................................................................................................................67

5.3 PROPOSED ORGANISATIONAL EVOLUTION OF THE CMA......................................................67 5.4 LIAISON BETWEEN DWAF AND THE CMA...................................................................................70 5.5 LIAISON BETWEEN THE CMA AND STAKEHOLDERS ...............................................................70 5.6 POSSIBLE RISKS TO THE VIABILITY OF THE PROPOSED ORGANISATIONAL

STRUCTURE.........................................................................................................................................71 5.6.1 Political interference: ............................................................................................................................71 5.6.2 Appointment procedures: ......................................................................................................................71 5.6.3 Belowstandard performance and delivery: ............................................................................................71 5.6.4 Too much delegation:............................................................................................................................71 5.6.5 Duties and responsibilities of the CMA vs DWAF.................................................................................71 5.6.6 Other general risks identified include: ...................................................................................................72

6. FINANCIAL VIABILITY OF THE BERG CMA ..........................................................................73 6.1 COST OF WATER RESOURCE MANAGEMENT.............................................................................73 6.1.1 Cost components:..................................................................................................................................73 6.1.2 Staff costs: ............................................................................................................................................73

6.2 PROPOSED SOURCES OF FUNDING................................................................................................74 6.2.1 Initial setup seed funding .....................................................................................................................74 6.2.2 Water use charges .................................................................................................................................75

6.3 FINANCIAL IMPACT OF THE PROPOSED WATER USE CHARGES ..........................................76 6.4 RISKS TO FINANCIAL VIABILITY...................................................................................................77 6.4.1 Underestimation of the salary structure ................................................................................................77 6.4.2 Estimation of operational costs..............................................................................................................77 6.4.3 Resistance to registering water use and waste discharge because of a perceived lack of “true value” – not

understanding the benefit of paying.......................................................................................................77 6.4.4 Inability to collect charges effectively ...................................................................................................77 6.4.5 Escalating water costs ...........................................................................................................................77 6.4.6 Lack of financial capacity in CMA........................................................................................................77 6.4.7 Too little funds for communication, education and capacity building .....................................................77 6.4.8 Environmental risks associated with water use charges ..........................................................................78 6.4.9 Control of outsourcing ..........................................................................................................................78



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1. STAKEHOLDER ENGAGEMENT

The stakeholder engagement process to establish a Catchment Management Agency (CMA) for the Berg Water Management Area was launched in May 2005 as part of the Western Cape Reconciliation Strategy Study. The Reconciliation Strategy Study started in April the same year, when Ninham Shand Consulting Services and UWP Consulting were appointed to develop strategies to reconcile projected water demands with the supply from the Western Cape Water Supply System (WCWSS) for approximately the next 20 to 25 years. The Reconciliation Strategy Study augments the Western Cape System Analysis Study undertaken between 1989 and 1995 as well as more recent water resource planning studies.

The concerted efforts that were made to obtain participation from as many stakeholders as possible proved to be successful. At a Reference Group meeting held on 17 November 2005, Mr Jerry Methula (Director: Stakeholder Empowerment, DWAF Head Office) complimented the Reference Group on its broad representivity. He said that public participation is the basis for stakeholder empowerment and that any public participation process must be designed with this challenge in mind. He mentioned that it is important that the collective wisdom and knowledge of as many people as possible in the field of water be harnessed so that the public can be informed about the various water resource issues in South Africa. Public participation must therefore never be viewed as being boring, regulatory or as an addon. It should be the key driver of any process and it is for this reason that it is entrenched in South Africa’s constitution. Public participation was an integral part throughout this CMA establishment process. In Chapter 2 of the National Water Act, it clearly states that the CMA process must have appropriate community, racial and gender representation and must be agreed upon by all stakeholders and parties. One of the first functions of the CMA was to consult with all organisations involved in water matters and to promote community participation and stakeholder empowerment.

1.1 ESTABLISHMENT OF A CMA REFERENCE GROUP

1.1.1 Public Meetings of the Reconciliation Study The process to select Reference Group members was initiated at the first round of public meetings of the Western Cape Water Reconciliation Strategy Study that were held in various places in and around Cape Town on 31 May and 1 & 2 June 2005. During these meetings, those present were requested to indicate whether they would be interested to serve on the Reference Group, as well as what sector they represent. From the outset emphasis was placed on the need for the Reference Group to be geographically and sectorally representative, including the need for race and gender balance, targeting especially previously disadvantaged groups.

The role of the Reference Group was explained as follows: • The members will be responsible for drafting a proposal, which involved describing the name, stakeholder involvement, water resource issues, functions, proposed structure, funding and feasibility of the CMA.

• They will assist in providing the information necessary to draft the proposal, for example information required for the protection, use, development, conservation, management and control of water resources in the Berg Water Management Area.

• The process should take approximately 2 years and in early 2007, after consultation with stakeholders, the proposal should be ready for submission to DWAF for evaluation.

It was explained that public participation, including adequate representation of all stakeholders and their interests, particularly those of marginalised groups, is one of the important criteria in evaluating the proposal. Once the proposal has been submitted, further public comment will be invited. After



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considering all feedback, the Minister of Water Affairs and Forestry will establish the CMA by proclamation in the Government Gazette.

1.1.2 Invitation to participate and Newsletter As part of the invitation to the first round of public meetings for the Reconciliation Study, a newsletter and response sheet, requesting people to indicate whether they would be interested in serving on the Reference Group, were sent to approximately 270 people obtained from various databases of persons and institutions with an interest in water issues. (Appendix 1.1) At the end of this process a total of 206 people indicated an interest in becoming involved in the CMA establishment process.

1.1.3 Establishment Meeting All 206 people who indicated their interest were invited to attend the Establishment Meeting of the Berg CMA Reference Group that took place in Stellenbosch on 21 July 2005. It was explained that number of people serving on the Reference Group would have to be reduced to a manageable size in order to work efficiently and a group of between 50 to 60 representatives was proposed. This meant approximately 3 representatives from each sector. However, it was stated that if any sector felt that it required greater representation and could motivate there for, then the issue would be discussed and a decision taken.

The meeting first identified the various sectors that would be represented on the Reference Group. It was agreed that all waterrelated interests could be grouped in the following sectors (in alphabetical order):

• Aquaculture; • Commercial farmers; • Community Organisations; • Emerging Farmers; • Environment and Conservation • Forestry • Industry and Commerce; • Local Government; • Provincial and National Government; • Research and Education • Tourism and Recreation; • Urban Water Users; • Water User Associations.

A number of representatives from the above sectors were then elected to also participate in the Reconciliation Study so as to ensure a crosspollination of interests, ideas and possible concerns.

Many of the sectors represented have very specific financial interests in the way in which catchment management decisions will be made. Participation by people, who have the time and are adequately compensated to do this in the detail their interest deserves, is of vital importance to the success of the process.

1.1.4 Proposed Structure of Meetings It was decided that the meetings would be structured in such a way that a strong focus is placed on stakeholder engagement and capacity building. This would entail, for example, a formal overview of the water resources in the area, after which the process will be facilitated in such a way that the stakeholders themselves identify the constraints and the key water resource issues that should be addressed by the CMA. Site visits to purification works, dam sites etc would form part of each meeting to capacitate stakeholders with regard to the diversity of water resource management issues in a WMA.



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It was also agreed that representatives from both the Head and Regional (Western Cape) Office of DWAF should be part of the entire process.

1.2 REFERENCE GROUP MEETINGS:

A copy of the minutes, as well as all presentations made at each meeting, form part of Appendix 1.2 to this proposal

1.2.1 Meeting 1: 21 July 2005, Stellenbosch At this establishment meeting the different sectors representing various interest groups were identified and representatives for these sectors were elected . A total of 63 members were elected.

1.2.2 Meeting 2: 14 September 2005, Franschhoek Members of the Reference Group were given background information on the existing water resources in the Berg WMA. This included an explanation of the existing and future demand on the water resources and the reason for the urgent reconciliation of these resources to determine how they will be able to meet future demands. It became quite clear that alternative resources will have to be considered, and the various options for additional water supply were discussed.

Background information documents were made available. These included: • Water Management Area 19: Berg (Extract from DWAF: National Water Resource Strategy) • DWAF: Berg Water Management Area – Internal Strategic Perspective • DWAF: Profile on Water Management in the Berg, Breede, Gouritz & OlifantsDoorn Water

Management Areas – The Utilization and Availability of Water • DWAF: A Pricing Strategy for Raw Water Use Charges

Some time was also spent on the finalisation of the representation on the Reference Group – keeping in mind that the meeting will never be “closed” and that anyone who wishes to participate in future was welcome to do so. One additional sector, i.e. Organised Labour, was identified and approved during the meeting.

A request was made that any organisations requiring capacity building on matters pertaining to water resource management should get into contact with the project team. It was further decided that the venue for meetings would rotate so as to familiarise the members with the WMA and different water management aspects in the area. Meetings would be followed by a site visit to a nearby water resource management scheme as part of the capacity building programme for participants.

The meeting ended with a presentation by TCTA on the Berg River Project and a visit to the Berg River dam site. The Berg Water Project will supply mainly the City of Cape Town with a much needed additional 81 million m³ water per year.

1.2.3 Meeting 3: 17 November 2005, Sir Lowry’s Pass Village This was the first of many meetings where the various sectors and their representatives were given the opportunity to present the members with the concerns and key water resource issues applicable to their sector. The followings presentations were made and are available as part of Annexure 1.2): • Provincial and National Government (DWAF): State of the rivers in the Berg River System • Local Government (City of Cape Town): The demand placed by the City of Cape Town on the

water resources in the Berg WMA • Emerging farmers: The need for emerging farmers to have access to water, be part of

transformation processes (WUA) and participate in capacity building programmes. The role of NAFU in the process of developing emerging farmers.



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• Water User Associations: The role of WUAs in managing water resources to the benefit of all. This includes water quality, river management and acting as implementing agents for Working for Water.

• Urban Water Users: The needs of water users in Cape Town with regard to water quantity and quality; issues water equity and redress etc. The lack of confidence in local authorities with regard to compliance to water quality and supply was also highlighted

• Commercial farmers: The effect of polluted water in the Berg River on farming practices and the export of produce and the knockon effect thereof on the economy.

• Natural Environment: The degradation of the mountain catchment, rivers and wetlands due to overabstraction from resources, pollutants in the river, invasive alien vegetation etc.

After the meeting the Reference Group paid a site visit to the Palmiet Pumped Storage Scheme. This scheme transfers 22 – 27 million m³ water per year from the Breede WMA (Palmiet River near Grabouw) to Steenbras Dam and from there into the WCWSS. It also provides Eskom with power by means hydroelectric power generation, utilising the Kogelberg Dam on the Palmiet River and the Rockview Dam in the Kogelberg mountains (from where the water gravitates to Upper Steenbras Dam.

1.2.4 Meeting 4: 8 February 2006, Tulbagh Once again representatives from the various sectors were given the opportunity to inform members of their role in waterrelated matters and highlight their key water resources management issues. The following presentations were made and all form part of Appendix 1.2: • Provincial and National Government (Dept of Agriculture): The economic contribution of the

Agricultural sector to South Africa’s economy. The negative impact of across the board water restrictions on farmers who already utilise water at maximum efficiency.

• Local Government (Saldanha Bay): The necessity of planning timeously for everchanging circumstances such as increased housing, including the consequences thereof on services such as sanitation, waste water treatment etc.

• Research and Education: The result of bad and/or ineffective waste water management on river systems in the Berg River. The health threats to human beings caused by sewerage and other effluent spills.

• Community Organisations: The plight of women on farms and some background to the role the organisation Women on Farms play in enabling previously disadvantaged communities to take ownership of resources available to improve their quality if life.

• Community Organisations: The role of the Environmental Justice Network Forum and the Water Caucus (which incorporates all several NGOs involved in water matters) in networking with communities to “get the message across” by creating awareness and building capacity by means of public participation.

• Environment and Conservation (C.A.P.E.): The urgency of proper planning and monitoring the effect of development on biodiversity. E.g. most of the lowland fynbos has been denuded by agricultural development, which in turn increases the salinity of runoff because of the change in soil content. The need for fire management, communication between institutions, watershed management etc.

• DWAF also gave an overview of the water stress in the Lower Berg River and the possible future options for improving this situation.

The Reference Group visited the Voëlvlei Dam and Swartland Waste Water Treatment Works. Voëlvlei Dam provides 105 million m 3 /year to the WCWSS, mainly to Cape Town and the West Coast District Council for distribution to towns on the West Coast.

1.2.5 Meeting 5: 12 April 2006, Velddrif All the information on the key water resource issues mentioned at meetings 1 – 4 was used to compile the first draft of the chapter in the CMA proposal that describes the key water resource issues in the Berg WMA. (The chapter will be updated as more presentations on water resource



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issues are made during the following meetings.) This information was then used to draft the chapter on the proposed functions of the CMA. The same process was followed to compile the first draft of the chapter on the institutional capacity in the area, giving an indication on the organisations that could assist the CMA with integrated water resource management.

Copies of these documents were sent to all members of the Reference Group before the meeting, with the request to acquaint themselves with the contents thereof and inform the project team if any information on the draft chapters on the key water resource issues and the institutional capacity needed to be changed.

During the meeting the proposed functions of the CMA were discussed in groups. The feedback will be used to update the proposed functions – for further discussion at the next meeting.

The following sectors highlighted their key water resources management issues and their presentations form part of Appendix 1.2: • Environment and Conservation (Berg River Conservation Association): The sensitivity of

the Berg River estuary. An appeal was made that development upstream should be done in a responsible manner and with careful consideration of the downstream effect thereof – especially on the estuary.

• Community Organisations (Sikhula Sonke): This organisation was started by a group of female farm workers who focus mainly on social issues and challenges facing farm workers. The unwillingness of municipalities to become involved in water supply issues on farms was highlighted.

As this meeting took place soon after Water Week, a poster competition was initiated at the local schools. The schools were enthusiastic about the competition and a number of excellent presentations were made. The prizes were awarded during the meeting and learners where given the opportunity to inform the Reference Group of their thoughts on water conservation and management. This initiative added significantly to capacity building of learners in the area.

The meeting concluded with a site visit to the local Saldanha Steel manufacturing plant, while some participants went on a boat trip along the Berg estuary. The extent and importance of the Berg estuary was highlighted and aspects, such as the importance of fresh water floods to reach the estuary were explained. The Saldanha Steel project is the major development on the West Coast, triggering economic growth and increased water demand. The steps to improve water use efficiency were explained in detail.

1.2.6 Meeting 6: 14 June 2006, Villiersdorp As part of the continuous process to identify the key water resources issues in the Berg WMA and use these as the point of departure in determining the functions the CMA should fulfil, presentations were made by the Recreational Sector (Western Cape Canoe Association) and the Freshwater Consulting Group, commissioned by DWAF to perform a baseline monitoring programme on the Berg River in order to determine the effect of planned releases from the Berg River Dam (under construction at the time this proposal was written) on the Berg River estuary. The key water resource issues highlighted by these presentations were: • Tourism and Recreation: The quality of the water in the river has a major effect on it being

used and being suitable for recreational and tourism purposes. Consideration should also be given to making impediments (such as weirs) in the river more userfriendly by consulting with appropriate organisations and obtaining their input.

• Environment and Conservation: Releases from the Berg River Dam will have to be carefully managed in order to maximise the benefit of these releases. Smaller floods are extremely important for the lower reaches as they contribute to the baseline flow. Releases will have to be done in consideration of the water level in the estuary at a specific stage (high or low tide / neap vs. spring), the baseflow in the river (time of year) and the flood peak and duration thereof.



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As the Reference Group will have to start formulating the functions of the CMA in order to address the key water resource issues identified, some time was spent on explaining some of these issues in the establishment of the CMA. For example the delegation of water resource management to a regional (catchment) level in such a way that it involves local communities in the decisionmaking process and coordinates the functions/input of other institutions involved in waterrelated matters in the WMA. This will ensure that water management capacity is built among all sectors in the WMA.

Information was provided on the functions that the CMA should fulfil and the type of expertise that will be required to implement these functions – especially with regard to its responsibility towards integrated water resource management (IWRM). The capacity that the CMA will be able access, as well as the challenges it will face during its evolution process, was also discussed. The concern was raised that many institutional bodies being created do not fulfil the expectations of the citizens and cost ratepayers and taxpayers a lot of money without the requisite return. Mr Silas Mbedzi (Chief Director: Institutional Oversight, DWAF) responded that the structure, functions and accountability of the Governing Board would not allow this to happen. The CMA is funded by water use charges on water users in the WMA, and it is one of the functions of the members of the Board to protect the interests of all the sectors and ensure that the expense of the CMA does not adversely affect the water users in the area.

The meeting ended with a visit to the Theewaterskloof Dam, the main storage dam in the Western Cape Water Supply System from which water is transferred from the Breede WMA to the Berg WMA for use mainly by the City of Cape Town. Reference Group members were taken into the dam wall itself – a revelation and novel experience for most members.

1.2.7 Meeting 7: 16 August 2006, Durbanville As the next meeting will focus on determining the organisational structure the Berg CMA, some time was set aside to discuss the principles of the structure. The structure proposed for the Inkomati CMA during its first three years of existence, was provided for stakeholders to reflect on before the next meeting. It was once again emphasised that although the CMA will evolve over time, it must never become a large bureaucracy. However, care should be taken to structure the organisation with the longterm goals in mind, rather than having to restructure the organisation as additional functions are added.

Group discussions were again held to discuss the proposed functions determined by the key water resource issues identified by the various sectors. Some additional water resource issues were identified by the two presentations from urban water users and community organisations: • Urban water users (Tulbagh Resident’s Association): The CMA should take cognisance of

the role that residents and other organisations can play in assisting local authorities to fulfil their functions. The CMA should draw on the willingness and expertise nestled in such organisations and make use of this knowledge that is freely available.

• Community Organisations: It is becoming increasingly clear that the CMA will need to build the capacity of civil society groups, especially if active stakeholder engagement is a prerequisite of the social viability of the CMA.

The meeting was also attended by students from the Integrated Water Resources Management Programme at the University of the Western Cape. Apart from attending the Reference Group meeting as part of their capacity building programme, the students also reminded the Reference Group of their (and the CMA’s) responsibility towards achieving the most important of the millennium development goals (MDG), namely the eradication of poverty and hunger. They urged everyone to always keep the African Water Vision 2002 in mind: “An Africa where there is equitable and sustainable use and management of water resources for poverty alleviation, socio economic development, regional cooperation and the environment.”



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In response to the numerous requests for more information on the Working for Water project in the Western Cape, a presentation on this subject – with specific reference to the projects in the Berg WMA – was made at one of the Reference Group meetings.

In preparation for the next Reference Group meeting, background was provided on the corporate governance functions the CMA should perform and how this would influence the organisational structure of the CMA. Members were reminded that the CMA will be a developmental, participatory organisation that must be accountable to its water users, but that it must also achieve Government’s objectives. With regard to the structure, members were urged to study the draft chapter 4 of the proposal (proposed functions of the CMA), identify the type of expertise required to perform the various functions as this would enable them to meaningfully debate the kinds of people the CMA would need, as well as the organisational structure, at the next meeting.

1.2.8 Meeting 8: 11 October 2006, Nelson’s Creek, Wellington This was the first of 3 meetings that focussed on the proposed composition of the Berg CMA that will enable it to fulfil the functions identified in Chapter 4 of the proposal. The following considerations were taken into account in the discussions on an organisational structure for a CMA.

• Integrated Water Resources Management • Developmental, participatory and cooperative organisation • Efficiency, effectiveness and service delivery • Transformation and mentoring • Adaptable to organisational change and evolution • Focus on core business • Customer services oriented

An important part of the meeting was the feedback on the first fullyfledged capacity building workshop held on 27 September 2006. It was agreed that these workshops are vitally important as it provides those stakeholders who do not have detailed background knowledge on water issues, to have these issues explained in more “user friendly” language and for them to ask questions until concepts are internalised (refer to Item 1.5 for more information on these workshops).

One of the presentations during the meeting focussed on the Western Cape Water Reconciliation Strategy Study. The study is has the purpose of drawing up a strategy that will assist DWAF and the bulk water providers on how most effectively manage the water resources supplying water to the City of Cape Town and towns on the West Coast at adequate levels of assurance. The strategy will be a guide for decisionmaking options, which is guided by development and timeframes required (e.g. takes 10 years to plan for dam). The strategy itself has been categorised into 11 (eleven) chapters, the last being an implementation plan. This plan will identify key issues and actions, indicate the parties responsible for these actions, as well as when and how often these should be performed.

After the meeting, members of the Reference Group were taken on a guided tour through the vineyards and cellar of Nelson’s Creek farm as well as experiencing some wine tasting. It is one of the first empowerment projects where black farmers were given a share in the farming (vineyards and winemaking) operations. Reallocation of water entitlements will be an important task of the CMA and the achievements of case studies such as this is important to realise this water reallocation reform project.

1.2.9 Meeting 9: 22 November 2006, River Club, Cape Town This was the second meeting in which the possible organisational structure of the Berg CMA was discussed. The feedback from the capacity building workshop held on 14 November 2006, once again proved how important these workshops, held about two weeks before the Reference Group meeting, are in preparing the attendees for the Reference Group meeting. The group attending the workshops once again voiced their concern about the lack of commitment from certain local



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authorities to participate in the CMA process, and an official letter of concern in this regard was presented by the entire capacity building workshop group to DWAF.

The presentation by City of Cape Town highlighted the catchment management issues they have to deal with, which include water quality and storm water. The importance of benchmarks against which effective water demand management by local authorities can be gauged, was discussed. This was explained by means of a study done by the University of Stellenbosch for DWAF: Western Cape.

The Reference Group once again formed groups to discuss the proposed organisational structure as per Table 5.1 in the discussion document circulated as part of the reading material for this meeting. The possible risks to the CMA were also discussed. The groups were also requested to make proposals on how the CMA should engage with stakeholders once it has been established.

1.2.10 Meeting 10: 14 February 2007: Skilpadvlei, Stellenbosch The financial viability of the proposed CMA was the main focus of this meeting. Numerous concerns were raised with regard to the CMAs ability to stay within the projected R20,4 million annual cost of the CMA. The organisational structure was also finalised during this meeting.

The regulations pertaining to financial support for resourcepoor farmers were also keenly debated. It was requested that DWAF provide a clear definition of bulk water services, as the regulations do allow for the application of bulk services to a number of farms, but not to a group of farmers on one farm. Another issue was the fact that only a legal entity can apply for aid – often a very costly exercise for resourcepoor farmers who are trying to become financially viable. It was decided that the subject should be discussed in more detail during the following meeting.

The issues and concerns of commerce and industry were also discussed. Once again the importance of the correct information being provided to consumers was emphasised

The meeting ended with a visit to one of the pumping stations operated by the Wynland WUA where members were informed on how the telemetry system is used to monitor the pumping. They were also shown a typical drawoff point for farmers on the distribution system.

1.2.11 Meeting 11: 11 April 2007: Môreson, Franschhoek The Draft Proposal for the Establishment of a Catchment Management Agency for the Berg Water Management Area was distributed to the members of the Reference Group before this meeting. During the meeting itself the outline of the proposal was discussed and members were requested to carefully read the draft proposal and provide their comments to the DWAF before 21 May 2007 as the intention was to finalise the proposal at the next Reference Group meeting.

It was emphasised that members of the Reference Group should not underestimate the importance of the proposal document as it would serve as an important source of reference in future CMA deliberations. It would also serve as a tool for the Advisory Committee, the Governing Board and in drawing up the Catchment Management Strategy.

Numerous questions were asked about the financial viability of the CMA and the seed funding that would be made available by DWAF. It was suggested that DWAF retains an even larger core of specialists as those proposed and that they then be contracted to the various CMAs as and when required – especially as there is such a shortage of expertise in South Africa.

The meeting provided the opportunity for an update on the Western Cape Water Reconciliation Strategy Study that is executed parallel to the CMA process. The issue of desalination of seawater as an additional resource was once again discussed. According to the study, the desalination of seawater (at this point in time) is still more expensive than the utilisation of the vast volumes of treated waste water that is at the moment discharged into the sea or a river. It is proposed that this



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treated waste water can rather be desalinated and reused for nonpotable purposes (sport fields etc), rather than using expensive purified water from existing water resources for nonpotable purposes.

An interesting presentation at the meeting was an evaluation of the public participation process in the Berg CMA Reference Group by the University of the Western Cape. The study focused on three issues namely: representation, participation and power relations. The study found that:

• The Berg CMA Reference Group was well represented. • Although there were indications that participation was uneven at times, it got better as the

process continued but there was still room for improvement. • Where sectors dominated proceedings it was unintentional; power relations between the

different groups in the Berg CMA Reference Group seemed nonconflicting; the power distributing cleavages were decreasing.

It was further mentioned that the capacity building workshops play a vital role in empowering especially the previously disadvantaged representatives to understand the process and be part of the decisionmaking. Concern was expressed about the need for capacity building beyond the process of developing the proposal.

The meeting was concluded with a field trip to the Berg River Dam, where participants were taken on a guided tour of the dam and could view the progress since the last visit two years ago.

1.2 NEWSLETTERS

From the start it became clear that members of the Reference Group needed some additional information about the principles guiding the establishment of a CMA, as well as other information relevant to the process. It was agreed that this need would be addressed by means of a newsletter after each meeting. Copies of all the newsletters form part of Annexure 1.3.

1.2.1 Newsletter 1: November 2005 This newsletter explained the reasons for a CMA, the process to be followed in the establishment of the Berg CMA, and information on the concept of water resource management.

1.2.2 Newsletter 2: January 2006 Newsletter 2 gave an overview of the key water resource management issues identified by members of the Reference Group during the previous two meetings. It also provided an explanation of the difference between water resource management (National Water Act) and the provision of water services (Water Services Act).

1.2.3 Newsletter 3: March 2006 Newsletter 3 explained the components that comprise the Proposal for the Establishment of the Berg CMA and which follows the guidelines proposed by DWAF. It also informed the readers that all information obtained and shared at the Reference Group meetings is used to write the proposal that will determine the roles and functions that the Berg CMA should have. An explanation was given about the acronyms frequently used in discussion and written documentation, and the four important principles on the National Water Act, namely equity, efficiency, sustainability and stakeholder participation, was discussed.

1.2.4 Newsletter 4: May 2006 As the topics of climate change, water conservation and the clearing of invasive alien vegetation were often mentioned during Reference Group meetings, newsletter 4 was dedicated to these topics.



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1.2.5 Newsletter 5: October 2006 Newsletter 5 gave an overview of the CMA process up to the September 2006 meeting where the proposed functions of the CMA were finalised. It also explained the vital role of the capacity buildings workshops in the CMA process and how this will assist those who do not have an indepth knowledge of water matters to keep abreast of the discussions at the Reference Group meetings. The following topics were also discussed:

• Training course for municipal councillors • Western Cape Reconciliation Strategy Study • Announcement of the waste discharge charge workshops

1.2.6 Newsletter 6: April 2007 Newsletter 6 was a fourpage full colour newsletter that provided an overview of the work done by the Berg CMA Reference Group since the first meeting in July 2005. It reiterated the importance of public participation (via the sectoral representation on the Reference Group) in the process as only those people living in the area know the issues and concerns that the CMA should address. In this regard the newsletter provided a summary of some of the most important key resource issues identified by the Reference Group. It further provided a summary of the main functional areas which the proposed CMA will address in order to deal with these key water resource issues. Further aspects of the proposed organisation structure and financial implications were highlighted. This newsletter was very well received and also distributed to other regions and institutions interested in the process of establishment of the CMAs.

1.3 CAPACITY BUILDING WORKSHOPS / MEETINGS

Apart from the specific capacity building workshops held (see item 1.5.1 below) each sector within the Reference Group was, over a period of time, given the opportunity to make a presentation on the value they can add to the CMA, the constraints they experience and the key water resource issues applicable to their sector. Group discussions during each meeting resulted in active stakeholder engagement and the site visits to various water schemes after the meeting also proved to be a very valuable capacity building tool. In addition, each meeting of the Reference Group was held in a different area of the WMA, exposing stakeholders to, and giving them the opportunity to familiarise themselves with, the Berg WMA.

1.3.1 Capacity Building Workshops During the course of the process it became clear that capacity building workshops will be the key to the successful establishment of any CMA. Reference Group meetings, by the shear volume of work that has to completed, can be extremely intimidating to civil society and community focus groups that have no background knowledge on water issues. At the workshops, these individuals could speak freely and ask questions that were answered by the facilitators. In addition, participants engaged in the language of their choice, thus ensuring that everyone understood what was said. These workshops therefore enabled these participants to make much more meaningful contributions to the CMA establishment process.

A capacity building meeting was held with emerging farmers on 6 July 2006 in Bellville.

i) Capacity Building Workshop 1: 10 August 2006 The need for capacity building workshops prior to Reference Group meetings was particularly highlighted at the meeting in Villiersdorp in July 2006 and the first of such meetings was subsequently held on 10 August 2006 (the Reference Group meeting was to be held on 16 August 2006). This was the first fullyfledged capacity building workshop that included representatives from all those community organisations and sectors that showed their interest in becoming more informed. During the meeting, the following topics for capacity building where identified:



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• National Water Act • Ability to participate in IDPs, WSDPs, SDFs and other local government policies • Emerging farmers: licensing etc • WUAs • Pollution, sanitation & health • WDM & WCM • Biodiversity (balance between development & natural environment) • Importance of water quality on ecosystems

ii) Capacity Building Workshop 2: 27 September 2006 The second capacity building meeting was held on 27 September 2006. The following topics were discussed: • Summary of the CMA process • The intent of the NWA and the difference between the NWA and the Water Services Act and

their various institutions • Acronyms • How the Key Water Resource issues, identified by the stakeholders, were translated into the

proposed functions the CMA should have; and how these functions will determine the type of skilled staff the CMA should employ as well as the organisational structure of, the CMA – to be discussed at the following Reference Group meeting (11 October 2006).

iii) Capacity Building Workshop 3: 14 November 2006 At this workshop held on 14 November 2006, the functions of the various staff members proposed by the 5 breakaway groups at the Reference Group meeting held on 11 October 2006 (and summarised in the first draft of Chapter 5 of the proposal) were discussed in detail.

The issue of the lack of commitment from some local authorities in the CMA process was once again highlighted by the group. They are of the opinion that Reference Group meeting also serves as a forum where local authorities have the opportunity to hear the domestic water issues and concerns raised by community groups who have an actual interest in water matters. The result was a formal letter from the members attending the capacity building workshop to DWAF (and presented to DWAF at the Reference Group meeting on 22 November 2006), urging DWAF to ensure the total commitment of all local authorities to the process.

As a number of members of the group were concerned about water allocations to emerging farmers and the issues around their involvement in Water User Associations, some time was set aside to clarify these issues.

. iv) Capacity Building Workshop 4: 8 February 2007

The discussion document on the financial viability of the Berg CMA, distributed to all members of the Reference Group, was discussed in detail at the workshop. Special effort was made to have participants understand the concepts of financial viability and how the cost of running the CMA was calculated.

A presentation by City of Cape Town on the roles and responsibilities of the City towards municipal water users was warmly welcomed. It assisted the attendees to once again understand the difference between municipal functions and that of the proposed CMA. It was decided that the next capacity building workshop would give an overview of the entire process to date, explaining how the topics discussed at the various meetings of the Reference Group fit into the bigger picture and to show that all the issues and concerns raised at the meetings have been incorporated into the proposal document.



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v) Capacity Building Workshop 5: 4 April 2007 The compilation of the Proposal for the Establishment of the Berg CMA was discussed in detail so as to enable representatives to provide meaningful comment on the draft proposal, which was provided to each person at the meeting. (The draft was also posted to every member of the Reference Group for discussion at the next Reference Group meeting.)

Information on how a person / a group / an organisation can become a legal entity so as to be eligible for grants and subsidies, as well as to register as a service provider, was also discussed at the workshop. The legal framework within which cooperatives, nonprofit and forprofit entities operate, was explained in detail – as was all the Acts applicable to these legal entities.

vi) Capacity Building Workshop 6: 23 May 2007 The draft Proposal for the Establishment of the Berg CMA was discussed and it was agreed that the document is a true reflection of the process and the participation in the process. A request was made that, for clarity purposes, the next capacity building workshop should be dedicated to a detailed explanation on the functions, structure and financial viability of the CMA, as set out in the proposal.

Presentations by the Departments of Land Affairs and of Agriculture on land reform, farming subsidies and grants, were greatly appreciated by those present at the workshop. A presentation on the roles and functions of a Water User Association was given. It was highlighted that WUAs are also responsible for capacity building and the empowerment of HDIs. Representatives were urged to take the initiative and establish contact with their closest WUA or Irrigation Board, rather than wait for the relevant WUA or Irrigation Board to do so. A list with contact details of all the WUAs and Irrigation Boards was distributed.

Members felt t

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