Water Act 2016

Our Compliance & Advisory Services

Navigating the mandates of the Water Resources Authority (WRA) and the Water Services Regulatory Board (WASREB) requires technical and legal precision. Our services include:

• Permit Acquisition (Categories A, B, C, & D): We manage the entire application process for water abstraction permits, from initial hydrogeological surveys to the final issuance by the WRA.
• Authorization to Construct Works: We ensure that all intake structures, dams, and boreholes receive the necessary “Authorization to Construct” before ground is broken.
• Effluent Discharge Licensing: For industrial and municipal clients, we handle the permitting required for the safe and legal discharge of treated wastewater.
• Easement Negotiations: If your water infrastructure must cross third-party land, we provide the legal and technical mediation required under Section 39 of the Act.
• Water Resource User Association (WRUA) Liaison: We facilitate community engagement and collaboration with local WRUAs, a mandatory requirement for large-scale water users to prevent local conflicts.

Technical Monitoring & Equipment

Compliance with the Water Act 2016 is data-driven. We deploy specialized equipment to ensure your “Water Balance” matches your permit conditions:

• Electromagnetic & Ultrasonic Flow Meters: Installed at abstraction points to provide real-time data on water volumes, ensuring you stay within your daily permitted limits.
• Automatic Water Level Recorders (AWLRs): Used in boreholes and reservoirs to monitor the “Reserve”—the minimum water level required to sustain the environment and basic human needs.
• IoT-Enabled Telemetry Systems: For large-scale users, we install remote monitoring kits that send usage data directly to your dashboard (and regulatory bodies where required), ensuring transparent reporting.
• Digital Pressure Gauges: To monitor pipe integrity and prevent “Non-Revenue Water” (NRW) losses, which are strictly scrutinized under the Act’s efficiency mandates.

Industry-Specific Applications

Agriculture & Irrigation: We help large-scale farms transition from illegal river “pumping” to permitted abstraction, ensuring their 5-year renewable permits are always up to date to avoid crop-cycle disruptions. Water Service Providers (WSPs): We assist County-owned and private utilities in securing licenses and setting tariffs that comply with WASREB’s consumer protection standards. Manufacturing: We provide “Trade Effluent” management strategies to ensure factory discharge doesn’t violate Section 143 of the Act, which carries heavy criminal penalties for pollution.

Global Environmental Standards

The Water Act 2016 is not just a local law; it is built on International Water Resources Management (IWRM) principles:

• The Dublin Principles: We apply the principle that water has an economic value and should be managed at the lowest appropriate level (devolution).
• UN Sustainable Development Goal 6.b: We support the Act’s mandate for “Public Participation,” ensuring local communities are involved in water and sanitation management.
• Human Right to Water (Article 43): Our strategies prioritize the “Reserve” to ensure that commercial water use never compromises the fundamental human right to clean and safe water.

Case Study: Compliance Recovery in the Hospitality Sector

The Challenge: A luxury resort in a water-scarce region was served with a “Stop Order” by the WRA for using an unregistered borehole and lacking an effluent discharge permit.

The Intervention: Mariotts Consult performed a retrospective hydrogeological audit and water quality analysis. We installed calibrated flow meters and upgraded their wastewater treatment plant to meet the Act’s quality standards.

The Result: We successfully regularized the resort’s status, securing a valid Category C permit and a discharge license. The resort avoided over KSh 500,000 in potential fines and maintained its reputation as an eco-friendly destination.

Secure Your Legal Standing

Ignorance of the Water Act 2016 is not a defense, and enforcement is stricter than ever. Whether you are applying for a new permit or need to regularize an existing one, Mariotts Consult is your partner in legal water stewardship.