Prosecuted for collecting rainwater
I recently read about a man in another country who was prosecuted for collecting rainwater on his property. It shocked me because I always thought rainwater was free for everyone. Water scarcity is common in Dar es Salaam. To cope with scarcity, I have installed a system to collect rainwater for household use, though I sometimes share it with my neighbours. Now I am worried whether I could face prosecution here like that man? Is there any law in Tanzania that prohibits rainwater harvesting? Please guide me.
BL, Dar es Salaam
Your concern is understandable. In Tanzania, the situation is different from other foreign countries. There is no law that criminalises the collection of rainwater for domestic use. However, the Water Resources Management Act, Cap. 331 [R.E. 2023] governs water use and rights. According to the law, all water sources in Tanzania belong to the public, with the President acting as trustee to safeguard them for citizens’ use and welfare. The authority to grant rights to use water from any resource lies with the Minister, unless such rights are already provided under another written or customary law.
Individuals who lawfully access a watercourse may abstract and use water for domestic purposes without needing a formal Water Use Permit. However, this does not give them the right to construct any works or infrastructure on the watercourse itself.
Further, the law allows landowners or occupiers to construct shallow hand-dug wells on their property and use the water for domestic purposes without requiring a Groundwater Permit. This is subject to regulations that may limit the depth of such wells in certain areas, as prescribed by the Minister. Section 12 of the Act allows landowners or occupiers to install systems for rainwater harvesting or the recycling of used water, and to use that water for domestic purposes without needing a formal Water Use Permit. However, such rainwater harvesting works must not exceed the maximum capacity set by regulations issued by the Minister. Therefore you are free to collect rainwater in Tanzania without fear of prosecution. For clarity on this, consult your lawyer for further guidance.

