By Javier Silas Omagor
In the Elgon region, where people are grappling with the effects of climate change, erratic rainfall, and dwindling water resources, a growing number are turning to underground water sources, including wells and boreholes, to meet their water needs.
Groundwater has become a lifeline for many in the region, though there remains a significant gap in knowledge about Uganda’s laws and regulations governing underground water usage.
This gap could have serious implications for local communities, especially regarding access to, management of, and protection of this resource.
Phiona Nekesa, a resident of Kaduwa in the Sironko district, confesses to being clueless about the groundwater law. She says she had “no idea such a law even existed despite being a big user of groundwater.”

What you need to know
The country’s groundwater is considered a public resource. Still, its use is regulated by the Ministry of Water and Environment and, specifically, by the Water Act (1997), the primary legislation governing water resources.
According to the Act, groundwater is classified as a “national resource” managed by the government to ensure its sustainable use for all Ugandans.
This means that while individuals and communities can use groundwater for domestic purposes, agricultural activities, and even commercial ventures, they must do so within the framework of legal regulations designed to protect the resource.
One key element of this legal framework is the requirement for permits and licenses for certain activities related to groundwater extraction.
Agnes Kanyago, a lawyer, affirmed that it was a problem to “have a community that is not aware of the legislation about the resources that they use regularly.”
“Groundwater is a national resource according to our founding documents as a country, and people need to know the regulation and all the provisions that concern it,” adds Kanyago.
For example, drilling boreholes for large-scale water extraction or commercial use, such as for irrigation or bottling, requires approval from the government.
“This approval is necessary to avoid over-extraction, which could lead to groundwater depletion and other environmental issues such as contamination or land subsidence. Our people need this knowledge,” stresses Kanyago.
According to the National Water Policy and the Water Act Cap 152, the responsibility to provide water services and maintain facilities was delegated to local councils in districts and urban centers.
The central government agencies’ role is to guide and support as required.
The Act thus emphasizes the shared responsibilities in developing and managing water resources among stakeholders, including the Private Sector and non-governmental organizations (NGOs), to regulate human activities that pose risks to water resources.
It also provides for pollution control measures with associated penalties and fines. The existing policy and legal framework promote wise use of water resources from the lowest possible level while considering roles to be played by different stakeholders at different levels.
According to the NBI, this offers an opportunity to ensure that communities can actively participate in developing and maintaining water sources within a given catchment.
Other key national policies in Uganda regarding groundwater management include the National Policy for the Conservation and Management of Wetland Resources (1995), which aims to prevent the loss of wetlands and ensure equitable benefits; the Uganda National Land Policy, which outlines land’s role in development and promotes effective land management; the National Forestry Policy, which focuses on the establishment and conservation of watershed protection forests; and the Renewable Energy Policy, aimed at increasing the use of modern renewable energy sources.
What communities don’t know
Despite these clear policies and regulations, many communities in Eastern Uganda are unaware of the legal complexities surrounding groundwater.
In rural areas, where surface water sources like streams and shallow wells are often unreliable, underground water sources have become essential for daily survival.
However, many people are unaware of the need to obtain a license or follow specific guidelines when they dig wells or establish boreholes.
“It’s common for villagers to simply dig a well when they need water or notice a neighbor drilling a borehole,” says Sam Ayoo, a water expert.
“But they don’t realize that there are laws in place to ensure these water sources are sustainable and safe. If too many people draw water from the same underground source without regulation, it could lead to resource depletion.”
In addition to extraction rights, many communities need more awareness about protecting groundwater from contamination.
The Water Act mandates that the construction and use of wells and boreholes adhere to specific safety standards, including proper sealing to prevent surface water contamination and protect groundwater recharge zones.
However, illegal dumping, poor sanitation, and misuse of water sources are common problems in many rural communities, and these practices can contaminate underground water.
The National Environment Management Authority (NEMA) plays a critical role in regulating and overseeing the sustainable use of water resources, including groundwater.
NEMA is responsible for enforcing environmental laws, including those related to the construction of boreholes, springs, and water wells, and for ensuring that water users adhere to environmentally friendly practices.
However, NEMA’s reach in rural areas is limited, and many people need to be made aware of their responsibilities under the law.
“The challenge is often a lack of access to information,” says Moses Mulindwa, an environmental lawyer based in Kampala.
“Most rural communities don’t fully understand the legal aspects of groundwater use. They don’t know what kind of permits are needed or how to apply for them. This creates a gap between legal requirements and the actual practices on the ground,” notes Mulindwa.
Why the law matters for communities
Mulindwa reckons that for communities in Eastern Uganda, understanding the law on groundwater use is not just about following regulations; “it’s about ensuring long-term access to this vital resource.”
The environmental barrister warns that “over-extraction of groundwater, especially without proper management, can lead to a host of problems, including lower water tables, reduced water quality, and the drying up of wells and boreholes.”
Moreover, climate change is exacerbating the pressure on water resources, making it even more critical for communities to manage groundwater responsibly.
As rainfall patterns become more unpredictable, dependence on underground water will likely increase, making the need for sustainable practices more urgent than ever.
The legal framework surrounding groundwater is designed to prevent these problems by ensuring that water resources are allocated efficiently, protected from contamination, and used sustainably.
By obtaining permits, following proper construction practices, and observing environmental guidelines, communities can avoid the risks of over-extraction and contamination.
Steps towards awareness and education
In response to this knowledge gap, government agencies and non-governmental organizations (NGOs) have been trying to educate communities about the laws governing groundwater use.
Programs focused on water management, sustainable agriculture, and environmental protection are slowly gaining traction in rural areas of the region.
These programs aim to empower local leaders, farmers, and water users with the tools and knowledge to navigate the legal requirements, adopt safe water practices, and ensure the protection of their water sources for future generations.
One such initiative is led by the Nile Basin Initiative (NBI). The Nile Basin Initiative (NBI) has initiated a project titled “Enhancing Conjunctive Management of Surface and Groundwater Resources in Transboundary Aquifers.” This project focuses on improving the utilization and protection of shared aquifers in the Eastern Nile and Nile Equatorial Lakes regions.
According to Dr. Maha Abdelraheem Ismail, the Groundwater Project Lead at Nile Basin Initiative, “this project aims to optimize the joint use of surface and groundwater by promoting conjunctive management.”
One of the three targeted aquifers in this initiative is the Mount Elgon Transboundary Aquifer, which plays a crucial role in the region’s water resources management. Uganda and Kenya share the Mount Elgon aquifer.

“We need to make sure that communities understand both their rights and responsibilities when it comes to water,” notes Richard Kirya, a lecturer at LivingStone International University Mbale.
He narrates that teaching communities about the laws and best practices for groundwater management can ensure that water remains available and clean for everyone in the long term.
Martha Akia, the communications specialist at the Ministry of Water and Environment, urges that “the time to act is now.”
“We must bridge the knowledge gap and foster responsible groundwater use across Eastern Uganda and beyond,” she notes.
By educating communities about their rights and responsibilities under Uganda’s Water Act and the importance of sustainable water management, the country can ensure that future generations continue to benefit from this critical resource.
Against that background, the Nile Basin Initiative (NBI) emphasizes communications and awareness raising about the benefits, challenges, laws and policies, and opportunities of groundwater, as well as the environmental issues and threats of climate change to the ecosystem and biodiversity.
This story was produced with support from NBI Secretariat (Nile-Sec), which, in partnership with the United Nations Development Program (UNDP) and with funding from the Global Environment Facility (GEF), implemented a program across the Nile Basin focused on shared groundwater aquifers. The project’s goal was to improve water resource management at both the national and basin levels.
The first phase concentrated on building knowledge and capacity for the sustainable use and management of significant transboundary aquifers within the Nile Basin. Three aquifer areas were selected for intervention: the Kagera aquifer shared by Uganda, Tanzania, Rwanda, and Burundi; the Mt Elgon aquifer shared by Uganda and Kenya; and the Gedaref-Adigrat aquifer shared by Sudan and Ethiopia. These aquifers are located in various climates, including arid, semi-arid, and tropical regions.
Initially, the phase involved gathering existing data and creating a Shared Aquifer Diagnostic Report (SADA) for the three selected aquifers. The subsequent phase engaged in groundwater modeling to enhance understanding of the aquifers and analyze scenarios based on changes in climate and groundwater use.