In many developed countries few people give a thought about where the water gushing forth from their faucet comes from.

In Bermuda however, we are conscious that to obtain our water, frequent rainfall is essential. We were reminded of this in recent months when there was so little rain, and then in June when tanks were overflowing due to an almost continuous rainfall.

For some Bermudians there is less concern about rainfall because drinkable water is piped to their home. There are also wells and boreholes that take water directly from underground supplies, though these sources too might require frequent rainfall to replenish them.

The law requires not less than four-fifths of every roof is guttered for catching rainwater, or a ground catchment at least equivalent to four-fifths of the area of the roof of the building is provided for in every:

¦ home

¦ school

¦ place of employment

¦ place where food or drink is made, and

¦ place where food or drink is served to customers

Roofs and catchments are required to be kept in good repair, clear of fungus and rubbish and kept whitewashed, if constructed of stone or concrete.

If a home is rented, the landlord is usually responsible for cleaning and maintaining the roof or catchment, rather than the tenant.

A tank storage capacity of at least 100 gallons, for every 10 square feet of the roof or catchment, is required.

Usually there is one tank for each home. Government permission is required if a tank is to supply two or more homes, unless the tank is partitioned and certain other conditions are met.

Every tank must be cleared of sludge and properly cleaned at least once in every six years. Additionally tanks should be kept in good repair and free of leaks. If a home is rented, the landlord is usually responsible for cleaning and maintaining the tank, rather than the tenant.

In cases of an adequate piped water supply to a property, there are exemptions, so that rainwater need not be captured and stored.

The law requires that water from a well, or a borehole, or from any stream, pond or lake shall not be used for drinking or in connection with food or drink, unless Government has issued a permit.

Such permits are renewable annually, for the purpose of protecting health, as water can be contaminated.

Often, water is taken by a well for use as a supplementary water supply and is good to use for flushing [but remember not for drinking or with food] and in such case no annual permit is required. A well should not be connected to either a tank or to an internal faucet.

Government maintains a register of water rights by way of well, borehole, stream, pond or lake. If such a right has not been registered, it is deemed to have ended, and water should not be taken from that source. The right to use such source could be revived by way of an application to register the right.

Applications to register water rights can be made for existing supplies and for new supplies, obtained through a licensed driller/digger. The application fee is approximately $65 and forms can be obtained from Government's Department of Environmental Protection.

As water is such a necessary and precious resource in Bermuda, Government has very extensive powers beyond the scope of this article.

Government monitors new construction through the Building Code to check on adequacy of roofs, catchment areas and tanks. Government can inspect existing buildings, to check for compliance with laws. In cases of non-compliance, Government can require matters to be rectified within certain time limits – and in cases of non-compliance, court proceedings can be brought, and fines levied.

Attorney Neil Molyneux is a member of the Property Practice Group of Appleby. A copy of this column is available on the firm's website at www.applebyglobal.com.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.