As far as water resources is concerned, Nigeria Federal Government has made a landmark in making outstanding legislations in an effort to protect waters and aquatic resources from adverse effect of misuse and partial neglect in comparison with the other natural resources within the natural surrounding. Water resources development is an importance consideration in the Agricultural Policy 1988. The government plans in the Policy program are:
a. To undertake a comprehensive development to both underground and surface water resources for multipurpose use.
b. To undertake schemes for control of erosions or flood.
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c. To construct and maintain dams, dikes, polder wells, boreholes, irrigation and drainage systems and other works necessary for food production and human water needs.
d. To provide water from reservoirs and lakes for irrigation purposes to farmers and other groups of people as well as for urban water suppl y schemes.
e. To control the pollution of rivers, lakes, lagoons and creeks in the country and f. To assist in the development of fisheries and improve navigation on the rivers,
lakes, reservoirs, lagoon and creeks in the country.
These objectives was replicated by the National Policy on the Environment 1989 in line with water resources management.
In 1989, the National Policy on the Environment, made proposition for the use of river basin concept for water management, control of point and non point sources of pollution, conservation and improvement of water quality conditions and ecological systems of the water bodies for fishes and other fauna and flora.
Few principles governing conservation of nation’s water which have been legislated into law at Federal and State levels (i.e Act and Laws)
1. The River Basin Development Authorities Decree, 1987 which repealed an earlier statute, the River Basin Development Authorities Decree 1976. The Law establishes eleven River Basin Development Authorities in the country. The statute specified the following requirements in each of the authorities specific region of operation.
i. Undertake comprehensive development of both surface and underground water resources for multi purpose use, specifically the provision of irrigation infra- structure and the control of floods and erosion and water shed management.
ii. Construct, operate and maintain dams, dikes, polders, walls, boreholes, irrigation and drainage systems
iii. Supply water from the Authority’s completed storage schemes to all users for a fee and
iv. Develop and maintain up-to-date comprehensive water resources master plans, identifying all water resources requirements in the Authority’s areas of corporation through adequate collection and collation of water resources, water use, socio-economic and environmental data of river basin.
Each state promulgated a number of statutes to deal with water pollution control. Few relevant statutes made by the federal government are:
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i. The Nigerian Criminal Code, which specifically prohibit the fouling of water and equally prescribes punishment of six months imprisonment for an offender.
ii. The oil in Navigable Waters Decree, 1968, prohibit the discharge of oil into designated sea areas and made provision for penalties for the specified offences. It gives municipal effect to the international convention for the prevention of pollution of the sea by oil, 1954, which Nigeria acceded to on April 22, 1968. The minister of Petroleum is mandated to be in charge by the degree.
iii. The Petroleum (Drilling and Production) Regulations 1969 which provides that a licensee or lessee shall take practicable precautions to avoid pollutions of inland water systems as well as territorial water of Nigeria or the high seas b y oil, mud or other fluid or substances capable of causing harm or destruction to fresh water or marine life. If such pollution through spillage occurs, the licensee or lessee must take prompt steps to control and if possible prevent it.
This is in line with s26 of Petroleum Decree 1969.
iv. The Harm ful Waste (Special Criminal Provisions etc) Decree, 1988 , which was enacted by the Federal government in swift reaction to the illegal dumping of hazardous wastes from abroad in certain parts of the country, prohibits the dumping of harmful waste in any form into any territorial water or Exclusive Economic Zone of Nigeria or its inland waterway.
v. Lagos State government made a provision similar to the above when it enacted the Lagos State Environmental Pollution Control Edict, 1989, that “No person or group of persons shall dump or burry or cause or allow to be buried or dumped in any water within the state any toxic or hazardous substance or harmful wastes”. This was repealed by Lagos State Environmental Protection Agency Edict No. 9, 1997.
vi. The convention on fishing and conservation of the Living Resources of the High Seas, 1958 which aimed at solving the problems involved in the conservation of the living resou rces of the hi gh seas, specifically, those relating to the threatened over exploitation of these resources through the development of modern techniques.
With all these, national environmental standards on water quality is now a legal requirement. The Federal Environmental Protection Agency (FEPA) 1988 repealed b y the NESREA in 2007. This Law is responsible for the stablishment of water quality for the inter-state water of Nigeria to protect public health or welfare and enhance the
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quality of water for the specified purposes in the Federal Environmental Protection Agency (FEPA) now NESREA 2007.
The water quality standards covers the following areas: the use and value of public water supplies, propagation of fish and wild-life, recreational purposes, agricultural, industrial and other legitimate uses. This simply means that Agency will establish different water quality standards to various different uses.