If one is closely observant of our countryside, or even when driving on a main road, one cannot fail to see either some small room in the middle of an irrigated field, or a large tanker parked at the kerb of a bypass guzzling up water from an underground source.

Nothing wrong with that one might say, but in the confusion and inconsistency of our legal system, it appears that apart from the water boreholes, which are the property of the Water Services Corporation, no other borehole is legal, in fact they are illegal.

Notwithstanding this legal anomaly, the proliferation of boreholes all over the island is pretty evident and this has created what can only be termed as an unofficial racket with a few individuals making significant sums of money in the business of borehole installation

First some legal background.

According to the Constitution of Malta, Article 37, sub-article 3, all underground water is government property, so any extraction from the water table without the necessary permit is strictly speaking illegal.

The government issued three legal notices in 1997, LN 120/97 or the Ground Water Sources (Registration) Regulations 1997, LN 165/97 or the Drilling Rigs (Registration) Regulations 1997 and the Water Tankers (Registration) Regulations LN 167/97. All these were amendments to the Water Services Corporation Act, 1991.

In LN120/97, owners of boreholes were asked to register their “ground water source” against a payment of Lm100 as registration fee, with the exception of those registered before 1995 where registration was free and the two years between 1995 and 1997 where the fee would be Lm30.

A fine of not less than Lm4000 but not exceeding Lm8000 was to be levied if any user failed to inform the WSC about such groundwater sources. Clause 8 of the LN clearly specified the following:

“The registration of a ground water source does not in any way give any right to the user to draw water from such source, or to dispose of any material, whether liquid or solid, in such source or to keep open such source and the Corporation may at any time order the user to close such a source, notwithstanding that such source has been registered and the relative registration fee paid.”

LN 165 has a similar fee of Lm30 to register a drilling rig and a similar fine of not less than Lm4,000 but not more than Lm8,000 for non registration. Clause 8 also states: “The registration of a drilling rig does not in any way give any right to the user to drill any hole which may be defined as a groundwater source according to the Ground Water Sources (Registration) Regulations 1997. LN 167 is virtually identical with Lm30 as registration fees for a water tanker and the same fines for non-compliance. Clause 8 states: “Notwithstanding that a water tanker has been registered and the relative administration charge paid, the Corporation may at any time order the user to discontinue transporting water by means of a water tanker.”

All three legal notices were supposed to expire within 21 days of their issue. However, sources told this newspaper that they remained effective until 2003 where the registration process continued. Efforts to contact the Malta Resources Authority to establish the number of registered ground water sources, drilling rigs and water tankers proved unsuccessful.

Around 1994, a permit for one year was given to extract water from underground sources but this was never renewed.

At present, there is no legal ground water source apart from those operated by the WSC. However, sources that spoke to The Malta Independent on Sunday said that the number runs into the hundreds and it has become almost a common thing to install such a source even in your own garden.

It is mystifying, to say the least, how the government does not take action against what clearly is an illegal practice. These water sources can easily be found by following the trail of bowsers on the roads going back to their point of origin. It is also a known fact that the new vine trade cannot survive without the use of illegal boreholes, as they require an immense amount of water to cultivate.

Interestingly, the Agricultural Department grants various subsidies to farmers on condition that they have an abundant reserve of water; this is being done when they know that the water comes from boreholes.

Enemalta supplies electricity for the running of a borehole in the middle of a field where it is specifically indicated “for the use of a borehole”. Before the connection is made, a permit has to be issued by MEPA for the erection of a small pump room to house the Enemalta metre and pumping gear. These rooms can be easily spotted in fields that have electricity poles leading to them (see photos).

Borehole pumps are exhibited for sale in various shops, which are imported legally and on which VAT has been paid.

The drilling of a borehole can be seen and heard. It takes days and nights, so catching someone drilling in the middle of a field is not so hard but no one seems to take any notice.

Sources who spoke to this newspaper said that there about 10 people in Malta and Gozo who operate a drilling rig and are described as being “untouchable” because they are protected by those who make use of their services. These include police officers, lawyers, architects, priests, Members of Parliament and other professionals, according to the sources.

Although the eradication of illegal drilling is not difficult, considering that only around 10 individuals carry out this work, nothing is being done to stop them and their equipment is not confiscated. Ingeniously, the equipment is moved from one job to another and is never left idle. Waiting lists of up to three to four weeks have also been reported.

From research carried out by The Malta Independent on Sunday, it transpires that the price charged by the drillers varies between Lm2 or Lm3 per foot with the drilling stopping when water is struck, which can vary between 100 feet and 800 feet depending on the locality.

The pump itself costs between Lm200 and Lm500 and can be single or double phase with the drilling rigs made locally and assembled together using an electric motor of about 3 HP. The lifting of the drilling extension, which is about two metres long, is carried out with a fork lifter.

As drilling rigs are now being assembled with extensions of only one metre and without the use of a fork lifter, this equipment can be used to drill holes in closed garages 12 courses high.

Additionally, selling water in a bowser is a very lucrative business with some owners boasting that they earn in excess of Lm200 a day from water extracted from a borehole. In an almost clandestine manner, the bowsers enter their garage empty and they come out fully loaded with their precious cargo. They then hit the road to sell it to clients such as car wash concerns, ready mix plants and soft drink manufacturers.