Water documents

• African Countries

• American Countries

• Asian Countries

• European Countries

Selected Legal Instruments Related to Water from other jurisdictions

National legislation is the outcome of processes, both local and the global. The interaction and influence between the domestic and the international legal systems, is mutually enriching. Certain aspects of water management have first been the product of legal initiatives of a state, seeking to address local problems. International conferences and the sessions of international organs, tackling environmental, development or human rights issues, provide a framework for their discussion and for the exchange of information, techniques and standards that ultimately strive for the coordinated solution of common problems affecting different jurisdictions. As a result of this process, states have subsequently moulded their legislation following the trends that are perceived in force, globally. They have passed legislation incorporating in their domestic legal systems - with varying degrees of success - the consensus reached internationally.

Water is increasingly the subject of all-encompassing legislation that tries to address and coordinate the different uses, it is put to. Wide-ranging water acts often ascribe the property rights of water to the state or to the private owners of the land, under specific circumstances. In cases where it is declared a public commodity, the grant of concessions or licenses to individuals is addressed. A state agency is typically created and charged with the task of surveying the status of the resource (monitoring the quality and quantity available of water) and dealing with the administration associated with licenses and concessions. The newer legislations are decisively strict in the protecting of the national stocks of water, not only by embracing the sustainable management of the resource, but also by punishing more severely the pollution and any other prejudice, inflicted to the resource. Further, several acts explicitly acknowledge that the state has the duty of granting access to freshwater to the population.

The selected pieces of legislation listed below are some recent examples in the regulation of water at the national level. They represent a starting point for a comparative/international analysis of existing and evolving global practices in water law.

African countries

• Algeria - Water Code (2005): The Code includes principles and rules for the use, the management and the sustainable development of water resources in Algeria, which are declared part of the public domain of the state. The  law aims at ensuring water provision in optimal quantity and quality to the diverse uses made of it. Priority is given to satisfy the needs of the population. Water services remain in public hands. [French Text]
  
  
• Bostwana Water Act (1976): makes provisions concerning rights in respect of water and related matters.
  
  
• Burkina Faso - Law providing the orientation for water management (2001): It determines the fundamental principles for water management, recognising the right to have enough water to fulfill the elemental needs of life and dignity. The conservation of water biodiversity and ecosystems is also a priority. Water management is organised by basins in which state planning must ensure sustainable exploitation of the resource. [French Text]
  
  
• Cape Verde Water Code (1984): establishes the general bases of the legal regime for the property, protection, conservation, development, administration and use of the water resources. [Portuguese Text]
  
  
• Cameroon - Water Regime Law (1998): This law, following principles of environmental management of water resources and protection of public health, provides the legal framework for water management in Cameroon. It allows for the transference of responsibilities from the central government to Decentralized Territorial Collectivities. [French Text]
  
  
• Ethiopia Water Resource Management Proclamation (2000): declares all water resources common property and sets out the fundamental principles of water management and administration. Use of water for domestic purposes shall have priority over all other water uses.
  
  
• Kenya Water Act (2002) [part 1] [part 2]: provides fort the management, conservation, use and control of water resources and for the acquisition and regulation of rights to use water; the regulations and management of water supply and sewerage services.
  
  
• Lesotho Water Resources Act (1978): establishes a permit system, administered by the Water Officer, for all non-domestic water uses. It regulates servitudes, dispute settlement, the use of wells and boreholes, offences and penalties, and it prohibits pollution.
  
  
• Morocco Law on Water (1995): acknowledges the difficulties of water management that have been discussed internationally. [French Text]
  
  
• Madagascar - Water Code (1999): The Water Code establishes mesures for the qualitative protection of water, in particular preventing pollution. It cedes water services to the communities, which are owners of water works and remain responsible for the service before the user. The Code also provides the principles that are in force for water services pricing, clarifies how costs for them are covered, and establishes that the provision of water services is a public service in the hands of the communities. [French Text]
  
  
• Mauritania - Water Code (2005): This Code comprises rules related to the planning of the management and preservation of water resources and the functioning of water services. Water management must be integrated, sustainable and balanced. Users are incorporated to the administration of the resource and must contribute to the costs of the service according to their economic capacities. [French Text]
  
  
• Namibia Water Resources Managemente Act (2004): regulates the extraction, use and supply of water, lays down rules relative to water pollution, defines water rights and sets up an administrative framework to implement the purposes of the Act.
  
  
• Nigeria Water Resources Management Decree (1993): vests the right to use and control all water in any watercourse affecting more than one state in the Federal Government, and regulates access to water by particulars, limiting it to protect health.
  
  
• Niger - Decree 93-014 Water Regime (1993): Legal framework for the qualitative and quantitative protection of water resources. Its main goal is to provide water in sufficient quantity and quality to all.  Each person has the right to use waters that are part of the public domain of the state, but have the obligation to participate in the maintenance and management of the point of access. Uses exceeding a certain volume are subject to permits [French Text].
  
  
• South Africa Constitution (Relevant Provisions): The Bill of Rights includes 'the right to have access to sufficient water' (section 27 1.b).
  
  
• South Africa Water Services Act (1997): It provides for the rights of access to basic water supply and basic sanitation, the setting of national standards and of norms and standards for tariffs, development plans for water services and establishes the general regulatory framework for water services.
  


• South Africa Water Services Act - Regulations Relating to Compulsory National Standards and Measures to Conserve Water (2001).

• Swaziland Water Act (2003): declares that all water found naturally in Swaziland is a national resource and defines rights in water in general. It shall not be necessary for any person or community to obtain a permit for the use of water for primary purposes.
  
  
• Tanzania Water Act (1974): contains provisions on ownership of inherent rights to the use of water, grant of water rights, revision, variation, determination and diminution of water rights.
  
  
• Tunisia Water Code (1978) [!2.7Mb file!]: encompasses the public domain of water resources, and lists guidelines for their conservation, rights of use, servitudes, licenses and concessions. [French Text]
  
  
• Uganda Water Statute (1995) [!5.8Mb file!]: its objectives include the promotion of rational water management and use of the water, the provision of clean, safe and sufficient water supply; the orderly development and use of water sources for agricultural and industrial purposes; and the control of water pollution.
  
  
• Zambia Water Act (1997): consolidates and amends the Law in respect of the control, ownership and use of water in Zambia.
  
  
• Zimbabwe Water Act (2003): provides for the development and use of water resources; for the establishment, powers and procedures of local authorities; for the control of the use of water when water is in short supply; for the acquisition of servitudes in respect of water; and for the protection of the environment and the prevention and control of water pollution.
  

American countries

• Argentina: Decree rescinding the concession contract signed between the Argentinean State and the company Aguas Argentinas (2006): This decree cancels the 1993 contract that ceded to Aguas Argentinas the operation of water services in the city of Buenos Aires and neighbouring areas due to the company's underinvestment in infrastructure, failure to expand the service network to needy areas, high concentration of nitrates in tap water, and other violations to the concession contract and technical norms in force. [Spanish Text]
  


• Argentina: Decree creating ‘Agua y Saneamientos Argentinos S.A. ', a state company under the jurisdiction of the Secretary of Public Works (2006): This decree creates a state company in charge of the provision of water services in Buenos Aires , replacing Aguas Argentinas, in order to assure the normal provision of drinking water and sewerage to users. [Spanish Text]
  
  
• Argentina - Law 26.221 providing the new regulatory framework for water services provision in the city of Buenos Aires. This instrument approves the regulatory framework for water services in the city of Buenos Aires, after the termination of the privatization contract. The preamble states that access to water is a human right. It creates a new regulatory entity. [Spanish Text]
  


• Belize Water Industry Act (2001) [!4.4Mb file!]: regulates de supply and control of water and sewerage services and promotes the conservation and proper use of water.
  
  
• Bolivia: Law 2066 of Drinking Water and Sewerage Services (2000): This instrument regulates the provision and user of water services in Bolivia, its institutional framework, the procedure to follow to be granted concessions and licences for the provision of said services, the rights and obligations of providers and users, how tariffs are to be determined, and a list of infractions and sanctions. [Spanish Text]
  


• Bolivian Law on Drinking Water and Sewerage Services (1999): establishes the institutional framework for those services, the regulations applicable to concessions and licenses, and the obligations and rights of users and providers of the service. [Spanish Text]
  
  
• Brazil National Water Resources Policy (1997): establishes principles, objectives and guidelines to follow for the management and planning of the water sector in Brazil.
  
  
• Canada Water Act (1970): provides for the management of the water resources of Canada, including research and the planning and implementation of programs relating to the conservation, development and utilization of water resources.
  
  
• Chile: DFL 382/88 "General Law on Water Services" (1988): It allows for the concession of water services to private companies, describing in detail the process, which societies can become concessionaires and under which conditions, as well as the scenarios for the cancellation of the contract. [Spanish Text]
  
  
• Chile: Law 18.902 "Creation of the Agency of Supervision of Water Services" (1989): It creates a decentralized agency under the jurisdiction of the Ministery of Public Works, that is in charge of overseeing water services' providers and their compliance to the legal and regulatory framework in force for the water sector. [Spanish Text]
  
  
• Chile - Law 18.778 creating a subsidy for water services (1989): This law creates a subsidy for low income families to be able to pay for urban and rural water services, and sets the conditions and modalities for accessing that benefit. [Spanish Text]
  
  
• Chile - Law 19.949 creating a social programme of aid for families in extreme poverty (2004): Art. 8 provides that the persons and families included in the social programme "Chile Solidario" that also fulfill the requisites of law 18.778 will receive a subsidy covering 100% of the costs of water services. This entails up to 15m3 of free water per month for three years since the day of concession of the benefit. [Spanish Text]
  
  
• Colombia Project for a Comprehensive Water Law (2005): Among the Principles for Water Management, the project lists that the use of water for human consumption always shall be given the priority, that the public should be informed on everything related to the management of the resource and that the exploitation of the resource should be done according to sustainable development criteria. [Spanish Text]
  
  
• El Salvador Water Resources Integrated Management Law (1981): A law recognizing the multiple uses of water and conceding to a State Agency the duty to study the compatibilization of each project with disputing uses of the resource. [Spanish Text]
  
  
• Guyana Water and Sewerage Act (2002): deals with the ownership, management, control, protection and conservation of water resources, the provision of safe water, sewerage services and advisory services.
  
  
• Honduras Framework Law on Water Services (2003): A law incorporating sustainable development standards, giving priority to human consumption of water, inviting public participation in the control of the providers of the service, and providing principles for tariff setting. [Spanish Text]
  
  
• Mexico National Water Law (1992): comprehensive water legislation including a separate chapter for each possible use of water. [Spanish text]
  
  
• Nicaragua Water Law (1998): describes thoroughly the process leading to the concession of the water and sewerage services to private operators, listing the right and obligations of them, of the State and of the user. [Spanish text]
  
  
• Nicaragua - Law 440 suspending concessions in the water sector (2003): This law suspends concessions and other management contracts affecting the infrastructure of the national public company of water services. It also suspends the issue to particulars of new water use permits until a new Water Law is enacted. It affirms that "access to water is a human right that cannot be violated or renounced. The state will grant and facilitate an adequate provision of drinking water at fair prices for all Nicaraguans". [Spanish Text]
  
  
• Nicaragua - General Law on National Waters (2007): This law establishes the institutional structure for water management and regulates the issue of water permits to private persons, the rights and obligations of users, and the participation of the citizens in water management. It declares that access to water is a right associated to the right to life that the state must realize. It forbids the direct or indirect privatization of water as a resource and of the drinking water service, providing for the provision of water to the poor at affordable prices. [Spanish Text]
  
  
• Constitution of Uruguay (Text of the 2004 Constitutional Reform approved by Referendum): The amendment states that access to piped water and sanitation are fundamental human rights, and that social considerations take priority over economic considerations in water policies. It also stresses that State legal persons will exclusively and directly handle the public services of sewerage and water for human consumption.
  
  
• Venezuela – Organic Law for the Service Provision of Drinkable Water (2001): This law grants the access of service provision of drinkable water and sewage systems to all the citizens of Venezuela . The document sets up the institutional framework to enhance the decentralization of the water service provision, and encourages as well the organized civil participation in water issues. It provides and encourages as well private participation in the water provisioning system. [Spanish Text]
  

Asian Countries

• Australia Water Reform Framework (1994): These guidelines see to establish integrated and consistent approaches to water resource management throughout Australia . The Framework includes provisions for water entitlements and trading, environmental requirements, institutional reform, public consultation and education, water pricing and research.
  
  
• Australia Water Resources Act (1998): An Act to provide for the management of the water resources, and for related purposes.
  
  
• Australia National Water Initiative Agreement (2004): contains a number of actions to be implemented as priorities by the Commonwealth, State and Territory Governments over the next 10 years.  It aims at achieving a nationally-compatible, market, regulatory and planning-based system of managing surface and groundwater resources for rural and urban use, that optimises economic, social and environmental outcomes, and is able to adapt to future changes in the supply of, and demand for, water.
  


• Indonesia Law on Water Resources (2004).
  
  
• Jordan Water Authority Law (1988) [!1.7Mb file!]: establishes the powers, functions and responsibilities of the Water Authority; declares water resources as state property.
  
  
• Pakistan - National Drinking Water Policy (Draft) (2007): This draft states that water is a basic human right. It embraces decentralization, water conservation, sustainability (through cost recovery) and equity (through special measures to make water affordable to all) as principles guiding the water policy of the country.
  
  
• Vanuatu - Water Resources Management Act (2002): An Act to provide for the protection, management and use of water resources, regulating the procedure for filing an application to use water and/or to construct water works, establishing a Nationa Water Resources Advisory Committee and Local Water Management Committees to which water supply schemes can be transferred by the central authority.

European Countries

• Armenia - Water Code (2002): It lists basic principles of management, use and protection of water resources and water systems in Armenia. It creates appropriate management bodies and regulates public participation and the issue of water use permits. It provides for the state supervision of water resources.
  
  
• Belgium: Decree regulating a minimal provision of electricity, gas and water (1996): This instrument sets the right for citizens of the Flemish Community (Belgium) to have a minimal, uninterrupted provision of electricity, gas and water for domestic purposes at their main residence, in order to meet the requirements of current daily life.
  
  
• Belgium - Decree for the provision of drinking water in the Bruxelles-Capitale Region (1994): It regulates the connection of water services to households, the provision of a minimum quantity of water for free, and disconnection for lack of payment issues. [French Text]
  
  
• Belgium - Decree of the Wallon Region on the cycle of water and creating a public company for the management of water (1999): It declares the right to have access to water of sufficient quantity and quality to meet the needs of daily life, and that the elimination of inequalities in the access to water services should be a priority of the general policies of the state, out of solidarity. It creates a public company for the management of water in charge of protecting water resources destined for human consumption, of ensuring that the exploitation of them is sustainable, and that water charges are fair and equitable. [French Text]
  


• French Law 64-1245 (1964): provides for water distribution and prevention against its pollution. The text of this law is still today the basis for the French Water System. [French Text]
  
  
• French Law 92-3 (1992): launches the current French Water Policy. The resource is designated as the nation's common patrimony. It introduces the notion of unity of resource for water management issues. [French Text]
  
  
• Finland - Water Services Act (2001): This Act aims at ensuring that water services provide a sufficient amount of water to households to meet the needs of human health and others, as well as appropriate sewerage in terms of the protection of health and the environment. It includes a special chapter dedicated to the charges for and costs of the service. [Unofficial English Text]
  
  
• France Loi sur l'Eau et les Milieux Aquatiques (2006): provides for a series of modifications and additions to the Environmental Code and other legal instruments related to the protection of water resources and acuatic environments, to the provision of water for domestic purposes, to the prevention of wastage of water, and to the preservation of rivers in France. [French text]
  
  
• German Federal Water Act (2002): lays down basic provisions relating to water resources management measures (management of water quantity and quality). It requires that waters are to be safeguarded as a component of the natural balance. Under the Federal Water Act, waters are to be managed in a way that they serve the public well-being and, in harmony therewith, the interests of individuals. It applies the precautionary principle. Waters, including groundwater and coastal waters, are fully subject to state control. All uses of water are, in principle, subject to official authorization.
  
  
• Ireland - Water Services Act (2007): Framework act for water services.
  
  
• Latvia Law on Water Management (2002): It establishes a framework for the protection and management of surface water and groundwater, which promotes sustainable and rational use of water resources therefore ensuring a long-term protection of the water resources and provision of the sufficient supply of good quality surface water and groundwater to the population.
  
  
• Netherlands Water Law (Waterleidingwet 2003): It prevents any privately owned company from providing drinking water services to the public. [Dutch text]
  
  
• Portugal - Water Act (2005): This Law implements European Community Directive No. 2000/60/EC establishing the basic legal framework for water sustainable management. It provides a detailed institutional framework of the competent authorities, dividing the country into hydrographical Regions. The Law provides a classification of different water resources and different rules on management plans for each of them. The economic and financial system is also foreseen, as is the issue of public information and participation. [Portuguese Text]
  
  
• Spain National Hydrological Plan (ley 10/2001, 5/7/2001): stresses the importance of incorporating the civic participation in water-related projects and in granting to society an adequate access to information; sets basic elements for the coordination of the decentralized Water Policies of each Bassin, and establishes policies for the sharing of water resources among them. [Spanish text]
  
  
• Spain Water Act (Real Decreto Legislativo 1/2001, 20/7/2001): General Water Law of Spain, regulating public domain competences of the State over surface water and groundwater. It sets the basic principles of water management by the State and grants the users of the service with the right to information and participation in projects involving water. Construction and exploitation of public hydraulic facilities is in principle charged to State Societies, though concessions are open to private investors under strict regulations. [Spanish text]
  
  
• Swiss Federal Water Law (1991): It aims to the protection of water resources and mainly to preserving human health, granting access to drinking water to the population and access to the water service to industries, and to promoting the water service for households. [French text]
  
  
• Sweden - Water Act (1983): It regulates the management and conservation of water resources in Sweden, providing for rights relating to the use of water, irrigation, drainage, water supply and projects related to water, and making provision for the resolution of disputes related to water.
  
  
• UK Water Industry Act (1991): A comprehensive Act that consolidates enactments relating to the supply of water and the provision of sewerage services.
  
  
• United Kingdom (Northern Ireland) - Water and Sewerage Services (Northern Ireland) Order (2006): It creates an Authority for Utility Regulation and describes its functions connected to the sector of water services, with special attention to environmental aspects. It also creates a Consumer Council in charge of intermediating between consumers and other authorities. It lists the duties of water supply undertakers and indicates standards for quantity and quality of water supply.