Prime Minister’s Decision No. 81 of 2023 regarding the Executive Regulations of the Water Resources and Irrigation Law No. 147 of 2021.
Country
Type of law
Regulation
Abstract
These Regulations, consisting of 169 Articles organized into ten Chapters, delineate the authority over all lands and real estates categorized as public state property associated with water resources and irrigation. The determination of lands and real estate falling under public properties linked to water resources and irrigation, with a designated purpose for public benefit, is outlined by a Ministerial decision. Article 4 outlines the procedures, placing responsibility on the Ministry for the management, exploitation, and disposal of lands intended for public benefit. Within the legal framework defined by the Law and these Regulations, the Ministry possesses exclusive jurisdiction to oversee all activities conducted by relevant authorities on public property related to water resources and irrigation. Nevertheless, through a Ministerial decision, the Ministry may delegate supervision of specific portions of public property related to water resources and irrigation to ministries, public departments, public bodies, local administration units, or water user associations (Article 9). The State does not bear responsibility for any damage that occurs to lands or facilities located within public property related to water resources and irrigation if the damage results from a change in the water level for emergency reasons or required by the work of irrigation and drainage budgets or due to a rise in the level of sea water or sediments if the Ministry has taken the necessary preventive measures in accordance with the rules of responsibility stipulated in the Civil Code (Article 10). The Regulations deal, among other topics, with (i) the private works that can be conducted within public property related to water resources and irrigation, taking into account the genera rule that it is not permissible to conduct any private work within the boundaries of public property related to water resources and irrigation, or to make modifications or renovations therein, except after obtaining a license from the Ministry; (ii) rights to benefit from private irrigation and drainage sources and methods (Article 23 et seq).
Chapter three delves into the regulatory framework overseeing water distribution, meticulously addressing key facets such as water management, organization, and distribution; water intakes and drain outfalls; water lifting machines; and the utilization of water for non-agricultural purposes or its discharge. Those seeking to exploit public watercourses for irrigation or drainage, or tapping into the Nile River, must submit an application to the pertinent public administration for a license. Chapter four focuses on Water User Associations, outlined in Article 58, where the Ministry issues a decision approving the establishment of these associations on lands designated for irrigation. Article 60 details their tasks and responsibilities, emphasizing that these associations operate as private legal entities without profit motives. Chapter five addresses interventions for the development and enhancement of irrigation and drainage systems, encompassing field irrigation, field drainage, and other related aspects. Chapter six tackles the systems governing irrigation and drainage of new lands, which includes those within the valley and delta or any other lands in Egypt with available water resources for national plan projects. In chapter seven, attention turns to measures aimed at safeguarding the course of the Nile River and its bridges. Chapter eight delves into the intricate realm of groundwater, while chapter nine comprehensively covers the protection of resources, water facilities, and beaches. This includes protocols for declaring a state of danger and urgent actions in such cases, management and protection of marine beaches, defense against rain and flood hazards, and the utilization of treated sewage or industrial wastewater.
Chapter three delves into the regulatory framework overseeing water distribution, meticulously addressing key facets such as water management, organization, and distribution; water intakes and drain outfalls; water lifting machines; and the utilization of water for non-agricultural purposes or its discharge. Those seeking to exploit public watercourses for irrigation or drainage, or tapping into the Nile River, must submit an application to the pertinent public administration for a license. Chapter four focuses on Water User Associations, outlined in Article 58, where the Ministry issues a decision approving the establishment of these associations on lands designated for irrigation. Article 60 details their tasks and responsibilities, emphasizing that these associations operate as private legal entities without profit motives. Chapter five addresses interventions for the development and enhancement of irrigation and drainage systems, encompassing field irrigation, field drainage, and other related aspects. Chapter six tackles the systems governing irrigation and drainage of new lands, which includes those within the valley and delta or any other lands in Egypt with available water resources for national plan projects. In chapter seven, attention turns to measures aimed at safeguarding the course of the Nile River and its bridges. Chapter eight delves into the intricate realm of groundwater, while chapter nine comprehensively covers the protection of resources, water facilities, and beaches. This includes protocols for declaring a state of danger and urgent actions in such cases, management and protection of marine beaches, defense against rain and flood hazards, and the utilization of treated sewage or industrial wastewater.
Attached files
Web site
Date of text
Entry into force notes
These Regulations enter into force the day after their publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
قرار رئيس مجلس الوزراء 81 لسنة 2023 باللائحة التنفيذية لقانون الموارد المائية والري رقم 147 لسنة 2021