Law No. 4 of 2022 - Water Management and Protection Law in the Kurdistan Region - Iraq.

This Law, comprising 24 articles, aims to manage and safeguard water resources responsibly for present and future needs, ensuring water security by recognizing water as a vital national resource essential to human life and overall stability. Its purpose is to (i) manage and protect the region's water resources to achieve optimal consumption; (ii) revitalize water resources and determine the quantity and quality of their consumption to achieve water security and protect the rights of future generations; (iii) uphold and secure the region's rights to shared water resources with the federal government and neighboring countries, protecting the region's best interests in securing water in accordance with international laws and standards; (iv) ensure ongoing coordination, cooperation, and information exchange to reach a fair agreement on the distribution of the quantity and quality of water flowing into and from the region; (v) address water pollution and prioritize environmental protection. The Law establishes, as general principles, that water is a national resource and public property, to be used only by license and in accordance with its provisions. It also assigns the regional government, in coordination with the federal government, responsibility for formulating water policies and regulating the use of shared water resources with neighboring countries in accordance with international treaties and conventions. Water use is prioritized, under Article 5, as follows: drinking and essential services, livestock and fisheries, irrigation and agriculture, industry and electricity generation, environmental and tourism purposes, and finally investment. Any change in the type of water use requires a new license.
As for the water resources management, the Ministry of Agriculture and Water Resources of the Region is responsible for (i) preparing water resource management plans and related projects to ensure effective use by beneficiary sectors; (ii) strengthening skills and professional capacity in water resource management; (iii) developing water recovery and management plans in collaboration with government entities while engaging the public, NGOs, and the private sector; (iv) coordinating with stakeholders and the media to raise awareness of the importance of conserving water resources; (v) licensing water use and investment projects under regional laws; users must comply with limits or face penalties, and may receive compensation if well use is restricted; (vi) protecting rain-fed areas from floods by preserving soil and vegetation, maintaining wadi channels, and restricting agricultural, urban, or industrial development that harms water resources. Article 7 establishes at the Ministry a Regional Water Council with the following main tasks (i) setting internal water policy; (ii) approving water use plans across sectors; (iii) endorsing water resource projects and investments. It also oversees climate strategies related to water protection, approves water distribution plans, ensures funding for major water infrastructure projects, promotes modern irrigation systems for agricultural development, and develops plans to address droughts, floods, and water pollution. Article 15 stipulates that security forces, along with the Forestry and Environmental Protection Police, are responsible for safeguarding water resources.
To protect water resources, Article 9 prohibits (i) discharging waste from residential areas or industrial, agricultural, or commercial projects, as well as explosives, medical waste, or any other waste, into water resources unless it has been properly treated in accordance with scientific standards; (ii) altering the course of water resources in a way that reduces water quantity, causes pollution, or leads to flooding; (iii) drilling wells or using groundwater without a license from the Ministry; (iv) any activity involving the storage or reduction of water resources without prior authorization; (v) disposal of waste in any manner that negatively affects the quality or capacity of surface or groundwater resources or the environment; (vi) use of pesticides to control agricultural pests or chemical fertilizers in a way that leads to water pollution; (vii) establishing any project, facility, or residential building along riverbanks, their branches, lakes, reservoirs, or adjacent designated areas without a license from the Ministry, except for water and sewage projects; (viii) using toxic substances, electricity, pesticides, or explosives for fishing or capturing aquatic life in a manner that pollutes water resources; (ix) discharging oil waste into surface water resources, rainwater channels, springs, qanats, lakes, ponds, groundwater, or recharge areas; (x) dumping animal or poultry carcasses into waterways or groundwater recharge areas. Additionally, the Law also establishes that (i) water use must comply with international standards; (ii) polluted water and wastewater must be treated through modern treatment facilities; (iii) projects that generate waste are only permitted if they meet regulatory requirements and include treatment units, while existing projects are given six months to comply or risk losing their licenses; (iv) the Ministry is responsible for approving water consumption plans to ensure balance and fair distribution, and for developing measures to prevent floods, protect waterways, and reduce water loss and pollution.
Article 13 establishes the Regional Water Resources Protection and Recovery Fund, used to protect, restore, and prevent pollution of water resources, and its disbursement is regulated by a system issued by the Council of Ministers.