Water Law 2020.

This Law consisting of 77 articles divided in XVII Chapters aims at (i) ensuring the sustainability of water, preserving, protecting, and developing its resources; (ii) ensure access to clean and safe water suitable for use and in conformity with the standard specifications stipulated by law providing adequate water supplies for the agricultural sector; (iii) enhancing the participation of the private sector in developing water projects, and enhancing effective governance; and (iv) providing water supply to all consumers in a fair, balanced, safe, clean manner at competitive prices, in accordance with the standards and plans set by the Ministry of Environment, Water, and Agriculture. Chapter IV clarifies that all surface water and renewable and nonrenewable groundwater is public property, and subject to the present Law. With the exception of seawater, no one may use or develop any water source without a license from the Ministry of Environment, Water, and Agriculture. A license to exploit water sources may not be transferred with ownership of the relevant land without the ministry’s approval. Water use and allocation shall be according to the priorities established at article 12, respectively (1) basic human needs; (2) watering animals; and (3) agricultural, urban and industrial demand, and the minimum environmental balance. The priorities in this case are determined by a decision of the Ministerial Committee based on the proposal of the Ministry.
The two main authorities in managing the sector are (i) the Ministry of Environment, Water, and Agriculture and (ii) the Water and Electricity Regulatory Authority (WERA). The main powers of the Ministry are (i) set and approve plans and programs aiming at developing and conserving and improving water resources, determining the means for their use and treatment in the short, medium, or long term; (ii) set up strategic water storage plans and programs to encourage active participation in the private sector and attract investment in development projects and conservation of water resources; (iii) declare, in coordination with the National Risks Unit, a state of emergency during natural and other disasters that would affect water resources in relation to the efficiency in water supply, or pollution of water or one of its sources, its conservation or its treatment. The main Ministry's specializations concern (i) license system (suspension, transfer, grant for the activity of pumping, etc.); (ii) organization of the process of rationalizing the use of water; (iii) control on the regularity of sourcing and using water; (iv) measurement and monitoring operations of water consumed by the licensees; (v) setting of standards for the quality of water used for agricultural purposes. The main tasks of the ECRA are (i) approving the implementation plans prepared by the licensees to provide the service, according to the long-term plan approved by the Ministry; (ii) taking the necessary measures to provide additional quantities of water for urban use in the event that a clear shortage of its supplies is expected, based on the requirements of the public interest; (iii) organizing all contracts for the sale of treated wastewater, in accordance with the National Water Strategy; (iv) deciding on issues, matters and complaints related to service provision activities raised by the concerned parties, especially consumers, or licensees. Furthermore, both the Ministry and the Authority shall provide private sector institutions with information that enables them to make their decisions, and prepare feasibility studies for investment in activities for the use of water resources, while all government and private agencies, research centers, and authorized individuals must provide the Ministry and the Authority with the necessary information, samples and documents.
Chapter V in dealing with water uses establishes, among others, that (i) with the exception of drinking, household uses, and food industries, it is permitted to use triple-treated water after ensuring its safety, free of contaminants, and its compatibility, in accordance with the controls and requirements set by the Ministry's regulations (art.23); (ii) the agricultural irrigation system must include an integrated drainage system to collect excess irrigation water and dispose of it in a safe manner (art.24); (iii) dual treated water is permitted for restricted agricultural irrigation, industry, mining, construction, and other activities and businesses, after making sure of its safety (art.25); (iv) it is prohibited to drain rainwater, groundwater, agricultural drainage water and the like, or water produced from construction sites into the public drainage network, except with the approval of the licensee to provide the service (art.30).
Water tariffs, as established in Chapter VI, are proposed by a Ministerial Committee headed by the Minister of Environment, Water, and Agriculture. Other members are the Minister of Energy, Industry and Mineral Resources; Economy and Planning; Finance; and Municipal and Rural Affairs. This Committee will submit its proposals to the Council of Ministers for approval, taking into account the principle of rationalizing water use, preserving resources, calculating domestic and commercial water requirements, and the cost of production, transport, distribution, and storage. The Ministerial Committee will conduct a review of water tariffs at least every 5 years.
As regard inspections, the Law establishes that Ministry inspectors have the right to (i) enter sites and facilities, including private areas to ensure the regularity of access to water and its uses, the safety of its sources, and the extent of compliance with the conditions of the license; (ii) enter farms that use treated water, to verify compliance with the conditions of the license, and to take measurements and samples to ensure that the treated water, products, and crops irrigated by it are free of contaminants and that they are safe from any damage or danger to health or the environment (articles 20 and 22).
Chapter XVI establishes a Violation Review Committee (VRC), constituted by a decision of the Minister or by a decision of the Chairman of the Board of Directors of the ECRA, that (i) imposes fines for violations; (ii) may oblige the violator to stop the violation.