786

Islamic Republic Of Afghanistan

Ministry of Water and Power

Draft

Amendment and Review

Table of Contents

Water Law

Chapter One: General Provisions

Chapter 2: Organizing and Managing Water Resources

Chapter 3: River Regions Bodies

Chapter 4: Water Usage and Distribution

Chapter 5: Protection of Water Resources

Chapter 6: Solving Conflicts, Crimes and Punishment

Water Law

Chapter 1

General provisions

Basis:

Artcile 1:

This law is implemented keeping in view values of the Islamic Republic of Afghanistan’s constitution for the purpose of equitable distribution of water, effective and constant use, meeting the needs, ensuring and strengthening economic condition of the country, protecting water resources and respecting the rights of water consumers whilst considering the likened customs and traditions of the people.

Water Ownership and Management:

Article 2:

Water is the ownership of the public. The government is responsible for its protection and provides management.

Terms:

Article 3:

The following shall have the following meanings in this law:

  1. Water Resources: means resources on and under the ground level including rivers, streams, lakes, canals, ponds, iceboxes, water dams, springs, drains and wells where water constantly or upon delays inclines or water pours out of them.
  1. Ground-level waters: means waters present on the level or close to beds of rivers, streams, lakes (big canals), water drains, ponds, iceboxes and/or any other type of water present on the level.
  1. Under-ground water: means waters found in different depths under the ground including springs, subterranean canals etc.
  1. Water closet: means the area above the reservoir.
  1. License: means the written document issued in accordance with the provisions of this law concerning accepting responsibility for tasks regarding water storages or other matters related to water.
  1. Certificate: means the written document issued in accordance with the provisions of this law for the usage of water.
  1. Strategy: means the ways of implementing the devised policies concerning protection, use, expansion, safeguard, organizing and control of water resources in accordance with the specified policies.
  1. Pollution: means the direct and indirect change in biological, chemical and physical characteristics of water as:
  1. It damages the health and soundness of human beings, water living beings and those related to water or damages the overall quality of water;
  2. Water cannot be used for the expected purpose.
  1. Water consumers association: means the volunteer organization of individuals and legal entities established in accordance with the provisions of this law and a separate regulation for the purpose of ensuring social, economical, and professional objectives.
  1. Ecosystem: means the relationship among all the living beings of a region and their relationship with their environment.
  1. Organizing and managing water regions: means the equal participation among water regions council as the decision-maker body and the administrative body of water region as the advisory body and implementer in the relative water region that is established according to the provisions of this law.
  1. Water region: means the closet areas where water flows naturally to one single point.
  1. Subsidiary water region: means a branch of water region.
  1. Border rivers: mean rivers that flow from Afghanistan towards a neighboring country or from there towards Afghanistan or flows in the border areas.
  1. Water region policy: means a multilateral management for the purpose of organizing water resources and the establishment of administrative bodies keeping in view the natural limits of water regions in the country.
  1. Reservoir: means the area where water emerges from streams and flows to water tanks, ponds, rivers and other water branches.
  1. Individual: means a person or a legal entity.
  1. Water-contained layer: means the layer of land that absorbs, stores or transfers water.
  1. Water suppliers: mean government and non-government institutions, companies, associations of water consumers that are established for the purpose of offering water services to consumers, collection of excess water and other services related to water. They obtain the cost of water consumption based on another regulation from consumers.

Organizing, managing and development of water resources

Article 4: multilateral planning, administration, management and development of water resources for the purpose of constant ensuring and protection of water resources and environmental protection will take place with the approach of river region.

Manipulation of water resources

Article 5:

Expansion, storage, control and protection of country’s water resources takes place in accordance with the national strategy and the provisions of this law.

General use of water resources

Article 6:

Water resources can be used for the purpose of drinking water, means of livelihood, agriculture, industry, public services, energy production, transport, shipping, fishing and environment while keeping in view the likened national and historical traditions. Priority in water manipulation will be given to drinking water and for the purposes of livelihood.

Water supply services expenditure

Article 7:

Water usage will be free of cost but water suppliers can charge fees for the purpose of supply, transfer, storage, change of direction, water purification, administrative affairs and the protection of water and irrigation systems etc. from water consumers according to regulations.

Responsibilities of government institutions

Article 8:

  1. Determination of under-ground water, their protection system from pollution and the determination of chemical and bacteriological composition of under-ground water is the responsibility of ministry of mines with the cooperation of ministry of public health and the national bureau of environmental protection.
  1. Protection of on-the-ground water from pollution and the supervision of its quality lie with the national bureau of environmental protection with the cooperation from ministry of water and power and ministry of public health.
  1. Determination of irrigation norms in different water regions, irrigation systems and other researches concerning manipulation of water in the filed of agriculture lies with the ministry of agriculture and irrigation with the cooperation from the ministry of water and power.
  1. Supply of drinking water, livelihood water, provision of services including construction of water purification buildings and transfer of drinking water and construction of purification buildings and transfer of waste water in city centers lies with the ministry of rural development.
  1. Supply of drinking water in rural areas and the system of evacuating waste water by government institutions and the private sector takes place with the guidance from the ministry of rural development and other related organizations.
  1. Boundaries of resources and water establishments including storage dams, water passages, rivers, traditional and engineering canals, subterranean canals, springs, wells and other natural conduits like SIABUR are safe from molestation. Determination of boundaries will be specified in another regulation related to water resources from the ministry of water and power with the cooperation from related bodies.

Safety and stability of dams

Article 9:

The ministry of water and power is obliged to protect, safeguard and supervise the safety of dams.

Supreme council for organizing affairs related to water

Article 10:

  1. for the purpose of establishing cooperation, policy-making and provision of facilities in implementing programs concerning water ensuring, development and manipulation of water resources, the supreme council of water management will be established as follows:
  1. first deputy of the president as chairman
  2. minister for water and power as the head of secretariat and member
  3. minister of agriculture and irrigation as member
  4. minister of city development as member
  5. minister of mines as member
  6. minister of public health as member
  7. director general of national bureau for environmental protection as member
  8. Kabul municipal as member
  1. Duties and the method of operation the supreme council of water management affairs will be determined through a separate regulation.

CHAPTER II

ORGANIZING AND MANAGING MANIPULATION OF WATER RESOURCES

Principle responsibilities of ministry of water and power

Article 11:

The ministry of water and power has the following responsibilities and authorities concerning organizing and managing manipulation of water resources:

  1. Managing use of water resources, organizing and construction of water resources building in Afghanistan through cooperating the activities of river regions and the association of water consumers that are established under the provisions of this law;
  1. Providing and devising policy and strategy for multilateral guidance and planning concerning balanced growth, manipulation and the protection of water resources keeping in view the policies of the country.
  1. Ensuring share of drinking water and water for livelihood and other uses to all the needy residents of the country and meeting the needs of water ecosystems and those related to it especially during high demand of water.
  1. Ensuring just, effective and economically efficient sharing of water resources for national interests concerning development of cities and rural areas in the fields of agriculture, industry and mines.
  1. Respecting international agreements of bi or multilateral importance concerning shared water resources that have been signed by Afghanistan.
  1. Cooperation in the field of research, collection of numbers, its analysis, disclosure of the needed hydrological and technological information and the policy of water protection with other related organizations.
  1. Supply and disclosure of standards for manipulation, use, protection and management of water resources.
  1. Supervision of river regions organizations’ activities.
  1. Management and control of buildings in seashore and water boundaries.
  1. Management and supervision of protection and dams safety.
  1. Managing the priorities for the development of water resources on national and international level.
  1. Collection and analysis of hydrological information of on-the-ground water.
  1. Reconstruction, construction of dams, canals and other big establishments and their protection.
  1. Preparation of statutory and regulatory drafts on manipulation of water resources in collaboration with other related organizations.
  1. Guidance and supply of economical and technical support to river region for the purpose of organizing strategy in the related region.

National water resources strategy

Article 12:

The ministry of water and power will develop and forward to public information the national strategy of water resources in coordination and cooperation with the concerned bureaus.

Cooperation in national network of information and supervision

Article 13:

  1. Ministry for water and power and mines, in cooperation with other related organizations, will establish the national network of information and supervision on water resources for the collection and recording of the following information:
  1. Quantity, quality and manipulation of water resources
  2. Condition of streams and environment that impact water resources
  3. Condition of strategy and projects’ implementation.
  4. Ensuring basis for storage and use of water
  1. Ministry of water and power, when needed, will give the information present in the national network of information for the purpose of research and operational affairs to related organizations.

Digging deep wells

Article 14:

Ministry of water and power can obtain numbers from people for the following purposes:

  1. Enriching national network of information and supervision;
  2. Bureau for managing and protection of water resources.

Recording measure of water consumption

Article 15:

Water services suppliers and the dischargers of waste water are obliged to record and keep the measure of water consumption for the purpose of protecting national interests and later use.

CHAPTER III

ORGANIZATION, DUTIES AND AUTHORITIES OF RIVER REGIONS ORAGANIZATIONS AND COUNCILS

Organization of institutions and river regions

Article 16:

Ministry for water and power will establish river regions organizations for the purpose of offering better services, managing and distribution of water, protection of water resources. The ministry will specify their activities and provides interests to carry out their activities.

Duties and authorities of river region bodies

Article 16:

  1. River region bodies have the following duties and authorities:
  2. Providing strategy for administering and managing water in accordance with the national strategy of water interests keeping in view the characteristics and needs of the related regions;
  3. Cooperation with the related river region council;
  4. Development planning for manipulation, protection and managing of water interests for the following purposes:
  5. Allocation and just distribution of water effectively and economically;
  6. Implementing decisions of river region council;
  7. Implementing decisions of river region council;
  8. Taking, short-term, mid-term and long-term decisions for the purpose of reducing the effects of drought, floods and other natural disasters;
  9. Establishing cooperation with subsidiary river region bodies;
  10. Supervision of activities of the subsidiary river regions;
  11. Providing facilities in administrative matters to the related river region council;
  12. Duties mentioned in item (1) will be carried forward by the ministry of water and power until the establishment of river region bodies.

Establishment of subsidiary bodies

Article 17:

Ministry of water and power can establish subsidiary river region bodies when needed.

Organization of river region council

Article 18:

  1. Ministry of water and power can establish river region council comprised of water consumers, relative government institutions, regional bodies and other organs.
  2. Ministry of water and power can transfer the authorities of water resources department to river region council after capacity building and the required capability through technical trainings.

Duties of river region council

Article 19:

River region council will have the following duties:

  1. Developing strategy for water resources for the river region system according to water resources strategy
  2. Keeping documents concerning license registration, change and revocation;
  3. Managing and supervision of affairs of ensuring water use rights;
  4. Supervision of subsidiary river region council duties;
  5. Implementing provisions of this law.

Entrusting authority

Entrusting authority

Article 20:

River region council can entrust some of its duties, apart from issuing licenses, to river regions bodies, city councils or water service providers provided that it does not serve as an impediment to duties of river region councils.

Changing decisions

Article 21:

River region council can change or reject decisions taken by subsidiary river region councils, city councils and water services providers.

River region councils

Article 22:

River region council keeping in view the water present in the related area, has the following authorities:

  1. Determining water share in accordance with national water strategy and policy.
  2. Issuing licenses of water usage in river region, implementing necessary conditions for review and modification of issued licenses and refusal of applications for licenses in the concerned river regions;
  3. Solving conflicts among water consumer in the concerned river regions;
  4. Taking decision concerning implementation of fines according to the provisions of this law;
  5. Requesting analyzed numbers and statistics from river regions bodies for decision-making;

Revocation or modification of the issued license

Article 22:

River region council can revoke or modify licensed under the following circumstances:

  1. When water consumers use their share without proper justifications;
  2. When water amount is insufficient;
  3. When water usage under all circumstances is more than national interest;

Obtaining fees

Article 24:

River region council can obtain a fee for its offered services after the approval of ministry of water and power under a separate regulation. The money will be kept in a specified bank account for the expenses of river region regarding their duties and development of water resources.

Finalization of decisions after the approval of ministry of water and power

Article 25:

Decisions of river region council concerning conflicts on water and payment of cash fines are deemed final after the approval of ministry of water and power. The parties can refer to the concerned court if they disagree to the decision.

Establish sub-council

Article twenty six

Ministry of Water and Energy can establish river region sub-council which consists of representative from users of water and the related governmental departments.

Organize Water Portion (Haqaba)

Article twenty seven:

River region sub-council organizes and watches the water portion in the related region based on the provisions of the law and performs the other duties shall assigne to it.

Recognize violators

Article twenty eight:

In case that the holder of the license does not achieve their duties regarding the maintenance and distribution of water according to provisions of law, they are recognized by the river region sub-council as violators and they are introduced to the related court to compensate the damage.

The solution organ/source

Article twenty nine:

The river region sub-council is the organ to resolve the violations in the river sub-regional level.

Manner of establishment

Article thirty:

The way how the river region council and River region sub-council are established, the number of members and elections are organized according to separate regulation .

Association of Users

Article thirty one:

  1. The users of water resources can establish Water Users' Association according to the provisions of law and separate regulation.
  2. How the association is established, terms of registration, rights and responsibility of the members and financial benefits and dissolution of the association are fixed by separate rules.

Duties of the Association

Article thirty two:

Water Users' Association duties are as follows:

  1. Take advantage and maintain water system
  2. Ensure the right of the staff of the association and other users of water according to provisions of the law in the framework of the policy, national strategy of water resources and river region approach.

Rights and mandates of the Association