التشريع المائي للمياه الجوفية (تشريع المياه الجوفية) & الترتيب التنظيمي من الأحكام العرفية إلى التخطيط المتكامل للمستجمع المائي

The note reviews country legislation over groundwater resources, specifying many governments have introduced legislation to regulate groundwater development, and to constrain activities that might compromise groundwater availability and quality. This trend reflects increasing competition, and conflict between groundwater users, including an increased threat of groundwater pollution. Initially, this legislation was piecemeal, relating to specific water uses or problems as they arose. Subsequently, realization that negative impacts on groundwater may also affect surface water, is bringing about the greater integration of legal provisions on water resources. The note suggests comprehensive water legislation offers considerable advantages, since it provides a legal basis for the effective, and sustainable management of groundwater through: guidelines for, and limitations to, the exercise of public powers; provision for the quantification, planning, allocation, and conservation of groundwater resources, including, inter alia, water abstraction and use rights; a system of wastewater discharge licenses, helping to protect groundwater against pollution; definition of the rights, and duties of groundwater users; protection of use rights, of the rights of third parties, and of the environment; requirements for the registration, and qualification of well drillers; possible administrative intervention in critical situations (aquifer depletion or pollution); and, provision for cooperative interaction between water administrators, and water users. It is important in the present context, to note that the concept of 'legislation' differs from that of 'law'. Legislation is written law, promulgated according to procedures enshrined in the constitution, while law covers both legislation, and unwritten rules stemming from custom.

Publication Number BN4
Author(s) Stephen Foster, Albert Tuinhof, Charles Dumars, Karin Kemper, Hector Garduno, Marcella Nanni
Published by World Bank
Year 2003
Pages 6
Topics WATER RESOURCES MANAGEMENT, Planning and Economics, Groundwater