Cover - FAO Legislative Study No. 80

FAO LEGISLATIVE STUDY
80

Preparing national
regulations for water
resources management
Principles and practice

Stefano Burchi
Ariella D’Andrea

for the
Development Law Service
FAO Legal Office

Table of Contents


FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2003




The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

ISBN 92-5-105029-5
ISSN 1014-6679

All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Publishing Management Service, Information Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy or by e-mail to copyright@fao.org

© FAO 2003


Table of Contents

FOREWORD

INTRODUCTION

I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS

1. INTRODUCTION
2. THE GRANTING OF PERMITS FOR THE USE OF WATER

Step One - Filing of an application

Pre-requisites to the filing of an application
Authorities competent to receive applications
Format of applications
Supporting documents
Payment of filing fees
Other procedural requirements

Step Two - Recording of applications
Step Three - Review of applications
Step Four - Deciding on applications
Step Five - Formatting of permits
Step Six - Recording of decisions and permits
Step Seven - Appealing from adverse decisions

3. GENERAL OBLIGATIONS OF PERMIT HOLDERS

Status of existing works if permit or activities under a permit cease
Taking of records of water intakes
Restraining the intake of water
Construction, operation and maintenance of works instrumental to a permit
Return of excess and "return" flow
Other matters

4. MANAGEMENT OF PERMITS
5. TRADING OF PERMITS
6. SUCCESSION TO PERMITS
7. CHARGING FOR THE USE OF WATER UNDER A PERMIT
8. DEALING WITH "EXISTING" USES OF WATER
9. MECHANISMS COMPLEMENTARY TO THE GRANT OF PERMITS
10. DISPUTES BETWEEN THE HOLDERS OF WATER UTILIZATION PERMITS
11. ENSURING COMPLIANCE WITH THE LAW

II. PREVENTION AND CONTROL OF WATER POLLUTION

1. INTRODUCTION

1.1 Scope of the Chapter
1.2 Legislative Approaches to Water Pollution Prevention and Control by the Government, and the Role of Subsidiary Legislation

2. CONTROLLING WATER POLLUTION THROUGH PROHIBITIONS
3. CONTROLLING POLLUTION THROUGH WASTE DISCHARGE OR OTHER PERMITS OF COMPARABLE SCOPE

3.1 The Granting of Waste Discharge Permits

Step One - Fulfilling requirements precedent to the filing of applications
Step Two - Filing of applications

Circumstances under which a permit is required
Format of applications
Supporting documents and evidence
Payment of filing fees

Step Three - Review of applications
Step Four - Deciding on applications
Step Five - Formatting of waste discharge permits
Step Six - Appealing from adverse decisions
Step Seven - Recording of decisions and permits

3.2 General Obligations of Permit Holders

Standards of effluent quality
Changes in the quantity and/or quality of the waste discharged
Dilution of the effluent discharged
Spills or accidental discharges
Monitoring and recording of measurements
Construction of works instrumental to the discharge

3.3 Management of Waste Discharge Permits
3.4 Charges for Discharging Waste under a Permit
3.5 Dealing with "Existing" Discharges or Processes

4. CONTROLLING POLLUTION THROUGH PERMITS FOR THE ABSTRACTION AND USE OF WATER
5. CONTROLLING WATER POLLUTION FROM "NON-POINT" SOURCES, IN PARTICULAR THROUGH ZONING
6. PREVENTING WATER POLLUTION THROUGH PRECAUTIONARY PRESCRIPTIONS
7. OTHER COMPLEMENTARY WATER POLLUTION CONTROL MECHANISMS

7.1 Water Quality Management Planning
7.2 Inventory of Pollution
7.3 Standards of Water Quality ("Ambient" Water Quality Standards)
7.4 Standards of Effluent Quality ("Effluent" Quality Standards)
7.5 Sampling and Testing of Waters and Effluents

8. ENSURING COMPLIANCE WITH THE LAW

III. GROUNDWATER DEVELOPMENT AND CONSERVATION

1. INTRODUCTION

1.1 Scope of the Chapter
1.2 Legislative Approaches to Groundwater Management

2. PRIOR NOTIFICATION OF BOREHOLE DIGGING OR WELL DRILLING OPERATIONS
3. PERMITS TO DIG OR DRILL BOREHOLES AND TO CONSTRUCT WELLS

3.1 The Granting of Permits

Step One - Filing of an application

Activities for which an application needs to be filed
Pre-requisites to the filing of applications
Format of applications
Supporting documents
Payment of filing fees
Other procedural requirements

Step Two - Review of applications
Step Three - Deciding on applications
Step Four - Recording of decisions and permits
Step Five - Appealing from adverse decisions

3.2 Format of Permits
3.3 General Obligations of Permit Holders
3.4 Management of Permits

4. DEALING WITH "EXISTING" WELLS
5. LICENSING OF WELL DRILLERS

5.1 Granting of Licences or Registering as a Well Driller

Step One - Applying to be registered as a driller or for a driller's licence
Step Two - Review of applications
Step Three - Formatting of licences
Step Four - Recording of licences

5.2 Management of Licences

6. ZONING OF GROUNDWATER AREAS
7. ARTIFICIAL RECHARGE OF GROUNDWATER SUPPLIES
8. ENSURING COMPLIANCE WITH THE LAW

IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL

1. INTRODUCTION
2. GOVERNMENTAL CONTROL OF WATER DEVELOPMENT WORKS AND STRUCTURES
3. FLOOD CONTROL STRUCTURES AND OTHER MEASURES

V. IRRIGATION WATER DEVELOPMENT

1. INTRODUCTION
2. GOVERNMENT-FUNDED IRRIGATION WATER DEVELOPMENT

2.1 Occupation of Irrigated Land
2.2 Distribution and Use of Project Water
2.3 Protection and Maintenance of Irrigation Infrastructure
2.4 Charging for Project Water
2.5 Law Enforcement

3. WATER USERS' GROUPS

VI. DRAINAGE OF LANDS

1. INTRODUCTION
2. LAND DRAINAGE
3. DRAINAGE AND RECLAMATION OF SWAMPS AND MARSHLANDS

VII. CHARGING FOR WATER

1. INTRODUCTION
2. RATES OF WATER CHARGES
3. PAYMENT AND COLLECTION OF CHARGES
4. WAIVERS

APPENDICES

APPENDIX I - Forms under Chapter I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS

2. THE GRANTING OF PERMITS FOR THE USE OF WATER
4. MANAGEMENT OF PERMITS
5. TRADING OF PERMITS
6. SUCCESSION TO PERMITS
8. DEALING WITH "EXISTING" USES OF WATER
9. MECHANISMS COMPLEMENTARY TO THE GRANT OF PERMITS

APPENDIX II - Forms under Chapter II. PREVENTION AND CONTROL OF WATER POLLUTION
APPENDIX III - Forms under Chapter III. GROUNDWATER DEVELOPMENT AND CONSERVATION
APPENDIX IV - Forms under Chapter IV. WATER RESOURCES DEVELOPMENT AND FLOOD CONTROL
APPENDIX V - Forms under Chapter V. IRRIGATION WATER DEVELOPMENT
APPENDIX VI - Forms under Chapter VI. DRAINAGE OF LANDS
APPENDIX VII - Schedules under Chapter VII. CHARGING FOR WATER
APPENDIX VIII - List of legislative texts

FAO LEGISLATIVE STUDIES

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