FAOLEX Database

Portugal - Aqualex Profiles

Framework Law

The main law applicable to water resources management, which covers all of the following areas: administration; management, conservation and use of freshwater resources; water rights; waterworks; water supply
No legislation available

Constitutional provisions

Constitution of the Portuguese Republic, Seventh Revision [2005].
Date of text: 02 April 1976

Right to water: No provisions regarding the right to water.

Natural resources: Promoting the rational use of natural resources, while safeguarding their ability to renew themselves and ecological stability, with respect for the principle of inter-generational solidarity (Art. 66). In the economic and social field the state is under a State priority duty to adopt a national energy policy that preserves natural resources and the ecological balance, while promoting international cooperation in this domain and to adopt a national water policy that uses, plans and manages water resources rationally. (Art. 81).

Agriculture

Water used for irrigation, forestry and aquaculture
Decree-Law No. 119/2019 establishing the legal regime for producing water to be reused, obtained from wastewater treatment.
Date of text: 21 August 2019
Decree-Law No. 86/2002 updating the legal regime for agricultural waterworks, approved by Decree-Law No. 269/82.
Date of text: 06 April 2002
Decree-Law No. 236/98 establishing water quality standards.
Date of text: 01 August 1998

Water Supply and Sanitation

Provision of water services by public utilities or commercial organizations; water supply for domestic, industrial or other purposes; right to safe and clean drinking water and basic sanitation; quality of piped water; sewerage
Decree-Law No. 76/2016 approving the National Water Plan (NAP).
Date of text: 09 November 2016
Decree-Law No. 93/2015 creating the multi-municipal system of water supply and sanitation for the Northern Portugal.
Date of text: 29 May 2015
Decree-Law No. 194/2009 establishing the legal regime of municipal services for the public water supply, wastewater sanitation and urban waste management.
Date of text: 05 March 2014

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations
Decree-Law No. 76/2016 approving the National Water Plan (NAP).
Date of text: 09 November 2016
Decree-Law No. 93/2015 creating the multi-municipal system of water supply and sanitation for the Northern Portugal.
Date of text: 29 May 2015
Decree-Law No. 93/2019 creating the Multi-municipal water supply and sanitation system in the Algarve Region, assigning the related exploitation and management concession to Águas do Algarve, S.A, under a public and exclusive service regime.
Date of text: 15 July 2019

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems
Decree-Law No. 133/2005 establishing a licensing system for groundwater use.
Date of text: 16 August 2005
Decree-Law No. 86/2002 updating the legal regime for agricultural waterworks, approved by Decree-Law No. 269/82.
Date of text: 06 April 2002
Decree-Law No. 319/94 establishing the legal regime of concession, exploitation and management of water (abstraction, treatment and supply).
Date of text: 24 December 1994

Water Resources Management and Water Rights

Ownership and control of water resources; abstraction and diversion of water; allocation and quotas; riparian rights; priority of rights; free water use
Decree-Law No. 76/2016 approving the National Water Plan (NAP).
Date of text: 09 November 2016
Decree-Law No. 93/2015 creating the multi-municipal system of water supply and sanitation for the Northern Portugal.
Date of text: 29 May 2015
Decree-Law No. 194/2009 establishing the legal regime of municipal services for the public water supply, wastewater sanitation and urban waste management.
Date of text: 05 March 2014

Water and Environment

Decree-Law No. 76/2016 approving the National Water Plan (NAP).
Date of text: 09 November 2016
Water Act No. 58/2005.
Date of text: 29 December 2005
Law No. 10/2014 approving the Statute of the Authority regulating Water and Waste Services (ERSAR).
Date of text: 06 March 2014

Water Quality and Pollution Control

Control of pollution and quality of freshwater bodies and groundwater; agricultural point and non-point sources of pollution; water quality standards
Decree-Law No. 76/2016 approving the National Water Plan (NAP).
Date of text: 09 November 2016
Decree-Law No. 93/2015 creating the multi-municipal system of water supply and sanitation for the Northern Portugal.
Date of text: 29 May 2015
Decree-Law No. 194/2009 establishing the legal regime of municipal services for the public water supply, wastewater sanitation and urban waste management.
Date of text: 05 March 2014

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology
Water Act No. 58/2005.
Date of text: 29 December 2005
Decree-Law No. 183/2009 establishing technical requirements for the monitoring of water chemical parameters.
Date of text: 10 August 2009
Decree-Law No. 133/2005 establishing a licensing system for groundwater use.
Date of text: 16 August 2005

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system
Law No. 31/2016 on the third amendment of Law No. 54/2005 establishing the title ownership of water resources.
Date of text: 23 August 2016
Decree-Law No. 236/96 establishing a special regime for the reparation of damages caused by overflows in the Tago River basin.
Date of text: 13 December 1996
Resolution No. 113/2005 on the National Plan for Efficient Water Use.
Date of text: 30 June 2005

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers
Resolution of the Assembly No. 62/2008 approving the Protocol revising the Cooperation Convention on the Protection and Sustainable Use of Waters in the Portuguese-Spanish River Basins (Albufeira Convention).
Date of text: 11 November 2008
Order No. 983/2010 on underground water protection in Óbidos Municipality.
Date of text: 24 September 2010
Order No. 963/2010 on underground water protection in Barreiro Municipality.
Date of text: 23 September 2010

Policies

Regional Legislative Decree No. 2/2020/A approving the Annual Regional Plan for 2020.
Date of text: 29 November 2019
Law No. 99/2019 on the National Programme for Territorial Planning Policy.
Date of text: 05 September 2019
Resolution of the Council of Ministers No. 130/2019 approving the Action Programme for the Adaptation to Climate Change (P-3AC).
Date of text: 06 June 2019
Regional Regulatory Decree No. 5/2019/A establishing the first Amendment to the Management Plan of the Furnas Basin Lagoon (POBHLF).
Date of text: 25 March 2019
Regional Regulatory Decree No. 4/2019/A establishing the first Amendment to the Management Plan of the Sete Cidades Lagoon (POBHLSC).
Date of text: 30 November 2018
National Action Plan for the Sustainable Use of Plant Protection Products.
Date of text: 29 November 2020
Regional Legislative Decree No. 1-A/2017/A approving the Management Plan for the Azores Hydrographic Region (PGRH-Açores 2016-2021).
Date of text: 13 February 2017
Resolution of the Council of Ministers No. 78/2014 approving the New National Policy to Combat Desertification (PANCD).
Date of text: 11 December 2014
Continental Rural Development Programme for 2014-2020.
Date of text: 29 November 2020
Regional Rural Development Programme - Madeira 2014-2020.
Date of text: 29 November 2020
Rural Development Programme for the Autonomous Region of Azores 2014-2020 (PRORURAL+).
Date of text: 29 November 2020
National Action Plan for the Sustainable Use of Plant Protection Products.
Date of text: 29 November 2020

Main basins

Sado River Basin
Cávado
Ave
Leça
Vouga
Mondego
Lis
Mira
Douro
Guadiana
Lima
Miño/Minho
Tagus