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FAOLEX Database

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
Date of text: 10 April 2003

Constitutional provisions

Date of text: 15 December 2018

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

Natural resources: The Constitution underlines that every act, every agreement, every convention, every administrative arrangement of any other act, which has as a direct consequence to deprive the Nation of all or a part of its own means of existence deriving from its resources or from its natural wealth, is considered as an imprescriptible crime of pillage and punished by the law (Article 38). Further Article 11 of Chapter VI regarding the legislative power sets forth that, the environment and the conservation of the natural resources are of the domain of the law. The law determines equally the fundamental principles, among other things, of waters and forests.

Agriculture

Water used for irrigation, forestry and aquaculture

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

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems

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

Water and Environment

Water in environmentally-sensitive areas; ‘water demand’ by ecosystems; protection forests; water conservation zones; environmental impact assessment

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

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology