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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

Constitutional provisions

Date of text: 18 December 2017

Right to water: ‘Each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficient food supply, to potable water, to education and instruction in the conditions specified by the law. The State assures to each one the satisfaction of the essential needs and services as well as a full development. Each one has the right to freedom and to security within the conditions defined by the law’(Art. 12).

Natural resources: Section 2 of Part VII sets forth the principles regarding the exploitation and the administration of the natural resources and of the subsoil and states that The natural resources and the subsoil are the property of the Nigerien people and the State exercises its sovereignty over them. The exploitation and the administration of the natural resources and of the subsoil must be done with ttransparency and taking into account the protection of the environment, and the cultural heritage as well as the preservation of the interests of present and future generations (Article 150). Articles 151 and 152 sets out that the State assures itself of the effective implementation of the contracts for prospecting and for exploitation granted and the receipts realized on the natural resources and on the subsoil are divided between the budget of the State and the budgets of the territorial collectivities according to the law.Article 100 states that the law determines the fundemental principles regarding the protection of the environment and of the conservation of the natural resources.

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

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers