In the name of God
Water Law
Chapter One
General Provisions
Rationale
Article one:
This law has been adopted to give effect to Article 9 of Constitution of Afghanistan for
the purpose of water resources protection, fair distribution of water, effective and
sustainable use of water, strengthening of national economy, and fulfilling the rights of
water users, based on praiseworthy customs and the traditions of the Afghan people.
Ownership and Water Management
Article two:
Water is a public property and the government is responsible for facilitating its protection
and management.
Definitions
Article three:
Terminologies used in this law have the following meanings:
1.Water Resources: Surface and ground water (basins, rivers, streams, canals, swamps,
lakes, glaciers, check dams, springs, Karazes and wells) of which the water comes out or
comes down regularly or pausing.
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2. Surface waters: all waters, on the surface or near river beds , swamps, glaciers or
any other surface reserves.
3. Subterranean waters: all waters that are under the ground in different depths
including spring waters, Karazes, deep and ordinary wells, etc.
4. Watershed: the up level of upstream.
5. Permit: an official document to be issued to allow undertaking of an activity related to
reserve of water in accordance with this law.
6. Usage Permit: an official document to be issued for using of water resources
according to the provision of this law.
7. Strategy: the method of implementing planned policies in regard to protection, usage,
development, maintenance, arrangement and control of water resources within specific
policy frameworks.
8. Pollution: the direct and indirect change in biological, chemical and physical nature of
water being harmful to human health, and other aquatic organism, including harmful flora
or those being harmful in particular usage of water.
9. Water Users Association: is the volunteer group of real and legal persons for water
use with regard to the use of water.
10. Ecosystem: means all living organism in a region, the relationships among them and
the relation with their environment.
11. River basin: catchments water into which water naturally flows in a joint outlet.
12. Sub-river basin: a branch of river basin.
13.Transboundary river: a river which flows on the common border of Afghanistan and
another neighboring country.
14. River basin approach: the overall management of water resources and establishment
of managing offices with regard to natural borders of river basins in the country.
15. Catchments area: the area naturally sourced from precipitations flowing into
reservoirs, streams, rivers or other water ways.
16. Watery layer: is the earth surface, which sucks up, reserves and transfers the water.
17. Water services provider: government and non-government institutions, companies,
water users associations, established to provide water services to the users, reserve
surplus waters, and other water related services.
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18. Irrigation Scheme: A set of all canals and water ditches to use their water for
agricultural purposes, which begin from main canals and extend up to agricultural farms.
Management, regulation and development of water resources
Article four
Integrated planning, management and development of water resources for sustainable
supply and protection of water resources and environment shall be executed with due
regard to the river basin approach and in accordance with this law.
Water Resources Development and Protection
Article five
Development, supply, use, control and protection of the country’s water must be
managed in regard to Water National Strategy, environmental protection and in
accordance with this law.
Public usage of water resources
Article six
The water resources shall be used according to this law and in regard to the praiseworthy
customs and the traditions of the Afghan people to meet the needs for drinking water,
agriculture, livelihood, industry, public services, and generation of energy, transport,
navigation, hatchery and environment. Priority for use of water resources shall be given
to drinking water and livelihood.
Charges for Water Services
Article seven:
Usage of water is free but the water service provider may charge the users for costs
related to , supply storage, transfer, storage, diversion and treatment of water and other
operational and maintenance activities relating to water distribution and irrigation
systems, in accordance with specific regulations.
Responsibilities of Government Institutions
Article eight:
(1) Ministry of Energy and Water is responsible for planning, management and
development of water resources in the country in cooperation with line
ministries and organizations
(2) Ministry of Mines in cooperation of MoPH and NEPA.shall identify ground
water resources, their protection scheme against contamination and measuring
the chemical and bacteriological components of ground water
(3) The National Environmental Protection Agency shall manage conservation
of surface water in cooperation of MoAIL , MEW , Mines and MoPH.
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(4) Designating irrigation norms/standards in different water basins, irrigation
systems drainage water and other studies related to water use are the main
functions of the MoAIL in cooperation with the ministry of Energy and Water,
MoPH and NEPA .
(5) The Ministry of Urban Development shall provide potable, domestic water,
services related to construction of water filtration and transfer of potable water
and drainage water in accordance with approved standards developed by MoUD
in cooperation with the ministry of Energy and Water, ministry of Mines, MoAIL
and NEPA.
(6) The Ministry of Rural Rehabilitation and Development shall provide potable
water in rural areas and drainage system by government and non governmental
agencies taking into account the approved health standards are the functions of
MRRD in cooperation with the MoPH, ministry of Mines, MoAIL and NEPA.
(7) Water resources compounds and infrastructures, water supply dams water
catchments, rivers traditional and engineering designed canals, karazes, springs, wells
and other natural water ways, including washes shall not be abused. Water resources
compounds shall be determined by the ministries of Energy and Water, MAIL ,
MRRD in cooperation with relevant institutions, in separate legislation.
(8 Institutions providing water supply services and managing drainage water shall
record and maintain the water consumption and waste water discharging cost
physical , chemical and bacteriological quality and leave it open to the relevant
Council access if , required.
Supreme Council of Water
Article Nine
1. The supreme Council for water affairs management established in accordance with
the presidential decree. (order) for Coordinating developments related to water supply
programmes , and water resources management and its members shall be appointed
by president.
The The Supreme Council for Water functions and modalities of practices shall be
regulated in separate procedures that will be developed by the Supreme Council in
accordance with this law
Chapter Two
Management of Water resources use
Article 10
A. The Ministry of Energy and Water has the following functions:
1- Develop water resources management national strategy and policy based on this
law , in cooperation with line ministries and agencies and its process
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2- Develop Water resources use for different uses based on the national priorities
and its proposal to supreme council of water affairs .
3- Collecting, analyzing and evaluating hydrological data related to surface water.
4- Anticipating and publishing warnings on potential occurrence of floods and
droughts.
5- Constructing, monitoring, controlling, protecting and maintaining of power
generation infrastructures (small and large scales).
6- Building and rehabilitating main-dams, canals and other hydrological facilities,
their maintenance and safety.
7- Constructing, controlling and managing river embankment facilities.
8- Managing and control structures within bank and river beds of water courses.
9- Architecting the construction of traditional canals.
10- Establishing river basin agencies including consultative board from line
institutions and supervising their activities
11- Facilitating technical and financial assistance and capacity building programs for
river basins in cooperation with MoAIL, the ministry of Urban Development,
MRRD and NEPA.
12- Establishing of water users associations
13- Issue license in accordance with this law
14- Other relevant functions
Article 11
The Ministry of Agriculture, Irrigation and Livestock has the following functions:
1. Rehabilitating, developing and protecting the irrigation schemes.
2. Managing irrigations schemes with the cooperation of water users and fair
allocation of water rights within the system.
3. Constructing small scale dams and water catchments within the irrigation system
to be managed by regulation.
4. Improvement of catchments to mitigate flood risks and protect the environment
through agricultural measures.
5. Establishing Irrigation Associations to get involved in decision making related to
planning process, water resource utilization and maintenance of irrigation
schemes in water basins.
6. Conducting studies to find/make standards and the irrigations’ economic
effectiveness.
7. Mainstreaming appropriate irrigation technology to mitigate water wastage
quantity .
8. Protecting and conserving irrigation schemes and active ditches.
9. Other activities/functions
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Chapter three
River Basin Agencies and Councils
RB Agencies
Article 12
A. River basin Agencies shall be established to facilitate Integrated water resources
planning, involve water users and other social and cultural organizations in decision
making process related to management and development of water resources,
environmental protection, fair allocation of water right and other water management
related issues.
B. The River Basin Management Agency shall have the following functions:
1- Develop plans and manage water issues in accordance with Water Resource
Management National Policy with regard to river basin needs and conditions.
2- consultation with River basin Council in related affairs
3- develop local programs for development, use, conservation and management of
water resources in regard to water right allocation.
4- implement the decisions made by river basin Council.
5- make short term, mid term and long term recommendations to mitigate droughts,
floods and other natural disasters’ effects.
6- coordinate with sub basin Agencies.
7- monitoring the performance of sub basin agencies .
8- provide facilities ,related to administrative and executive affairs, to WU Council in
river basin.
Functions of the River Basin Councils
Article 13
1. The ministry of Energy and Water shall establish river basin Councils comprised of
water users representatives , involved central & provincial departments and other
involved groups in the basin
2. The ministry of Energy and Water may gradually delegate , after conduction capacity
building with necessary technical training, some of its powers to river basin Council
in accordance with this law, when appropriate.
Article 14
(1) The River Basin Council shall have the following functions and powers:
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1
Develop water resources management strategy in the relevant basin in
accordance with national water policy taking into account the conditions and
needs of the basin.
2 Determine water allocation based on national water policy.
3 manage and monitor issues related to water supply (water right) in relevant
river basin.
4 impose necessary conditions for the evaluation and amendment of permits and
awarding or refusal of applications in the relevant basin.
5 issue, record, alter or cancel documents related to controlling terms set out in
the permit.
6 keep records of all documentation related to permits and authorizations.
7 solve disputes originating from allocation and use of water in the relevant
basin.
8 monitor the performance of sub-basin Councils in the relevant river basin.
9 Modify or rejection of decisions of SB Council, civil Council and water
service suppliers
10 Ask river sub basin agencies for data and analyzed figures to make decisions.
11 monitor compliance with this law in daily performances.
(2) The River Basin council may delegate part of its powers to sub-basin Council ,
civil Council or water services providers, provided that it may not delegate the
power to issue permits
Revoking or Amending issued permits
Article 15
The river basin Council may amend or revoke the permits in the following instances:
1. If the water user without justified reason does not use the allocated amount of
water or exceed using more than allocated amount.
2. If water is not sufficient for numerous types of water use.
3. If required by national interest.
Application of Decisions Made by River Basin Council
Article 16
Decisions made by the river basin Council in regard to solution of disputes arising from
water issues and fine payment are applicable. In case of no satisfaction , both sides can
refer to MEW , if parties still do not agree with decision of MEW may appeals to
authorized court.
Sub-river basin Council
Article 17
1. The MEW shall establish Sub-Basin Councils consisting of representatives from
water beneficiaries, line government organs, local and other concerned parties.
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2. SB Council has rights and authorities mentioned in paragraph(1) article 14 , except
part 5,8,9 .
3. The number of RB&SB Council members and the way of selection of WU
representatives shall be managed based on statute
The number of the members in river basin Council and sub-river basin Councils and the
modalities of electing users’ reps shall be regulated in accordance with the statute.
Water User Association
Article 18
1- WUAs and Irrigation Associations may be established in accordance with this law.
2- Terms of reference, mandate, functions, and other relevant issues of these
associations shall be regulated in their statutes.
3- The ministry of Energy and Water and Ministry of Agriculture shall cooperate in
regard to registration and approval of and as well as capacity building with these
associations.
Chapter Four
Use of Water
Right of Using Water
Article 19
No person shall use the water resources without obtaining permit, except for the
following purposes:
1. drinking and livelihood, provided that a family consumption does not exceed 5
cube meters per 24 hours.
2. navigating, provided that the ship does not affect the sea/river coast and its
adverse impacts on water quality does not exceed the approved standard.
3. fire extinguishing.
4. the existing water rights subject to compliance with Article 20 (1) of this law.
Permit
Article 20
1. The existing water rights shall be gradually converted to permits in accordance
with the policy of the relevant river basin management authority.
2. The associations of water users shall obtain the water use permits after
registration in accordance with this law.
Application for License and Permit
Article 21
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(1) The license and permit shall be issued in accordance with this law and in regard
with applications submitted by water users including government water projects.
(2) It is mandatory to submit an application for obtaining a license or permit in the
following instances:
1- Use of surface and ground water in newly established development projects.
2- Flow of waste water into water resources
3- Flow of drainage water into water resources
4- Use of water for industrial andcommercial purposes
5- Use of natural springs with mineral water or hot water for commercial
purposes
6- Digging and equipping deep wells for commercial, industrial and agricultural
purposes
7- Construction of dams and other facilities for water supply with the capacity of
more than10000 square meter
8- Construction of facilities transgressing river beds, water canal, wetlands,
caraizes and springs
(3.) Purchase and sale of license and permits is prohibited.
(4.) Procedure for application and permit shall be developed and approved by MEW in
cooperation with relevant ministries and institutions
Installation of Gauging Facilities
Article 22
Water extraction and waste water discharge into drainage shall be gauged through
reliable and approved gauging equipments by relevant institutions.
Water Use in Agriculture
Article 23
1. The ministry of Agriculture and Irrigation may delegate its water allocation
power, within the relevant irrigation systems in specified areas, to registered
Irrigation associations.
2. Irrigation associations may transfer their allocation management responsibility
to water manager (Mirab Bashi) and sub water managers (Mirab ha) elected
by Irrigation associations.
3. The ministry of Agriculture and Irrigation shall provide necessary advices and
technical guidelines, requested by Irrigation associations, for the improvement
of irrigation system and other issues related to water allocation and increase in
agricultural production within the relevant areas.
Article 24:
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1
2
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MoPH shall set the standard for the quality of water for drinking and domestic
uses in accordance with international standards
MAIL shall set the standard for Agricultural Water quality
Standard for industrial discharge of waste water will be regarded by MoUD ,
considering approved norms which will be presecribed by MoPH , MAIL ,
Mines and NEPA
Water Usage for Generating Energy
Article 25
Water usage for generating energy (macro and micro scales) shall be managed in
accordance with this law in a manner not to affect potable water, livelihood, agriculture
and the irrigation infra-structures , protected embankment along rivers and roads and
public structures . Installation of small power generating plants within irrigation systems
shall be subject to the agreement of MAIL and MRRD and Irrigation Associations.
Government Water Resources Projects
Article 26
1. The government may transfer the water resources projects to water user
associations or irrigation associations under certain conditions along with a
license.
Water user associations and Irrigation Associations have the ownership of the
projects identified in sub article (1) and shall be responsible for the protection and
monitoring these projects.
2. Article 27:
Rivers , canals and other water resources shall be used for transport and navigation
through proposition of RB, approval of MEW and endorsement of Supreme Water
Councils
Suspension of Water Use Right
3. Article 28
Water use right shall be suspended in the following instances:
1. If a water user does not pay the charges for water service.
2. If a water use violates any provision of this law.
3. If a water user abuses water services.
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Chapter Five
Water Resources Conservation
Water Quality Standards
Article 29
1.
National Environmental Protection Agency in cooperation with MoPH and othere
involved institutions shall set the standard for the quality of water in the source
for different uses in accordance with international standards for potable water and
water for livelihood use ,as per separate regulation.
2. The water services supplier shall provide quality water for drinking and livelihood
purposes according to MoPH standards
3. National Environmental Protection Agency shall set the limits of contaminated
water resources in cooperation with the ministry of Public Health and other
relevant institutions.
Contamination of Water Resources
Article No. 30
1. Real and legal persons cannot exceed the authorized limit of water resources’
contamination by using or throwing impurities, industrial wastes, chemical and
poisonous material in water.
2. In accordance with this law, it is incumbent upon the offender to sustain the
compensation costs.
Control and Monitoring of Water Quality
Article No. 31
1. The ministry of Energy and Water and the River Basin Agency, in cooperation
with the River Basin Council and other relevant institutions, may control and
supervise the quality of water.
2. The managers of industrial projects shall submit their monthly written reports on
monthly reconciliation, to the authorities responsible for monitoring water quality
standards.
Adverse Effects on the Environment
Article No. 32
1. In comply with the bylaws and policy of the Environment, Proponents of macro
water resources development projects shall be responsible for the EIA
(Environmental Impact Assessment) in accordance with the Environment Law.
2. Water users must not utilize water in such a manner that affects the ecological
systems and causes soil erosions, land slides and other adverse effects on the
Environment.
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3. Proponents of water resources development projects, causing diversion of water
direction, shall meet the needs of downstream water users and relevant water
ecosystems.
Monitoring of Dams and Dam Safety
Article No. 33
1. The ministry of Energy and Water has the function of studying, planning,
building, estimating, stabilizing, maintaining and safety of macro dams.
2. Proponents of Dams shall recruit suitably qualified and experienced personnel for
the safety and monitoring of dams in regard to relevant safety norms/standards.
3. The ministry of Energy and Water shall own and manage dams if their ownership
is not specified.
4. The owners of dams shall be liable for neglecting and overlooking safety
measures related to dams’ protection in accordance with this law.
Chapter Six
Conflict Solution
Atricle 34
.
1 Conflict between WUs regarding water sresource use shall be solved through
WUA in cooperation with Mirabs within 7 days. If both parties do not agree with
decision , they shall be referred to SRB Council
2 When the conflict is not solved through SB Council within 7 days shall be referred
to RB Assemly
3 If it is not solved through SB Councils within 15 days shall be referred to MEW
4 If the parties do not agree with decision of the MEW can put their claim after
declaration of the MEW decision to relative court within a month.
5 Where there is not established RB or SB Council , the conflict shall be solved
through RBAs or WMDs
Offences
Article No. 35
A person, committing any of the following deeds, shall be considered an offender; and
shall be punished accordingly to a fine and, at the discretion of the court, up to two years
imprisonment and or shall be duty bound to compensate the damage caused or both
punishments will be applied:
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1. Obstruct, divert or abuse water resources.
2. Remove or damage measurement equipments or marks installed by the relevant
institution.
3. Divert the flow of water resources or intervene in the distribution of water without
legal authorization.
4. Violate the proximities of main water flow, rivers’ bed, canals, streams, springs,
karazes, drainage or lakes that constitute the public waters.
5. Pollute water which excesses the allowed norm
Chapter 7
Final Provision
Unfulfilment of the specified obligation in the permit
Article No. 36
If the owner of a permit does not fulfill its responsibilities according to content of permit
shall pay cash fine, and recover the cost of the actions
Water right abuse
Article No. 37
Any person, causing financial damage to another person as a result of abusing allocated
amount of water (Haqabah), he shall be liable to a cash fine in addition to compensation
of the damage occurred.
Deep well drilling
Article 38
Deep well for agriculture , commerce, industry and urban water supply
shall be drilled based on agreement of invlolved ministr and obtaining
license from ministry of mine.
Digging ordinary wells to meet the need for potable water and livelihood purposes is
exempted from this provision.
Proposal of regulation
Article No. 39
MEW in cooperation with MAIL, MRRD,MoMine shall propose Regulations for better
implementation of the law and apply procedures
Article No. 40
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This law will come into operation after being published in Official Gazette; and with the
commencement of this act, the Law of Water Resources Use published in the Official
Gazette No. (755) dated 1370 shall be repealed.
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