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Act 31 Of The 2005 Water Act Legislation

Original Language Title: القانون 31 لعام 2005 قانون التشريع المائي

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Law No. 31 of 2005 Water Legislation Law


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Act No. 31 of 2005
Date-birth: 2005-11-16 History-Hjri: 1426-10-15
Published as: 2005-11-16
Section: A law.

Information on this Act:
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Law No. 31 of 2005
Water Legislation Law

President
Based on the Constitution
As approved by the People's Assembly at its meeting held on the date of 17-9-1426 A.H., 20-10-2005, .
The following is issued :

Water legislation
Chapter I
- Definitions -
Article 1. The following expressions set forth in this Law shall mean the meanings set forth by each :
-
The Higher Committee for Water: A High National Authority to formulate the state's water policy in the near, medium and long term and adopt the water strategy that achieves this policy .
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Chairman of the Higher Water Committee: Premier or delegate of the Council of Ministers .
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Basin Management Committee: Committee to implement water policy established by the Higher Committee for Water within the basin concerned to conserve water resources from depletion, pollution and the achievement of sustainability .
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Ministry of Irrigation .
-
Minister of Irrigation: Minister .
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Ministry's public agency: Public institutions and public irrigation directorates for water basins .
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Organization: The competent authority for the investment of drinking water and sanitary drainage is intended for the public institution for drinking water and sanitation and its affiliated companies and units in the governorates. .
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Water Users Association: legal communities that have legal personality for farmers or beneficiaries of water in a particular hydrological unit, an information agricultural project, an independent irrigation system or a geographical area of a known legal nature, which is a non-profit entity .
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Society's work area: a geographical area of a corporate nature identified and determined by the Ministry .
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Hydrological basin: the clay basin specified in surface water partitioning lines .
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Water source: traditional water and non-conventional water :
1-
Traditional water: surface and groundwater :
a. Surface water: river water, inland lakes, streams, plaes, marshes, marons, ponds and pits .
b. Groundwater: springs water and water bearings .
2-
Non-conventional water: wastewater and industrial wastewater and agricultural drainage water, in addition to water generated by the required standard specifications .
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Water stream: River, table, channel, bank, neighbor, valley or liquefied .
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Public water: any water source or any water of public use for any purpose .
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Standard specifications: certified standard water standards issued by the competent authority .
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Water pollution: the presence of contaminated substances or causes in water that directly or indirectly change the physical, chemical, biological or microbial characteristics of the standards adopted in the standard specifications .
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Contamination: the natural or legal person, whether public or private, to contaminate the water sources in any manner that was direct or indirect .
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Al-Haram: The specific area necessary to protect the water source and to establish certain conditions in order to preserve the safety of the water source and protect it from all forms of depletion and pollution, and to carry out maintenance and surveillance. :
1-
Direct campus: The land around the water source that provides access to it to maintain it and keep it safe and prevent its pollution. .
2-
Indirect Campus: The land surrounding the direct sanctuary of water sources that prevents the execution of some works or restricts their investment to public interest necessities. .
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The dam is the artificial barrier that reserves water with the aim of benefiting from it for drinking purposes-irrigation-industry-preventing floods-organizing the watercourse-filtering-breeding: (Animal-Fish) - Tourism-Nice Climate .
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Water systems: public or private water transport systems that arise in order to supply or discharge water for all purposes and consist of :
1-
Irrigation water network system with different degrees :
a. Main channel: a watercourse covered or exposed to transport water from the water source and distribute it for irrigation and all other uses of water .
b. Secondary channel: watercourse from main channel .
c. Thalthian channel: watercourse from secondary channel .
D-The quad channel or field: the dedicated watercourse of the Thalthy Channel, which tells the fields .
2-
Agricultural drainage system (exposed-covered) system in varying degrees .
3-
The drinking water network system from the source to the common counter .
4-
The sewage system system with different degrees (main, branch, home lines) prior to treatment .
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Aquatic: The amount of water given during the irrigation cycle per hectare irrigated by the approved agricultural cycle is estimated (A3/ha) or ((a/ha/ha)) .
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Irrigation water: Water for agricultural use that achieves standard specifications .
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Drinking water: the water prepared for human and domestic use that meet standard specifications .
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Natural water of medical benefit: water that can be used for therapeutic purposes due to the special nature of its local, gas, radiological or thermal components, and sets out the conditions and methods of its use and the basis for its protection by decision of the Minister in coordination with the competent authorities, taking into account Laws promulgated in this regard .
-
Mandatory periodic detection: Periodic monitoring during specific time periods to assess the performance of the operation of the aquatic systems for all uses. These systems are defined in the executive instructions of this law, and are carried out by a qualified professional from within or outside the competent body .

Chapter II
- Public water -
Article 2. It is a public water property. :
1-
Internal water includes :
a. Watercourses of any kind that were within their designated limit in their running water line if they were filled before they were flooded. .
b. Lakes, inland navigation, walls, ponds and swamps within their limits designated under the level of the highest level reached by water prior to their flood .
Water waterfalls .
(d) Groundable groundwater from wells and all aquatic pregnant women .
e. Springs of any kind. .
f-The waters of the lakes of dams and water installations, which are established until the highest level, I think of them. .
Water, irrigation and drinking water .
Non-conventional water .
2-
Marine water and include :
Sea water within the territorial boundaries of the Syrian Arab Republic and its branches, ponds, sods and saltwater walls, as well as ports, sea basins, khale, navigation, roads and full banks .
b. Water from the mixing of inland waters with seawater at estuaries, beaches, tables and water under the sea .
3-
Sea shore up to the farthest distance to land, as determined by the plans adopted by the Ministry of Transport. .
4-
Syrian share of international watercourses shared within the borders of the Syrian Arab Republic .
5-
The direct campus of water sources and major public water installations, at least six metres .
Article 3. 1. The Minister shall constitute the Committee for the Identification of Water Resources from Stakeholders .
2-
Taking into account the provisions of Act No. 10 /10 of 1989, by decision of the Minister based on the proposal of the Committee for the Identification of Water Resources Campus :
a. To identify the direct campus of the public water bodies described in article II, and to prevent any construction and construction of any installations and any occupation on the direct campus, except for public water installations, buildings and occupation .
b. Identification of the indirect campus of water sources .
c. Identification of economic, tourism, agricultural and residential activities on the indirect campus, and the conditions to be provided within such activities according to laws and regulations in force, and the standard specifications adopted .

Chapter III
- Anchor of acquired rights to public water -
Article 4. Taking into account the rights acquired and previously proven to public water prior to the operation of this Act, the rights of persons who have acquired public water shall be fixed by the rights acquired, acted upon, or by custom, or by legal and unproven bonds in accordance with the provisions listed in the Act. This Chapter of Article 5-and to Article 13-is subject to its investment in the provisions of this Law .
Article 5. The work to stabilize the rights mentioned in article 4 shall be opened by a decision of the Minister, which shall include the following: :
1-
Public water covered by stabilization .
2-
Place of acceptance of the applicants' claims, and the time limit for their submission, to be less than 60 days from the date of publication of the decision .
Article 6. This decision is published in the previous article in one of the local newspapers, and in one of the capital's newspapers, as shown in the bulletin boards in the district centre, the area, the district, the peasant associations and water user associations, and also circulates to the villages covered by the operations of the villages. Anchor .
Article 7. 1. The stabilization of acquired unproven rights over public water shall be carried out by a committee formed in each of the Ministry's public bodies by decision of the Minister, headed by a judge, in the order of a consultant designated by the Minister of Justice, and membership of representatives of relevant stakeholders. .
2-
Committee members are sworn in by the Chair of the Committee :
???
I swear to God, to do my job honestly and honestly. ???
3-
The President and members of the Committee shall be awarded compensation by decision of the Prime Minister on the proposal of the Minister .
Article 8. Every person who claims in public waters in the area specified in article 5 of this Law shall submit a request within the prescribed period to the public authority of the Ministry, in favour of documents and documents, otherwise his application will not be considered .
Article 9. The Committee shall receive requests and documents submitted by the authors of the alleged rights and shall examine the documents, and may use the opinions and observations of persons and those who consider that they can provide the necessary explanations, and the Committee shall organize a preliminary report to be annexed to a table containing the names of the authors. Rights, nature and extent of these rights .
Article 10. The table mentioned in the preceding article shall be announced in the lobby of the public authority of the Ministry for a period of two months, published in a local newspaper, if any, and in one of the newspapers of the capital, and the Declaration is considered as a personal notification to all rights holders in the public water in the area of the stabilization process. .
Article 1.a. Persons who have applied for fixation within the prescribed period shall be entitled to submit their observations to the table within 60 days following the expiration of the schedule for viewing, and during the period of 30/day from the expiration date of the submission to be examined and taken by the Committee for the duration of the submission of the schedule. A decision on which to include the final table of acquired rights contested .
b. Rights holders to appeal to the Civil Appeals Tribunal in the Governorate to the decision referred to in paragraph (a) prior to 15 /day of the date of this decision, and the decision of the Court of Appeal shall be issued .
Article 12. Decisions of the Final Stabilization Committee shall be recorded in a special register with the competent public authority of the Ministry .
Article -13 - When conducting and editing work, acquired rights to public water are fixed in real estate sheets in accordance with the provisions of this Law .

Chapter IV
- Liquidation of acquired rights over public water -
Article 14-When public interest requirements require the liquidation of rights acquired on public water, a decision of the Prime Minister shall be made on the proposal of the Minister, including the statement of public benefit based on positive grounds, and this decision is concluded and is not subject to any road. Appeal or review and based on a scheme showing the water source and the real estate area covered by the liquidation process .
Article 15-The Ministry announces the commencement of the liquidation of acquired rights in the governorate lobby, the area and the district dealt with in the liquidation process, in one of the local newspapers, and in one of the newspapers of the capital. .
Article 1.6a. The Minister shall form a committee to assess the values of the acquired rights set out in chapter III of this Law based on the foundations laid by the Ministry and the Ministry of Agriculture and Agrarian Reform. .
b. The Ministry shall communicate the estimated values of the Committee to each of the rights holders in accordance with the provisions of the reporting in the Code of Civil Procedure and, at the same time, declare a public invitation to be acquainted with the minutes of preliminary assessment within thirty days, and this declaration shall be made in accordance with the provisions of the article. /15 of this Law .
Article 17. All persons who have applied in accordance with article 16 of this Law shall be entitled to submit their objections to the Primitive Estimate within thirty days of the day following the date of publication of the declaration or to report any further, and the estimated non-objector values during the The fixed term is concluded, and the objection of one of the partners to the right is to intercept the other partners .
Article 18. 1. The Minister is a committee to deal with objections made by rights holders, headed by a judge at the rank of a consultant designated by the Minister of Justice, as well as representatives of stakeholders and representatives of acquired rights holders. .
2-
The chairman and members of the committee shall be awarded compensation issued by a decision of the Prime Minister on the proposal of the Minister. .
3-
Committee members shall perform before their President the right provided for in paragraph 2/of article 7 of this Law .
Article 19. The values of acquired rights are paid in accordance with the provisions of article 25 of the Law Decree of the Legislative Decree No. 20 /20 of 1983 and its amendments. .

Chapter V
Government water systems
Article 20. Government water systems consist of sewers and lines for the transportation and distribution of water and its drainage (open and overseers), as well as its affiliated installations, which are assessed by the State and shall be operated and maintained, taking into account the duties and duties of water user associations by chapter. The tenth of this law. .
Article 21. Water sources, water systems, watercourses and dams shall be invested and maintained in accordance with instructions issued by the Ministry or the competent ministry .
Article 22-1. Land beneficiaries of irrigation systems have access to grid water according to distribution tables and water guillotine, and instructions issued by the Ministry .
2-
The use of sewage and agricultural drainage in irrigation only after obtaining an advance license from the Ministry depends on the quantity and quality of water in the bank .

Chapter VI
Drilling permits for wells and pumping devices
Article 23. Public water investment by public and private actors and for any purpose, except for emergency cases of the drinking water investor, is subject to the information of the Ministry during the drilling, and such cases are set out in the executive instructions. .
Article 24-A-Minister shall issue instructions governing the granting of public water investment permits and drilling wells for various purposes in coordination with the Ministries of Housing, Construction, Agriculture and Agrarian Reform, and the priority in granting licences for drinking water and public uses. .
b. The Minister's approval is considered to be a direct order for drilling for drinking water wells, with the authorization procedures to be completed later. .
Article 25. The Ministry, at the request of the applicant, shall grant a licence for one or more boreholes and provide technical assistance to it, all within the amount of water resources available in each basin, provided that modern irrigation methods are used for agricultural purposes, and that the use of water for other purposes is rationalized .
Article 26. 1. The validity of drilling licences shall take effect for one year from the date of their award, except for public wells designated for drinking water belonging to the Enterprise .
2-
On the licence student for the investment of the well's water, to apply for the license during the validity period of the drilling permit. .
3-
Requirements for the granting and investment of licences, the application forms for the licence and the data to be attached, how to study them and to grant licences, by decision of the Minister or by the delegate .
4-
All persons, bodies, departments and institutions that receive information of interest in the study of water resources during prospecting, geological, hydrogeological, geophysical or other work should be placed in the ministry to benefit from them when needed. The ministry must prepare an information bank, which will be divided into two settlements. :
First, they are allowed to be traded with the approval of the minister, and the second one: they are allowed to be used by the hiers and all public water workers. .
Article 27. A licence student is required to be a property owner, a beneficiary, a lessee and a majority of shares who are owners, beneficiaries, dispositions, agents or commissioners to do so and are exempt from that institution. .
Article 28. To be determined by decision of the Minister :
1-
The aqueous watery that can be licensed based on the water capabilities available in each basin, and it determines the quantities of water allowed to be pumped from the water source under the meters installed on all the pumping equipment for agriculture and irrigation .
2-
Modification of the amount of water specified in the licence from the water source increases or decreases in proportion to the water resources available in each basin .
3-
Conditions to be imposed on how to access public water and conditions to invest and protect against depletion and pollution .
Article 29-Pump's licences are granted for ten years, renewable by decision of the Minister upon request of the author, and in the light of available water resources. The licence is in force as of the date of its issuance. Licenses for drinking water and public uses are excluded from that date. .
Article 30. The licence is abolished in one of the following cases :
1-
If the owner of the licensed organ is not installed within one year of the date of the award, taking into account the cases assessed by the Ministry and specified in the executive instruction .
2-
If the licence holder does not perform the charges on their dates, .
Article 31. Licenses of different types shall be cancelled without compensation by decision of the Minister in the following cases :
1-
Damage to public water as or type .
2-
Undoing the damage, provided that this is proven. .
3-
The license holder breached the conditions contained in it for the second time. .
4-
Transfer of licensed water license to unauthorized use without the prior approval of the Minister .
5-
The coverage of the land licensed to be covered by a government irrigation project .
6-
The license of the licence holder to implement laws and regulations in place for the investment of water .
7-
The issuance of the licence on the basis of fraud or if awarded on the basis of false documents and prosecuted by the official .
Article 32-The licence granted on behalf of the owner or the lessee to use public water in agricultural projects shall remain in the interest of the real estate of any person to which the property is transferred or the right to invest. .
Article 33. The licence must be renewed in the following cases :
-
When the previous license expires .
-
When replacing the pumping device with a more capable device .
-
When adding new areas increase the area specified in the well's license .
Article 34-The owners of drilling licences and pumping devices are imposed upon grants and for each licence on a flat fee of 5000 /5000 Syrian pounds. This fee shall be reduced to half upon renewal, and the fee shall be doubled at the time of the legal renewal period, and this fee shall be amended by decision of the President. When necessary, the Higher Committee for Water .

Chapter VII
General penalties
Al-Madqa 35. With no violation of the most severe penalties provided for in the Penal Code or any other law, the perpetrators of the acts listed are punishable by the penalties specified in these paragraphs. :
1-
A shall be punished by imprisonment from one year to three years and with a fine of 50,000 L.C. (200,000). (200,000). Each of the oldest means of demolition, destruction or partial destruction of one of the main irrigation facilities: Calsood and pumping stations, or the intent to contaminate the water sources .
(b) shall be punished by imprisonment from six months to one year and with a fine of 10,000 thousand L.S. (100000) 100000. Each of the oldest means of demolition, destruction or partial destruction of a utilization facility for water and its accessories, such as ferries, drinking, irrigation and major drainage; .
c. shall be punishable by imprisonment from one month to three months and with a fine of 3000 thousand L.C. (10,000) 10,000 L.C., each of the oldest means of demolition, destruction or partial destruction of irrigation, drainage, secondary and secondary drinking networks .
The above shall be required in the above-mentioned paragraphs (a-b-c) to the value of the damage caused by the act .
2-
shall be punished by imprisonment from one month to six months and a fine of 50,000 L.C. (100,000) to 100,000 L.C., directly or indirectly, to drill a well, install a pumping device, or invest a well, before obtaining an advance permit, whether or not an owner of the land, an agent, an investor or a tenant For the rest, the violation continues at the expense of those who have been drilled in favour of him, as is confiscated by the Ministry, all equipment, machines, tools and equipment used in the commission of the violation. .
3-
shall be punished by imprisonment from two months to six months and a fine from 20,000 thousand L.S. to (40,000) 40,000 L.A., each of the oldest is to establish facilities or works in the interest of the private interest within the boundaries and limits of sewage and water public facilities, or within irrigation projects, and the violation is still at its expense and confiscated for the benefit of Ministry All devices, machines, tools and equipment used in the commission of the offence .
4-
a-punishable by imprisonment from one month to six months and a fine (20000) 20,000 L.S (30,000) thirty thousand L.C., each of the oldest to steal irrigation water by any means. .
B is punishable by imprisonment from one month to three months or a fine from 3000 thousand L.C. to 10,000 to 10,000 L.C. every one of the oldest to steal water from the public drinking water network or tamper with it by any means. .
c. The property of the property in which the theft was committed, the subject of the item-b, if it is a beneficiary or a knowledge of it and is not aware of that institution, is punishable by the same penalty. .
d. In addition to the above-mentioned penalties for the abuse of drinking water projects, the above-mentioned perpetrators shall be sentenced to compensation in solidarity with each other, and the compensation shall include the value of the amount consumed in accordance with the value of the enterprise, plus the value of the subsequent damage to them. .
The institution shall receive applications for the settlement of violations committed prior to the operation of this law, located on public networks for drinking water, within six months starting from the date of the operation of this law, and considers all the violations before the operation of this law to be in the interests of it, which must be stopped. Criminal prosecution and suspension of sentence, and the institution has the right to remove the offence in case it cannot be kept .
5-
shall be punishable by imprisonment from three months to one year or to a fine of 255,000 L.C. (50000) 50,000 L.S.C. who used contaminated water for irrigation purposes .
6-
The disposition cases of equipment, machines, tools and equipment used in the commission of the violations in items (2 and 3) above shall be determined by decision of the Minister .
7-
a. The same penalty as provided for in one of the above-mentioned paragraphs shall be punished by any of the officers of the water officer who facilitate, conceal or condone the seizure or suppression of such offences. .
b. The same penalty as provided for in one of the above paragraphs shall be punished by those working in other public bodies in the State who produce orders or instructions that are not legally based on them and lead to damage to public water. .
Article 36-A-All the water resources allocated to government irrigation systems need to increase the quantities of water allowed, by paying a fine equal to five Syrian pounds per cubic meter, which will be drawn up by an increase in the amount allowed by them, in addition to the annual fee set forth in the decree. Legislative No. 8 /8 of 1996 .
(b) Everyone who has exceeded the planned area of water from the wells, an increase from the quantity of water contained in the licence granted to him, is required to pay a fine of five Syrian pounds for every single cubic meter, which will increase from the specified quantity and double the fine in case the violation is repeated. Once again, the license is suspended for one year, and the pumping device is still at the expense of the offender in case the violation is repeated for the third time. .
If the violation of the removal of the pumping device is not removed from the public water during the month of the decision to cancel the license, the ministry shall remove the device and implement it at the expense of the abstaining and its liability, and reserve the pumping device until reimbursement of the expenses for the removal of the device is paid. .
d. Everyone who has refrained from installing a meter on the well after placing it under investment is fined for the amount of /5000 /L.S. 5000 L.C. and the investment license is cancelled if it is not installed within three months of the date of the seizure. .

Chapter VIII
Water Officer
Article -73 Workers of the first and second categories in the field of water resources and their investment assigned to control the offences set forth in this Law shall have the status of water officer and shall be designated by the Minister's decision. .
Article 38. The workers mentioned in the preceding paragraph are sworn in by paragraph/2/2/of Article 7 of this Law before the President of the Civil Start Court in the governorate before their work. .
Article 39. One or more women officers may be formed within the public authority of the Ministry, as may be necessary .
Article 40. Octopus organized by the water officer shall have the adjective adjective adjective .
Article 41. In each of the institutions and units of which they have one or more water officers, to suppress violations and remove infringements on drinking water and sanitation networks, by decision of the competent minister upon the proposal of the Director General of the institution, and the members of the officers are sworn in. In paragraph 2/of article 7/of this Act before the President of the Civil Start Court in the governorate before their direct action, the conscience of the organization before them shall have the status of the judicial carp. .
Article 42. Carp is sent to the prosecution for whatever it is necessary to .

Chapter IX
- Exploration -
Article 43. Public operators may carry out prospecting in the territory of others under the Minister's consent exclusively in cases of necessity, based on the guidance on land quality and water classes, and on the priority of drinking water after taking into account the provisions of drilling licences set out in Chapter 6 of this law. .
Article 4.44 The operator of the prospecting shall be committed to the following: :
a. Clearance of waste from the ground in place of prospecting and neighbouring territory and compensation for damage caused by prospecting .
b. Compensation for denial of investment in space and time for investment due to prospecting .
c. Composition of a committee by decision of the competent exchange order consisting of at least three members whose task: to consider compensation for damage caused by prospecting and to estimate compensation for deprivation of investment, and considers the decisions of the Commission as a window after ratification .
d-Immediately back to what it was in case the water was not discovered. .
e. To use the space required for public use of the water source if prospecting is caused by the amount of water required .

Chapter X
- Water user associations -
Article-45-Speak in the Syrian Arab Republic by decision of minister associations on behalf of water users associations .
Article-46-Accession of beneficiaries of water sources with collective use of associations shall be mandatory within the work area of the Assembly .
Article-47-Water users associations shall be given loans to march from one of the public banks and shall be granted once upon incorporation. The Minister of Finance shall issue instructions on granting such loans and how to recover them. .
Article 4.48 The Minister shall issue the executive instructions, the model statute of associations and the document of transfer of responsibilities from the Ministry to the Assembly .

Chapter XI
- General provisions -
Article -49 Public water investment is subject to :
a. Provisions of Legislative Decree No. 8 /8 of 1996 and resolutions issued by the President of the Higher Water Commission for irrigation water .
B-Decisions issued by the competent minister include the investment system and the decisions of the know-how for drinking water and sanitation. .
Article -50 - Public water is maintained from pollution through cooperation and coordination between the Ministry and other ministries and public bodies according to laws and regulations in force. .
Article 51. The jurisdiction of the public water property and the authority to administer and represent it shall be within the jurisdiction of the Ministry, except for those under the jurisdiction of another public authority under special laws .
Article-52-The owner of the wells is committed to using advanced irrigation techniques according to the foundations and decisions issued by the Higher Water Committee. .
Article-53-Minister or competent minister issues the necessary decisions to rationalize the use of public water for different purposes, and the beneficiaries of these waters must abide by these decisions, and if they are found to be wasted by the beneficiary or contrary to the decisions issued, the minister or the competent minister is entitled to withhold the use of such decisions. Water for the contrary beneficiary to submit proof of commitment to the decisions of the Ministry or the competent ministry .
Article 54. The Chairman of the Higher Committee for Water issues executive instructions to the Higher Water Commission and the Basin Management Committee .
Article-55-In a way that does not contradict the provisions of former article 54, the Minister shall, in coordination with the competent authorities, issue the executive instructions for the provisions of this law. .
Article-56-All provisions in contravention of the provisions of this Act shall be repealed wherever it is contained in laws and regulations in force .
Article-57. This Law is published in the Official Gazette and operates as of the date of its promulgation. .
Damascus at 15 -10-1426 A.H., 16-11-2005 .

President
Bashar al-Assad

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Statement of the People's Assembly on the seventieth anniversary of independence

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