1. GOVERNANCE

1 a) Institutions within the government responsible for water resources governance and administration

The Water Law of 2020 assigns significant functions and powers to the Ministry of Environment, Water and Agriculture (MEWA) and its Minister. The Ministry shall closely coordinate with other ministries such as the Ministry of Municipal and Rural Affairs, the Ministry of Industry and Mineral Resources, the Ministry of Finance and the Ministry of Economy and Planning. A committee formed by the Ministers responsible for these Ministries shall carry out certain key functions under the Water Law. For water supply and treatment and sanitation, the Electricity and Co-generation Regulatory Authority (ERA) is the main supervisory authority. The Water law also creates a Violation Review Committee. Article 76 of the Law is about regulation-making powers and duties of the Ministry and the Authority.

The Saline Water Conversion Corporation was created in 1974 by Royal Decree No. M/49 (amended in 2005) as an independent public institution responsible for water desalination. The National Water Company (NWC), a state-owned company, is the established to provide in large areas of Saudi Arabia water and wastewater treatment services in accordance with the latest international standards. The Saudi Water Partnership Company operates to enhance private investment in the water sector.

A Cabinet Decision of 2021 created the National Centre for Water Efficiency and Rationalization, which aims to improve the efficiency of the water supply chain in Saudi Arabia and achieve sustainable development within the framework of the Kingdom’s Vision 2030.

Resolution No. 270 of 2019 establishes, under the Ministry of Environment, Water and Agriculture, the National Center for Research and Development of Sustainable Agriculture. The Center, in order to support the development of sustainable agriculture aims at, among other things: (i) knowledge management; (ii) developing sustainable agricultural systems technologies; (iii) supervising research projects and programs; (iv) conducting research, studies and experiments in the fields of protected agriculture, biological control, and fertilizers; (v) rationalizing the use of water and facilitate the innovation process.

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1 b) User-based or community-based institutions

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MEWA shall, in coordination with other government agencies, set and approve short, medium, and long term development plans and programs for water resources, supplies, uses, and treatment (article 4 of the Water Law). Government agencies and the private sector shall, upon setting national and development plans, coordinate with MEWA regarding the water needs for such plans (article 13).

Generally, the Water Law assigns to MEWA and the Electricity and Co-generation Regulatory Authority (ERA), as applicable, the duty ensure that all water uses are effectively monitored and measured, whether directly or through the licensees (article 42). More specifically, article 60 stipulates that the Ministry shall monitor compliance with the quality standards of water used for agricultural purposes, whereas the Authority shall monitor the quality of water used by a licensed service provider during production, transfer, distribution, and storage, and shall ensure compliance with the standards and specifications approved by the Ministry. In addition, the Ministry shall, assisted by other agencies, periodically estimate the quantities of water available in water resources, and measure the volume of withdrawal therefrom, the stored water, its quality, depletion rate, and treatment. The Ministry and Authority, each within its jurisdiction, shall provide private sector establishments with information necessary for making informed decisions and conducting feasibility studies on investment in the utilization and development of water resources, service provision, or any other water activities and projects (art. 6). The same article defines a general duty to provide the Ministry and the Authority with the information, samples, and documents necessary for carrying out their duties as stipulated in the Water Law.

The Water Law in article 13 requires government agencies and the private sector to coordinate with MEWA regarding the water needs for national and development plans. Public and private agencies shall notify the Ministry of any changes in their water resources, and the Ministry shall take necessary action (art. 14).

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The Water Law provides for the establishment of Violation Review Committee, which shall decide on violation of provisions of the Water Law that falls under MEWA's or ERA's jurisdiction as well as on any violation of the Regulations of the Ministry or the Authority. It shall impose the penalties prescribed in this Law and determine compensations. Decisions of a Committee may be appealed against before the administrative court within 60 days from the date of notification (article 70 of the Water Law).

Articles 20 and 22 of the Water Law define powers of the inspectors of MEWA. Chapter 15 is about enforcement and prosecution. The Ministry and Authority shall, each within its jurisdiction, detect and investigate violations of the Law and shall take necessary statutory measures. They may, each within its jurisdiction, assign specialized companies or agencies to carry out monitoring and detection of violations (art. 65). Article 67 lists various violations of the law, whereas artcle 68 prescribes penalties. A Violation Review Committee is established under article 70. In case of violation, the Ministry or the Authority, as applicable, may order to cease and rectify a violation (rectification may also be carried out by the Ministry or the Authority), suspend a business activity and carry on the business for a period of 6 months. Such action must be initated by the Violation Review Committee (art. 71). A violator shall be liable for any damage incurred by a licensee’s facility or by a third party, including the costs of repair of the damage and compensation for any revenues lost as a result of such damage (art 72).

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An Agreement between the Government of the Hashemite Kingdom of Jordan and the Government of the Kingdom of Saudi Arabia for the Management and Utilization of the Ground Waters in the Al-Sag/Al-Disi Layer was signed in 2015.

2. WATER RIGHTS

The Water Law states in article 8 that, without prejudice to rights prescribed by Sharia, water resources shall be deemed public property and shall be utilized in accordance with the provisions of this Law and other laws. A water resource may not be used or developed without a licence.

The Environmental Law prohibits the use, transfer, store, sell, or promote natural resources found in the Kingdom without a permit or licence (art. 7).

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The Water Law establishes priority of water uses: 1. Basic human needs; 2. Animal drinking needs; 3. Meeting agricultural, urban, and industrial demand as well as the minimum ecological balance, and other similar purposes. Prioritization of such purposes shall be determined pursuant to a decision by the Ministerial Committee based on the MEWA’s recommendation.

Quantities of water shall be allocated for development purposes pursuant to a decision by the Ministerial Committee, upon the recommendation of MEWA, based on the properties of the water-bearing layers and the annual flow rate of the valleys to ensure their sustainability as well as current and future potable water supplies, in coordination with relevant agencies (art. 15 of the Water Law).

The Minister of Environment, water and Agriculture may, for reasons relating to water shortage or scarcity, water or environmental security, or public health, suspend any resource use license or reduce the permitted quantities specified therein, except for resources excluded by the Ministerial Committee. The Ministry shall coordinate with the Electricity and Cogeneration Regulatory Authority (ERA) within a period determined by the Ministry’s regulations prior to taking any action in this regard if a service provision licensed by the Authority is established on the resource (art. 18).

The Ministry shall, prior to transferring a resource use license from one user to another, ensure that no application for different use of such resource that is higher in priority is filed and that the new use is in line with the strategy and safe yield of such resource, in accordance with the Ministry’s regulations. If a licensed service provision activity is established on the resource, the Ministry shall consult with ERA before transferring a licence (art. 37).

For easements related to mining operations, please see section 4 d).

Section 8 of the Water Law mentions Sharia as a source of water law.

3. WATER QUALITY AND POLLUTION CONTROL

The Water Law prohibits use of wastewater for any purposes and under any circumstances, and treated wastewater may not be used for any purpose or activity, or be discharged, except in accordance with standards and usage priorities approved by the Ministry of Environment, Water and Agriculture . Sanitary or industrial wastewater may not be transported or collected, or disposed of or discharged using the sewage network, tanks, or any other means, except after obtaining a service provision license (art. 21). The Law requires the Ministry to issue and update standards, specifications, and requirements for protecting water resources and the environment from pollution (art. 61). The Ministry of Energy, Ministry of Industry and Mineral Resources and Ministry of Municipal and Rural Affairs and Housing shall, each within its jurisdiction, take the necessary measures to prevent the leakage into the water-bearing layers of hydrocarbon and toxic materials. They shall notify MEWA of any leakages (art 63). A licensee shall maintain a safe distance, as set by Regulations of the Electricity and Co-generation Regulatory Authority (ERA), between wastewater collection networks and water resources and shall take all necessary measures to avoid leakage of wastewater into water resources or their transportation and distribution systems or tanks (art. 64).

The Environmental Law prohibits any activity that may pollute, harm, or adversely affect the use of environmental mediums and water resources, as specified by Regulations (art. 6). A holder of a license or permit who engages in activities that may result in the release of emissions or pollutants or may affect environmental mediums (including water) shall: 1. comply with the environmental requirements, rules, procedures, standards, and measurements specified by Regulations; 2. take the necessary measures and procedures when approaching the limits of environmental standards; 3. develop detection, monitoring and measurement mechanisms; 4. provide the competent authority periodically with data and reports relating to polluting activities; 5. provide the competent authority with an environmental audit; and 6. rehabilitate environmental mediums that have degraded as a result of his or her activities (art. 8). The competent authority shall determine the activities referred to in article 8.

The Executive Regulation for the Environmental Law for the Protection of Aqueous Media from Pollution of 2020 assigns a central role to the National Center for Environmental Compliance with regard to control of water quality and pollution. Functions of the Center are defined in articles 3 and 4. All persons must adhere to the standards listed in Appendices (2) and (3) of the Regulation before discharging treated wastewater into soil, land, or waterbodies and must adhere to the wastewater treatment technologies requirements set out in Appendix (4). Licences of the Center are required for: a. Installation and operation of ambient water monitoring and surveillance networks; b. temporarily exceeding treated wastewater standards; c. discharge of treated wastewater into environmental media.

The Executive Regulation for the Environmental Law for the Protection of Aqueous Media from Pollution sets out the procedures for obtaining a licencese or permit for activities listed in section 3a). There shall be a template for an application and the Center must decide within maximum working days (art. 8). Denial of a license or permit must be justified. Article 8 sets out the documents required to accompany an application for a permit to discharge water into the environmental media.

Rainwater, groundwater, agricultural drain water, and the like, or water originating from construction sites shall not be discharged into the public sewage network without obtaining the approval of the licensed service provider, in accordance with the license requirements set by EWA (art. 30 of the Water Law). The owners of oil factories, car wash stations, restaurants, kitchens, and the like shall, after obtaining the approval of the licensed service provider, install and maintain grease or oil traps in accordance with the license specifications as determined by ERA.

The Environmental Law in article 11 requires a permit to be obtained for discarding, discharging or injected into underground wells or any environmental mediums of any wastewater or treated liquids. It requires also further regulation of pumping treated wastewater into aquifers (art. 47).

According to the Law on the management and importation of chemicals, MEWA may authorize and clear importation of chemicals used in water and sewage treatment and their plants.

4. WATER AND ENVIRONMENT

Article 18 of the Water Law allows the Minister of Environment, Water and Agriculture, for reasons relating to water shortage or scarcity, water or environmental security, or public health, to suspend any resource use license or reduce the permitted quantities specified therein, except for resources excluded by the Ministerial Committee. Quantities of water shall be allocated for development purposes pursuant to a decision by the Ministerial Committee, upon the recommendation of the Ministry, based on the properties of the water-bearing layers and the annual flow rate of the valleys to ensure their sustainability as well as current and future potable water supplies, in coordination with relevant agencies (art. 15).

The Environmental law requires Environmental Impact Assessment and Strategic Environmental Assessment to be further regulated by subordinate legislation. The Executive Regulation for the Environmental Law for the Protection of Aqueous Media from Pollution of 2020 requires in article 8 an Environmental impact of the discharge of water into the environmental media to be carried out.

The Implementing Regulation of the repealed Environmental Act No. 193 of 2001 provide with respect to environmental impact assessment.

For environmental impact assessment related to mining operations, please see section 4 d).

The Environmental Law in Chapter 3 provides for the protection of forest lands, pasture lands as well as lands of national, wildlife, or geological parks (Vegetation Cover Lands). Engaging in any activity or operation on the vegetation cover lands without a permit or license shall be prohibited, as specified by Regulations. The Chapter prohibits avarious activities in these protected areas and also provides protection for agricultural lands. Chapter 6 provides with respect to protected wildlife areas. Also here, various activities are prohibited and engaging in any activity within the limits of the protected areas without a permit or license shall be prohibited, as further specified by Regulations.

The Environmental Law in Chapter 3 provides for the protection of forest lands, pasture lands as well as lands of national, wildlife, or geological parks (Vegetation Cover Lands). Engaging in any activity or operation on the vegetation cover lands without a permit or license shall be prohibited, as specified by Regulations. The Chapter prohibits avarious activities in these protected areas and also provides protection for agricultural lands. Chapter 6 provides with respect to protected wildlife areas. Also here, various activities are prohibited and engaging in any activity within the limits of the protected areas without a permit or license shall be prohibited, as further specified by Regulations. The Implementing Regulation of Forest and Pasture Law of 2004 provides protection for forests useful for the protection of watercourses, water supplies and deposits.

Article 33 of the Mining Law of 2020 grants to a licensee, subject to a permit issued by the Ministry Industry and Mineral Resources based upon the approval of the relevant government agencies, easement rights necessary for carrying out operations under the license on any State-owned land outside the license site, provided such rights are not in conflict with the rights of other parties over such land. If any of the required easement rights fall on a privately-owned land, as established by a title deed or on another license site, the licensee must reach an agreement with the owner or usufructuary of the land, or any other licensee to acquire such rights in the manner prescribed by law. Easement rights shall, under this article, include rights to surface and groundwater, if no alternative water resources are available, provided such use does not conflict with water conservation laws and instructions.

Article 35 requires an applicant for a mining license, a small mine license, or a general purpose license to include in his application an environmental and social impact assessment and a plan for site reclamation and closure as specified in the Regulations. The applicant shall, pursuant to the license and in accordance with the Regulations, take the measures necessary to preserve and protect water resources, the environment, and wildlife against hazardous waste or any other environmental damage. The competent environmental agency in the Kingdom shall render a decision on the environmental impact assessment within 60 days from receipt thereof. The Minister may extend said period for certain mining activities.

Without prejudice to the provisions of article 35 and in accordance with the license terms and conditions, the holder of an exploitation license shall, for the purpose of exploiting minerals covered by the license, have the the rights to use available water resources to carry out the licensee’s operations, in accordance with article 33 (art. 45).

The National Center for Water Efficiency and Rationalization shall promote efficient water use. The Water Law requires the Ministerial Committee propose generally water tariffs and ERA to approve the tariffs taking into consideration rationalization of water use, and conservation and sustainability of water resources (arts. 32 and 33).

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5. WATER SERVICES AND SANITATION

The Water Law assigns the power to regulate and supervise the water service sector to the water and Electrictricity Authority (ERA). The Authority shall issue, renew, and amend licenses, exemptions, and permits required for engaging in or preparing to engage in any service provision activity. Articles 47 to 51 are about licensing of service providers.

Wastewater treated by filtration and purification, or any other process, following secondary treatment shall not be used for drinking, household purposes, or in food industries. It may be used for other purposes after ensuring that it is suitable, safe, and contaminant-free, in accordance with the rules and conditions specified in the Ministry’s regulations (art. 23 of the Water Law).

There is a duty to connect to the public network if available, but if not, a single wastewater treatment plant shall be established. Public and private parties shall coordinate with a licensed service provider prior to connecting wastewater to sewage networks, or prior to collecting wastewater by tanks and discharging it into a treatment plant in the absence of a sewage network (art. 26). Article 28 concerns conditions for a licence for a sewage treatment facility.

The Executive Regulations of the Water Law for regulating service provision activities of 2020 applies to water supply services for urban and industrial utilization, and sewage and industrial services, but not to water for agricultural purposes. The main general objectives of the Regulation is to ensure the provision of water safe, clean, reliable supplies, of high quality and at reasonably competitive prices, to achieve justice among consumers. It promotes the participation of the private sector in the activities and effective governance of water services. For each of the following activities, the Regulation defines the general procedures and parameters to be respected, as well as duties of the licensees: (i) desalinated and purified water production activity (articles 6-10); (ii) desalinated and purified water transport activity and their strategic storage (articles 11-14); (iii) pumping water from wells and dams (articles 15-17); (iv) water distribution and retail activity (articles 18-25); (v) collecting and transporting industrial or wastewater (articles 26-40); (vi) sewage or industrial water treatment activity, treated (articles 41-48); (vii) transporting and distributing treated water and selling it retail (articles 49-55); (viii) principal buyer activities, necessary to offer various projects concerning water plants, and needs a license from the Ministry to be practiced (articles 56-59).

Please see section 5a).

6. AGRICULTURE

The Cabinet Resolution No. 187 of 2018 aims at regulating the Saudi Irrigation Organization, which is associated with the Minister of Environment, Water and Agriculture (MEWA). This Organization manages, operates, and develops irrigation activity in the Kingdom, also through contracts with specialized bodies to carry out some of its tasks. The Organization principally undertakes the following duties; (i) prepare general policies, plans, and programs to develop irrigation activity and to conserve irrigation water and rationalize its use; (ii) utilize the available sources of conventional and non-conventional irrigation water; (iii) prepare irrigation scheduling programs for agricultural crops according to water regulations; (iv) develop and implement emergency plans for irrigation activity and to face water shortages; (v) propose draft laws, regulations and standards regulating irrigation activity; (vi) application of water quality standards used in agricultural irrigation, and monitoring the quality of irrigation water and agricultural soil; (vii) construct and maintain water supply sources for irrigation, such as dams, groundwater, and alternative sources; (viii) construct and maintain pumping stations and projects for transporting, storing, and distributing irrigation water; (ix) develop the approved techniques to monitor the consumption of irrigation water and ensure its compliance with the allocations and programs for the use of water; (x) conducting studies and research to improve irrigation methods, adopting modern technologies and rationalizing the use of irrigation water; (xi) provide programs to qualify human cadres working in this field; (xii) providing a database and statistical information on irrigation activity; and (xiii) conclude agreements and contracts related to irrigation with local and foreign authorities. The Organization shall have a board of directors headed by the Minister of Environment, Water and Agriculture.

Section 16 of the Water Law requires water allocated for agricultural purposes to be used in accordance with the MEWA’s national strategies approved by the Minister. Water supply for agricultural purposes and trading in desalinated, purified, and treated water, and sanitary and industrial wastewater (principal purchaser activities) require a licences to be determined by the Ministerial Committee or the Ministry, respectively.

Tertiary treated wastewater may not be used in food industries but may be used for other purposes after ensuring that it is suitable, safe, and contaminant-free, in accordance with the rules and conditions specified in MEWA's regulations (art, 23). Secondary treated water may be used for restricted irrigation (irrigation of plants the yield of which does not come into contact with water) after ensuring that it is safe and contaminant-free, in accordance with the rules and conditions specified in the Ministry’s regulations (art. 25). An irrigation system shall, in order to protect water resources from pollution, include an integrated drainage system to collect and dispose of excess irrigation water in a safe manner, as specified in the Ministry’s regulations (art. 24). Sludge shall be used in accordance with rules and standards issued by the Ministry for the protection of public health and the environment (art. 27).

The Ministry shall, in coordination with the relevant agencies, determine the water-consuming agricultural and animal products and their derivatives that may not be exported (art. 36). It shall also monitor compliance with the quality standards of water used for agricultural purposes (art. 60).

The Saudi Arabian Code for Responsible Aquaculture Practices is a nationwide sectoral document aiming at promoting the responsible and sustainable development of the aquaculture industry to assure the high quality of the products, respect of the environmental and societal considerations, and meeting of consumers’ food safety requirements. The Code, primarily based on the international standards and guidelines required by the GAA/BAP farm certification standards, has been developed by the Saudi Aquaculture Society (SAS), under the guidance of the Aquaculture Department of the Ministry of Environment, Water and Agriculture (ADMEWA) and it serves as the official standard setting document for the certification and labelling of national aquaculture products under the SAMAQ program. The Code is designed to meet four main objectives (1) a well-constructed instrument helping in achieving balanced and proportionate regulation of the industry’s activities; (2) a high minimum standard of practice for every participating aquaculture producer and a framework for industry development through continuous improvement; (3) assurance to all stakeholders, consumers and the general public that Saudi aquaculture is a highly responsible operating food sector; (4) certification of the industry and the subsequent labelling of the products under the SAMAQ logo, to develop marketing and promotional actions for increasing the awareness on the industry’s products.

The Water Law in article 12 prioritizes water use for animal drinking needs.

Article 30 of the Water Law prohibits discharge of agricultural drain water into the public sewer without permission. The Executive Regulation for the Environmental Law for the Protection of Aqueous Media from Pollution of 2020 pays special attention to the use of treated wastewater. Such water may also be used for agricultural purposes after treatment specified in Appendix 4.

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7. WATER RESOURCES DEVELOPMENT AND INFRASTRUCTURE

The establishment of a desalination plant at a specific location on the sea shall require the prior approval of the Ministry (art. 9 of the Water Law).

Agencies may not authorize works that would obstruct of utilization of surface water, without obtaining the approval of the Ministry.

Chapter 8 of the Water Law is about rationalization of use of water resources. MEWA shall be the lead agency for this process and all users and agencies shall comply with its directions. Article 44 of the Law is about construction of tanks for strategic water reserves, whereas article 46 is about use of water for for purposes of preservation of water reserves and strategic storage.

The Ministry, or its designee, shall, in the absence of a licensee in the areas outside the jurisdiction of municipalities, sub-municipalities, and special zones, create infrastructures for water harvesting to ensure optimum use thereof. The public water infrastructure required for service provision activities shall be used under a license of ERA in accordance with this Law and the Authority’s regulations (art. 52). ERA shall also supervise any infrastructure used for service provision (art. 53).

8. GROUNDWATER

The Ministry may require the installation of meters to measure water flow from wells located in non-renewable water-bearing layers in order to monitor and regulate water consumption and rationalize its use in accordance with water duties (i.e. the quantity of water determined in accordance with the needs of different crops). The Ministerial Committee (established by the Water Law) may impose a fee if consumption exceeds the water duty (art. 10 of the Water Law). Licenses for use of well water shall not be transferred upon the transfer of ownership of the land where the well is located, except with MEWA’s approval (art. 11).

Article 58 requires well-digging and mining for water to be done under a licence granted by the Ministerial Committee or the Ministry. A license for well drilling, mining for water, or mining for other purposes issued by an entity other than the Ministry shall not grant the licensee the right to use the discovered water resource. Such right shall be subject to the terms of use stipulated in this Law and the Ministry’s Regulations (art. 59).

A person who reports unlicensed wells in his property within two years from the date this Law enters into force shall be exempted from the fine prescribed for unlicensed wells (art. 73).

9. WATER-RELATED HAZARDS, DISASTER RISK MANAGEMENT AND REDUCTION

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The Water Law in article 4 allows the Minister of Environment, Water, and Agriculturel, in the event of an emergency or a natural or man-made disaster that leads to water scarcity or pollution, to declare a water state of emergency and take extraordinary measures in coordination with the National Risk Unit. Generally, MEWA may set and approve plans for the management of emergencies and disasters that affect water resources, supplies, uses or treatment to protect water reserves and resources, and its distribution, in coordination with the Water and Electricity Regulatory Authority and relevant agencies.

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COURT CASES AND GENERAL COMMENTS

INTERNATIONAL AGREEMENTS

SYSTEM INFORMATION