Iceland’s Water Act establishes the general legal framework governing rights to and use of surface waters, including rivers and lakes. Its objectives are to secure public access to sufficient and clean water, define landowners’ water rights, integrate utilisation and environmental considerations, promote cooperation between public authorities, and ensure the rational use and long-term protection of water resources in accordance with sustainable development. Water rights generally accompany ownership of the land on which or through which the water occurs, while the Act establishes rules for shared waters, boundaries and competing rights. It also establishes a hierarchy of uses, giving priority to domestic needs, agricultural needs, other commercial or industrial uses, irrigation and, finally, energy production. The Act regulates the use of water for domestic and agricultural purposes, industry, water supply and irrigation. Landowners may use water associated with their property provided they do not take more than necessary or unreasonably prejudice other right-holders. Municipalities may obtain water from privately owned land for public water-supply purposes, subject to protection of essential existing uses and compensation, and expropriation may be authorised where agreements cannot be reached. The Act likewise regulates irrigation rights, including access to water and neighbouring land, compensation for affected owners and the establishment of collective irrigation and other water associations for shared water projects. The Act also governs hydropower, water storage, dams, alteration of watercourses, drainage and other works in or near water. Landowners with water rights may use water to generate energy, although hydropower-generation licences are governed by the Electricity Act. Certain water-storage projects and alterations to watercourses require permission from the Environment and Energy Agency, and works must be carried out so as to minimise disruption to water quality, aquatic ecosystems, landscapes and the rights of other users. The Act also expressly prohibits pollution of waters, including introducing substances, objects or organisms that could impair the physical or chemical condition of the water, its ecosystems or its immediate surroundings. Administration and supervision are principally entrusted to the Environment and Energy Agency, under the overall authority of the minister. Decisions concerning certain works may be appealed to the Environmental and Natural Resources Appeals Board, while other Agency decisions may be appealed to the minister. Planned works affecting water generally require either a permit or notification, and the Agency may impose conditions, immediately stop unauthorised works, order corrective action and impose daily coercive fines of ISK 10,000–500,000 for continuing non-compliance. The Act also contains extensive rules on compensation and expropriation and imposes strict liability in certain circumstances, including unauthorised works, works carried out contrary to statutory safeguards or damage arising from inadequate maintenance; violations of the Act may additionally result in fines.
Islande · 1923-06-15