The Hashemite
Kingdom of
Jordan
The Ministry of Water and Irrigation
The Water Authority
By-Law No. (85) of 2002
Underground Water Control By-Law
We Abdullah The
Second Bin Al Hussein King of the Hashemite Kingdom of Jordan, in
pursuance of Article 31 of the constitution, and upon the decision of
the Council of Ministers dated 13/8/1998, decree the adoption and
promulsation of the following By-Law:
By-Law No. (85) of 2002
Underground water Control By-Law
Issued in pursuance of Articles 6 and 32
Of the Water Authority Law No. 18 of 1988.
A-
The
underground water is owned and controlled by the State. Extraction or
utilization thereof is prohibited except by a license issued under this
By-Law prescribing therein the usage,the extraction quantity and any
other condition.
B-
Ownership of the land does not
include ownership of underground water therein. The license to extract
water issued to the landowner is considered merely as a permit to
utilize it within the license conditions.
Article 4:
A-
The Ministry performs the
technical studies, the discovery of water resources, the monitoring of
the quality and quantity thereof, the identification of these resources
and the utilization thereof.
B-
The Board on the submission of
the Minister determines the maximum quantity of underground water
permitted to be extracted annually from each ground water basin within
the limits of safe yield.
C-
The regulatory measures for
ensuring safe extracting from any water basin shall be determined by the
Board in coordination with the Ministry of Agriculture, which defines
the arable area of the land from which the water is extracted and the
quantities of water needed for its irrigation in the light of the sort
of the crops and the irrigation methods used for this purpose.
Article 5:
The
competent officials nominated by the Minister or the Secretary General,
shall have the right to enter any land for conducting studies or
investigation or collection of information related to underground water
or for carrying out any measures required by this By-Law.
A-
The areas where drilling of
wells is prohibited shall be defined by a resolution of the Council of
Ministries upon recommendation by the Board, provided such resolutions
shall be published in the Official Gazette and in two local daily news
papers.
B-
As an exception to the
provisions of clause “A” of this article, in the case where the
Ministries, Governmental Departments, Official Institutes, Universities,
and industry and tourism sector find it impossible to secure their water
needs from the public water supply network the Board may grant any of
them a license to drill wells in the prohibited areas pursuant to the
provisions of this By-Law.
C-
If the person to whom the
drilling license was issued failed to commence drilling or to complete
same, or to do the pumping test in an area banned after the issuance of
the license thereto, the said license shall be deemed ipso- facto
cancelled. The Authority shall publish this cancellation by the methods
it deems fit.
Article 7:
Without violation of the provisions of The Jordan Valley Development Law
in force, the rules governing the construction of public and private
water wells, the methods of using the underground water extracted
therefrom, and the quantities thereof shall be determined by regulatory
decisions issued by the Board upon the submission of the Minister.
The
licensing of wells drilling and water extraction:
Article 8:
Everybody
is hereby prohibited to commence drilling a well or extracting
underground water, or changing the specifications of an existing well or
drilling a substitute well unless a license to this effect in accordance
with the provisions of this By-Law has been obtained.
Article 9:
A-
The licensee to drill a well
should carry out under the supervision of the Authority a pumping test
before commencement of the utilization thereof, so that the well
production capacity and the water quality may be determined, and an
extraction license may be issued in which the allowed pumping quantity
annually and the rates thereof is defined. This function should be
completed within a period not exceeding six months from the date of the
drilling completion. This period may be extended for justifying reasons
by a decision of the Board on the submission of the Secretary General.
B-
Extraction of water without
performing the pumping test shall constitute a contravention that shall
entail a warning to the person who performed the drilling of the well,
in order to rectify the violation within thirty days. If the violation
continues the license shall be deemed ipso facto cancelled. The
Authority thereupon in pursuance of the law shall backfill the well at
the expense of the offender by administrative measures, without the need
to issue any warning or notice.
Article 10:
Any one who is granted a license to extract underground water is hereby
obligated to refrain from causing any water pollution or depletion, and
to comply strictly with the conditions of the license.
Article 11:
The owner
or the possessor of a private well is hereby prohibited to do the
following:
A-
To irrigate any land other
than that specified in the water extraction license or to sell this
water for irrigation purposes.
B-
To sell the water extracted
from the well by water-tankers for drinking purposes or any other
purpose without obtaining a prior written approval from the Secretary
General, or his delegatee, and according to conditions outlined for this
purpose.
Article 12:
If the
ownership of the land where the well is located, is transferred to a new
owner, it is not permitted to transfer the drilling or water extraction
licenses to the name of the new owner unless any sums due for the
Authority are paid. The new owner shall comply with the license
conditions or any additional conditions imposed by the Authority
thereon.
Article 13:
The
Authority shall have the right -by virtue of a Board decision and in
pursuance of the legislation in force to take over by acquisition- any
public or private well together with an appropriate access thereto, to
enable the Authority to utilize same.
Article 14:
The
Authority is not entitled to sell, rent or assign any of its wells
unless by virtue of a decision by the Council of Ministers on the
submission of the Board.
Article 15:
In case
underground water emerges during implementing works on the land either
by the owner, occupier or a contractor, which were not intended for
water extraction, any of the said persons must notify the Secretary
General of that in writing within a maximum period of seven days from
the said emergence.
Article 16:
If any
areas were found to be polluted or depleted, the Board shall take a
decision to set the appropriate measures that will put an end to such
pollution or depletion including the rationalization or reduction of the
extraction rate, to an extent that would allow the halt of pollution or
depletion, and the restoration of the natural balance to the aquifer or
to the underground water basin.
Article 17:
On the
submission of the Secretary General, the Board may take a decision to
the following effect:
A-
The cancellation of a drilling
or an extraction license, if the licensee violates any of the conditions
therein, and the shutting down of the well until the breach is
rectified.
B-
The cancellation or amendment
of the license conditions if the public interest so requires.
A-
The Secretary General may take
any of the following measures:
1-Backfill any well
drilled without a license in persuance of the provisions of this By-Law.
2-0
Backfill any well whose owner did not abide with the conditions of the
license granted thereto.
B-The
offender shall bear the costs of rectifying the violations specified by
clause (A) of this article.
B-
If the offender does not
rectify the offence set out under clause (A) of this article, the
licenses granted thereto shall be cancelled.
Article 19:
A-
If any one was caught
performing drilling, deepening, cleaning, maintaining or testing any
well or extracting water therefrom, or operating or possessing a
drilling rig in contradiction to the provisions of this By- Law, a
restraint report against him should be made, and the drilling rig and
other equipment shall be seized. The offender shall be referred to the
competent court to inflict upon him the punishment provided for under
this By-Law.
B-
The provisions of paragraph
(A) of this article cover the owner or possessor of the land where the
breach took place. The offender shall bear the costs of the seizure act
until a decision by the court is made there upon, without affecting the
right of the Authority to remove the offence by administrative means in
accordance with of the law.
Article 20:
To enable
the Authority to collect its dues by virtue of this By-Law, coordination
should be made by the Authority with both the Land and Survey Department
and the Income Tax Department to make use of the process of transactions
through these two departments, by their ascertainment that the
transactions submitted to either department by owners of lands with
ground water wells, have fulfilled their obligations to pay the amounts
due from them to the Authority, in the light of lists containing the
names of these persons presented to the said Department from time to
time by the Authority .
Article 21:
A-
The application
for a drilling-license shall be submitted on the form approved by the
Authority, inclosing the supporting documents that are specified by the
Secretary General’s instructions issued for this purpose, inclosing
therewith a recent real estate registration deed for the relevant plot
of land.
B-
The Secretary General shall
publish the application to obtain a drilling license in two local daily
newspapers at the expense of the applicant. Any person with interest may
file an objection in writing against this application to the Secretary
General within 15 days of the publication provided he deposits a cash
insurance of 50 Jordan Dinars un-refundable if the objection was
rejected.
C-
After the study of the
application and the recite of the sums due under the provisions of this
By-Law, the Secretary General- on the expiry of the objection period
shall present the application to the Board to take the appropriate
decision. If the decision was an approval, the Minister issues the
drilling license containing the extent of the permitted depth and any
other conditions that govern the license.
D-
The license shall be valid for
one year, renewable once for a similar period by a decision of the
Minister on the submission of the Secretary General provided that a
renewal application has been submitted prior to the expiry of the
original license. The license shall be deemed cancelled if the drilling
is not completed within the set out period.
Article 22:
A- It is
hereby prohibited to grant a license for drilling a well for irrigation
purposes in a land of an area of less than one hundred Dunums provided
that the applicant proves his ownership of the land on the date of
submitting his application through presenting a real estate registration
deed issued by the competent authorities and provided that the
provisions of the Jordan Valley Development Law in force are abided
with. No drilling licenses may be granted in the Jordan Valley areas
unless after consultation with the Jordan Valley Authority.
B- It is
thereby prohibited to grant a drilling license to any person to drill a
well on lands owned by the State unless after the approval of the
Council of Ministers on the submission of the Board, based on the
recommendation of the Minister.
Article 23:
The Board
shall have the right in all circumstances to reject any application for
a drilling license if it is so required by public interest.
Article 24:
No license
for drilling a well for industrial or touristic purposes or for
universities use may be granted, unless the applications enclose
supporting documents from the competent official bodies within the
conditions requested by the Authority. It is prohibited to extract
water therefrom except for the purposes for which it was licensed.
However, in case either the project or the license thereof is cancelled,
the drilling and extraction licenses shall be deemed ipso facto repealed
and the licensee must shut down the well or backfill what was drilled
thereof. If the licensee fails to comply within the time limit fixed by
the Authority, the Authority shall have the right to implement the said
measures and to go back on the licensee for the costs plus 25% as
administrative expenses.
Article 25:
The
distance between a well and another shall be decided by a decision of
the Board upon a submission of the Secretary General provided that such
distance shall not be in any case less than one kilometer. Provided in
this respect the rules in force governing the agricultural units in the
Jordan Valley area are complied with.
Article 26:
It is
hereby prohibited to issue a license to drill a new or a substitute
well, or to deepen an existing well in spring areas unless the drilling
site is not less than three km far from the nearest spring, provided
that the applicant submits a written undertaking that the extracted
water will not have an effect in any way on the average output of the
spring. If it was proved that the average output of the spring has been
affected or its natural flow has been halted, then the license shall be
cancelled by a decision of the Board on the submission of the Secretary
General who shall take the necessary measures to backfill the said well.
Article 27:
I-
A license for a substitute
well shall be granted by a Board’s decision on the submission of the
Secretary General in accordance with the following conditions:
1-
The well should be existent
and licensed.
2-
The new license should contain
the rules relating to drilling wells in the region and the distances
fixed between them.
3-
There should be technical and
mechanical reasons but not reasons of water scarcity in the first well.
4-
The distance between the
substitute well and the old well should not exceed 50 meters provided
that the distances between the wells in the region are complied with,
and that the drilling depth should not exceed the depth of the first
well.
B-A
license for a substitute well shall not be granted if the preceding well
was located in the banned area and was not utilized or was back filled,
or the drilling therein did not penetrate the underground water layer.
In all instances, the first well shall be deemed as if non-existent.
C- The
license for water extraction shall not be granted and shall not be
utilized unless the preceding well has been back-filled. If the licensee
does not abide with this condition, the Authority shall have the right
by a decision of the Minister to repeal the original and the substitute
licenses, and to back-fill the well by administrative measures without
the need for the issue of a notice or warning.
D- A
technical report should be enclosed with the application from a
specialized and authorized engineering or geological office.
Article 28:
Licenses
for deepening, cleaning or maintaining an existing well shall be granted
by a Board decision in accordance with the following conditions:
A -The
existence of technical justifications confirmed by a report from a
specialized and authorized engineering or geological office if the need
arises.
B
-The well depth should be fixed in the license provided it does not
exceed the level of the water-layer where the well is drilled, and
provided that the drilling does not affect the water layer utilized by
the Authority for drinking purposes.
Article 29:
A- Every
owner of a well drilled and tested in accordance with the provisions of
this By-Law should obtain before commencement of utilization thereof a
license for water extraction issued by the Secretary General or
delegatee containing the conditions that the licensee should comply
with, including the following:
1-
The maximum amount of water
that may be extracted from the well within a fixed period of time.
2-
The purpose of water use.
3-
The maximum area that may be
irrigated from the water of the well licensed for agricultural purposes.
4-
The installation, at the
expense of the owner of the well, of a water-meter after it has been
approved and stamped by the Authority. This condition should be complied
with prior to the issuance of water extraction license.
5-
Notification of the Authority
within a period not exceeding 48 hours in case of non-function of the
water-meter. The owner of the well shall reimburse the Authority for the
fixed maintenance expenses. Of the water-meter
6-
Refrainment from taking any
measures that impede the flow of water from the well to water-meter
directly for the measurement thereof.
7-
Obligation by the licensee to
pay to the Authority in time the prices fixed for the extracted water.
8-
The keeping by the licensee of
a register-approved by the Authority where all data relating to the
well, and extraction process shall be registered regularly in accordance
with instructions issued by the Authority. The competent Authority
officials have the right to inspect this register.
B- The
water-meter referred to in paragraph “A” of this article shall be
considered sufficient evidence on the extracted amount of water from
time-to-time, unless the Authority finds the meter non-operative or has
been manipulated with. In such cases, the water quantity shall be
calculated in the light of the irrigated area, type of crop, or consumed
electricity power and in accordance with rules adopted by the Board for
this purpose in coordination with Ministry of Agriculture.
Article 30:
A - It is
hereby prohibited to grant more than one drilling or extraction license
for one plot of land.
B -No
drilling or extraction license may be granted to any person who has been
previously given a valid drilling license unless he had commenced
drilling work and completed same in accordance with of the previous
license.
Article 31:
No
drilling or extraction licenses may be granted under the provisions of
this By-Law- to any person who has been indicted by a final criminal
court decision more than once for violating the provisions of the Law or
this By-Law or the instructions issued thereunder.
The licensing of drilling Rigs and Drillers
Article 32:
I-
Every person is hereby
prohibited to possess or use directly or indirectly a drilling rig
unless he has obtained a license from the Authority in pursuance of the
provisions of this By-Law.
II-
Every person is hereby
prohibited to take on the job of well drilling unless after the
obtainment of a license from the Authority.
III-
The license referred to in
clauses (A and B) of this article shall be issued by the Secretary
General or the delegatee therefrom in accordance with the rules and
conditions specified by the Board by virtue of instructions issued for
this purpose.
Article 33:
The
license is valid for one year and renewable for a similar period. Any
person licensed to perform drilling works, maintenance, cleaning,
testing or deepening of wells must make sure before the commencement of
work that he has obtained a license to that effect in pursuance of the
provisions of this By-Law.
Article 34:
The owners
of drilling rigs that are used for petroleum exploration, soil tests or
mining are hereby prohibited to perform drilling thereby for the purpose
of extracting water, unless after the obtainment of a license to that
effect in accordance with the provisions of this By-Law.
Article 35:
The
competent departments in the Authority shall keep official records of
rigs and drillers and all activities related to the profession of well
drilling whereby technical and regulatory data and measures taken
against the licensee are registered.
Article 36:
It is
hereby prohibited to transfer the drilling rig from one site to another
without a written permit issued by the Authority indicating the
destination of the rig, purpose of the permit and its validity period.
The said permit should be kept in the rig during its movement, and
should be presented to the competent Authority officials and the police
whenever they demand that.
Licenses fees , water prices and services charges
Article 37:
|
Drilling license |
JD
(1000) one thousand Jordan Dinars |
|
Renewal of drilling license |
JD(500 ) five hundred Jordan Dinars |
|
Water extraction license |
JD
(100) one hundred Jordan Dinars |
|
Renewal of extraction license |
JD
(50 ) fifty Jordan Dinars |
|
Substitute drilling license |
JD
(750) seven hundred and fifty Jordan Dinars |
|
Well
Deepening license |
JD
(500) five hundred Jordan Dinars. |
|
Well
maintenance or cleaning license |
JD
(300) three hundred Jordan Dinars. |
|
Possession or use of a drilling rig license |
JD
(500) five hundred Jordan Dinars. |
|
Renewal of Possession or use of a drilling rig license |
JD
(100) one hundred Jordan Dinars. |
|
Driller license |
JD
(50) fifty Jordan Dinars. |
|
Renewal of driller license |
JD
(10) ten Jordan Dinars. |
|
Water prices
Article 38:
Subject
to the conditions of the water license and the quantities specified
therein for permitted extraction, the prices levied by the Authority for
the water extracted annually are fixed as follows:
I-
Agricultural water
wells
(1)
Licensed agricultural wells
|
|
Water quantity
|
Water price
|
|
