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Eritrean Water Law (Proclamation- No. 162 of 2010).

Country/Territory
Eritrea
Document type
Legislation
Date
2010
Source
FAO, FAOLEX
Subject
Livestock, Environment gen., Water, Waste & hazardous substances
Keyword
EIA Livestock water use Effluent waste water/discharge Environmental standards Royalties/fees Freshwater pollution Authorization/permit Pollution control Recycling/reuse Sewerage Waste disposal Waste management Standards Protection of environment Framework law Well sinking/boreholes Water shortage/drought Freshwater resources management Groundwater Hydropower generation Industrial water use Inland waters Potable water Rainwater Recreational water use Right to water Water charges Water conservation zone Water quality standards Water supply Sustainable development Sustainable use Human rights
Geographical area
Africa, Eastern Africa, Least Developed Countries, Red Sea & Gulf of Aden
Abstract

This Proclamation is made with the objective to ensure that the water resources of the country are utilized in a sustainable manner and for the best social and economic advantage of the Eritrean people, through; conservation and protection from pollution and related risk factors of the country’s water resources; systematization of studies and documentation of data on water resources; promotion of integrated water resources management and development as well as judicious prioritization of allocation and use of the same; establishment of pertinent legal framework and institutions with clear mandate in consonance with the principles of integrated water resource management; promotion of public awareness and participation in water conservation, protection and management and proper utilization; and ensuring equality in the use, management and development of the resources. Except where the exception allows, the Proclamation vests the ownership of all water resources within the country, with the people of Eritrea collectively, and charges the State with the management of the resources to ensure a sustainable and balanced usage. Consequently, the Proclamation grants individuals the right to use water resources in compliance with its provisions. Permits and authorization are required for certain usages of water resources including; for recreational, inland fisheries’ purposes, surface and ground water exploitation and use for municipal, industrial and agricultural purposes; construction and operation of any kind of water related works, among others. A permit is specifically required for the discharge of wastewater. As an additional requirement, an environmental impact assessment is required to be submitted to the Ministry of Land, Water and Environment prior to the grant of any permits authorized within the law. Once granted, a permit holder has some duties, including; to not cause or allow any water to be polluted; to not use the water for any other purposes, or in any volume exceeding than is allowed in the permit; to take necessary precautions to ensure that no activities on the land where water is used results in the accumulation of any substance which may render the water less fit, etc. The Minister is charged with ensuring and monitoring the implementation of this Proclamation. Similarly, the Ministry is charged with the effective and sustainable development and protection of Eritrea’s water resources. The 3rd chapter of the Proclamation provides for the planning of water resources. This chapter provides that measures shall be taken to ensure that proper and systematic studies are conducted on water resources quality and quantity, including; conducting surface and subsurface hydrologic investigations; establishing a monitoring network including stream gauging stations, groundwater exploration boreholes, meteorological stations, etc; collecting, compiling, processing and analyzing basic hydrological, hydro metrological and water quality data, etc. An inventory is provided for water resources through the establishment of a national water resource database, to be kept in constant review. A national water resource master plan is also required to be prepared and submitted to the Ministry for endorsement. Chapter 4 provides for prevention of pollution and water quality control. This chapter provides for the protection of water resources against pollution and abatement, it prevents the willful and negligent pollution and provides both civil and penal liability for defaulters. Provisions are made for the use of wastewater, including effluent discharge from sewage treatment plants, industries and the use of recycled wastewater. The use of untreated sewage water for irrigation is prohibited, with exceptions. The law provides for water charges and service fees for matters connected to the law.

Full text
English